No complaint may be filed against decisions made by Norid as the secretariat in complaint cases. The only permissible grounds for complaint are that the decision is in conflict with the domain name policy for. The respondent in complaints of this type is Norid. The time limit for complaints is 30 calendar days from the date on which notification of the decision was received by the applicant or domain name holder.
See Appendix I for details and for the complaint procedure. Norid can reverse or change the decision on its own initiative if the complaint is found to be justified. For domain names registered after 1 OctoberNorid may complain that a domain name has been registered in conflict with the declaration form. The Norwegian Post and Telecommunications Authority may complain that a domain name has been registered in conflict with the applicable administrative regulations [forskrift].
See Appendix J for details and for the complaint procedure. If a further one or more valid complaints relating to the same registration are received while the dispute resolution process is taking place, resolution of the complaint that has been received first is completed before the next case is initiated.
In the event of several complaints, the cases are initiated in the sequence in which they are received by the secretariat. A new case is initiated only if the respondent is still the same as when the complaint was filed.
Norid acts as the secretariat, receiving complaints and forwarding replies between the parties. Norid is obliged to implement the decisions of the ADR Committee.
The committee may also refuse the case if the prerequisites for consideration of the complaint do not exist. General provisions 1. The deadline is 3 years from the registration date. A change of holder counts as a deletion followed by a new registration. The date of the change becomes the new registration date for the domain, which is used to calculate the complaint deadline.
Complaints received after the deadline will be rejected. Some examples of relevant factors: The access to complain according to this clause is reserved for public bodies. The complainant must document that they have rights to a name or mark that is identical to or easily confused with the domain name. The ADR Committee may not make a different decision to the one claimed by the complainant.
The ADR Committee may refuse a case if it finds that the case is so complex or doubtful that it is not suitable for consideration and decision by the ADR Committee. The ADR Committee may not make a decision in conflict with the regulations in effect for the. The ADR Committee may not make a decision about compensatory damages or coverage of costs for the parties.
The decision does not impede any of the parties from subsequently submitting the dispute to the ordinary courts of law. An exception is made if the holder wishes to transfer the name to the complainant.
If the holder deletes the domain name while the complaint proceedings are in progress, Norid will block the domain name for registration until the complaint has been decided or concluded in any other way.
If the ADR Committee decides that the domain name is to be transferred to the complainant, Norid will implement the decision in accordance with the complaint procedure. If not, the hold on the domain name will be removed without further notice. Complaint procedure 2.
The same applies to any other correspondence to Norid or to the ADR Committee in connection with the complaint. Enclosures or other items that cannot be sent electronically are to be sent only as ordinary post.
All communication from Norid to the parties or their representatives shall take place by A priority post or fax or e-mail, cf 2. If one party wishes to change contact information while the complaint proceedings are in progress, Norid shall be informed about this immediately.
Norid will pass on the complaint cf Clause 2.
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If contact information for the holder specified by the complainant cf 2. All communication from Norid to one party shall be sent with a copy to the other party.
All communication shall be in Norwegian. E-mail shall be sent in pure text if possible. Unless otherwise set out in these rules or specifically decided by Norid or the ADR Committee, all communication shall be regarded as received: The complainant declares that he or she accepts the framework that the domain name policy with appendixes provides for the complaint procedure.
The complaint has not been submitted in bad faith, and the claim presented in the complaint is in accordance with the complaint regulations in effect and the applicable laws.
The complainant is aware that submitting the complaint entails blocking the disputed domain name for transfer while the complaint proceedings are in progress, and that the complainant is liable if this results in loss to the holder. When the complaint has been sent to Norid, the complainant must pay the complaint fee in accordance with Clause 2. If Norid does not receive the receipt for payment of the complaint fee within 10 working days after Norid has received the complaint, Norid will regard the complaint as withdrawn.
This does not impede the complainant from submitting a new complaint. If Norid finds that the complaint is not in accordance with the complaint regulations in effect, Norid shall immediately inform the complainant about the defects found in the complaint. If the complainant does not send a new corrected complaint within 3 working days after receiving such information, the complaint will be refused.
If the ADR Committee has found that the complainant has misused the opportunity to complain cf Clause 2.
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The response shall: The domain name has not been registered or used in bad faith. If the response submitted is not in accordance with the complaint regulations in effect, Norid shall immediately inform the holder about the defects found in the response.
If the holder does not send a new corrected response within 3 working days after receiving such information, it will be assumed that the response has not been received, and the parties will be informed that the complaint is to be sent to the ADR Committee. A copy of any valid response is sent to the complainant when the case is sent to the ADR Committee.
As soon as the case has been sent to the ADR Committee, Norid will inform the parties of this and of the date on which a decision is likely to be available in normal conditions.
Mediation will be conducted in the manner that the ADR Committee finds most practical. If the parties reach an agreement, the mediator informs Norid of this and the complains proceedings will be concluded without a formal decision. If the parties do not reach agreement through mediation within 10 working days, the ADR Committee will proceed to hear the case and to make a decision.
The mediator will not participate in the case hearing. At any time during the mediation period, each of the parties may inform the ADR Committee that he or she no longer wishes to continue the mediation.
The ADR Committee will then proceed to hear the case and to make a decision. The complaint case will be stayed in anticipation of a final and legally enforceable decision, and resumed only if no final judgement is given or no court settlement is reached, and only if the complainant requires this. The complaint proceedings will be concluded if no claim for resuming them is submitted within 5 working days after the case is closed by the courts.
Both parties have a duty to notify Norid without undue delay when the case is concluded in the courts. The complaint proceedings will be concluded without a decision if the parties reach agreement and inform Norid of this.
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