| Procedure |
|
Technical specifications regarding the electronic messaging between Cepani an dits correspondents All electronic messages (e-mail) will be transmitted via Internet to Cepani using SMTP (Single Mail Transfer Protocol) and MIME (Multi-Purpose Mail Extensions). Article 10 Dispute resolution policy b) Applicable disputes.
c) Rules of procedure. The rules of procedure of the Dispute Resolution Entity state how to initiate and conduct the proceedings, which delays apply and how the Third-party Decider that will decide the dispute, will be appointed. The rules of procedure also determine the fees that the complainant must pay. The Dispute Resolution Entity publishes the rules of procedure on its web site. d) Non-intervention of DNS BE. DNS.be does not, and will not, participate in the administration or conduct of any proceedings before a Third-party Decider. Neither DNS.be, nor the Dispute Resolution Entity or the Third-party Decider will be liable for their or one and others fault during the dispute resolution process, except for intentional fault. e) Remedies. The remedies available to a complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the complainant. f) Notification and publication. The Dispute Resolution Entity is obliged to publish all decisions on its web site during a reasonable term. DNS.be must also be informed of these decisions. If the registrant is involved in other legal procedures concerning his/her domain name, he/she must inform DNS.be of the final decision(s). DNS.be has the right to publish the decisions referred to in the present article. If the registrant or complainant is a private person, DNS.be will omit the address of the person involved. g) Competent courts. The submission to the alternative dispute resolution proceedings does not prevent either the registrant or the complainant from submitting the dispute to a competent, independent court before, during or after those proceedings. If a Third-party Decider decides that the domain name registration should be cancelled or transferred, DNS.be will implement that decision 15 days after being informed of the Third-party Decider's decision by the Dispute Resolution Entity, except if the registrant has started the appeal procedure of the dispute resolution proceedings in due time. This period for appeal is a prescriptive date. If the appeal procedure was started in time, DNS.be will not take further action (whilst leaving the domain name on hold) until the appeal procedure has ended or has been cancelled. h) Other disputes. All other disputes between the registrant and any party other than DNS.be over the domain name registration that can not be brought under the alternative dispute resolution proceedings must be resolved through court proceedings, arbitration or other available proceedings. i) Defences. DNS.be will not participate in any dispute between the registrant and any party other than DNS.be over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. The registrant must not name DNS.be as a party or otherwise include it in any such proceedings. If DNS.be is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself. j) Domain name on hold. As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform DNS.be of the identity of the complainant and the domain name involved. DNS.be will put the domain name involved immediately "on hold", as stipulated in article 3 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g). k) Costs of dispute resolution. The dispute resolution fee is payable by the complainant. However, if the Third-party Decider concludes that the domain name registration needs to be cancelled or transferred, DNS.be shall repay the total of these costs to the complainant and reclaim the thus repaid costs from the registrant. Upon DNS.be's first request, the registrant shall reimburse the repaid amounts. The registrant will have no recourse against DNS.be, the Dispute Resolution Entity, the Third-party Decider or the complainant for the thus suffered financial loss. The potential financial loss for the registrant is the risk that the latter took for the speculative registration of domain names on which third parties have rights. The repayment provision specified in the previous paragraph does not apply to the appeal procedure of the dispute resolution proceedings. The costs of the appeal procedure are payable by the party that instituted this procedure. The costs mentioned in this article only refer to the administrative costs of the dispute resolution proceedings as stipulated in article 10 and do not include any costs or fees for legal advice of the parties. |

Arbitration costs
Bookstore
Contact
Home