RULES FOR UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Effective from 1^st January 2009 

1. Definitions

i.      “Complainant” means the party initiating a complaint concerning a domain-name registration.

ii.     “tzNIC”  refers to the Tanzania Network Information Center

iii.    “PAC” refers to the Policy Advisory Committee of tzNIC

iv.    “ICANN” refers  to the Internet Corporation for Assigned Names and Numbers

v.  “Panel” means a Mediation panel appointed by tzNIC to decide a complaint concerning a domain-name registration.

vi.    “Panelist” means an individual appointed by tzNIC to be a member of the Mediation Panel.

vii.   “Party” means a Complainant or a Respondent.

viii.  “Policy” means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.

ix.    “Registrar” means the entity with which the Respondent has registered a domain name that is the subject of a complaint.

x.     “Registration Agreement” means the agreement between a Registrar and a domain-name holder.

xi.    “Respondent” means the holder of a domain-name registration against which a complaint is initiated.

xii.   “Reverse Domain Name Hijacking” means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.

xiii.  “Supplemental Rules” means the rules adopted by PAC as a proceeding to supplement these Rules.  

(a) When forwarding a complaint to the Respondent, it shall be tzNIC’s responsibility to employ reasonably available means calculated to achieve actual notice to Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility: 

(i) sending the complaint to all postal-mail and facsimile addresses (A) shown in the domain name's registration data in tzNIC  Whois database for the registered domain-name holder, the technical contact, and the administrative contact and (B) supplied by Registrar to the tzNIC  for the registration's billing contact; and 

(ii) sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to: (A) the e-mail addresses for those technical, administrative, and billing contacts; (B) postmaster@; and

(iii) sending the complaint to any address the Respondent has notified the PAC it prefers and, to the extent practicable, to all other addresses provided to the PAC by Complainant under Section 3(b)(v). 

(b) Except as provided in Section 2(a), any written communication to Complainant or Respondent provided for under these Rules shall be made by the preferred means stated by the Complainant or Respondent, respectively (see Sections 3(b)(iii) and 5(b)(iii)), or in the absence of such specification 

(i) by telecopy or facsimile transmission, with a confirmation of transmission; or 

(ii) by postal or courier service, postage pre-paid and return receipt requested; or 

(iii) electronically via the Internet, provided a record of its transmission is available. 

(c) Any communication to the tzNIC or the Panel shall be made by the means and in the manner (including number of copies) stated in these rules. 

(d) Communications shall be made in the language prescribed in Section 11. E-mail communications should, if practicable, be sent in plaintext. 

(e) Either Party may update its contact details by notifying the tzNIC secretariat and the Registrar. 

(f) Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made: 

(i) if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or 

(ii) if by postal or courier service, on the date marked on the receipt; or 

(iii) if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable. 

(g) Except as otherwise provided in these Rules, all time periods calculated under these Rules to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Section 2(f). 

(h) Any communication by 

(i) a Panel to any Party shall be copied to the PAC and to the other Party; 

(ii) PAC  to any Party shall be copied to the other Party; and 

(iii) a Party shall be copied to the other Party, the Panel and the PAC, as the case may be. 

(i) It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes. 

(j) In the event a Party sending a communication receives notification of non-delivery of the communication, the Party shall promptly notify the Panel (or, if no Panel is yet appointed, the PAC) of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Panel (or the PAC). 

 (a) Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with the Policy and these Rules to PAC.  The Complaint should be addressed to: PAC , Tanzania Network Information CenterNew Bagamoyo Road, LAPF Millennium Towers Ground Floor – Office #4, PO Box 34543, Dar Es SalaamTanzania; E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; FAX:   +255 22 2772660; TEL:   +255 22 2772659 Or any other address that may be published on the tzNIC website from time to time. 

(b) The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall: 

(i) Request that the complaint be submitted for decision in accordance with the Policy and these Rules; 

(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Complainant and of any representative authorized to act for the Complainant in the administrative proceeding; 

(iii) Specify a preferred method for communications directed to the Complainant in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy; 

(iv) Designate whether Complainant elects to have the dispute decided by a single-member or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from approved panelists as published in the tzNIC Website) 

(v) Provide the name of the Respondent (domain-name holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Complainant regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings, in sufficient detail to allow the PAC to send the complaint as described in Section 2(a); 

(vi) Specify the domain name(s) that is/are the subject of the complaint; 

(vii) Identify the Registrar(s) with whom the domain name(s) is/are registered at the time the complaint is filed; 

(viii) Specify the trademark(s) or service mark(s) on which the complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used (Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future.); 

(ix) Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular, (1) the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and (2) why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and (3) why the domain name(s) should be considered as having been registered and being used in bad faith (The description should, for elements (2) and (3), discuss any aspects of Sections 4(b) and 4(c) of the Policy that are applicable.  

(x) Specify, in accordance with the Policy, the remedies sought; 

(xi) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint; 

(xii) State that a copy of the complaint has  been sent or transmitted to the Respondent (domain-name holder), in accordance with Section 2(b); 

(xiii) State that Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the court having jurisdiction on that matter; 

(xiv) Conclude with the following statement followed by the signature of the Complainant or its authorized representative: "Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) tzNIC and dispute resolution panelists (b) the registrar, as well as their directors, officers, employees, and agents." "Complainant certifies that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and 

(xv) Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute and any trademark or service mark registration upon which the complaint relies, together with a schedule indexing such evidence. 

(c) The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder. 

 (a) The tzNIC Policy Advisory Committee (PAC) shall review the complaint for administrative compliance with the Policy and these Rules and, if in compliance, shall forward the complaint  to the Respondent, in the manner prescribed by Section 2(a), within five (5) working days following receipt of the fees to be paid by the Complainant in accordance with Section 19. 

(b) If the PAC finds the complaint to be administratively deficient, it shall promptly notify the Complainant and the Respondent of the nature of the deficiencies identified. The Complainant shall have five (5) working days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by Complainant. 

(c) The date of commencement of the administrative proceeding shall be the date on which the PAC completes its responsibilities under Section 2(a) in connection with forwarding the Complaint to the Respondent. 

(d) The PAC shall immediately notify the Complainant, the Respondent, the concerned Registrar(s) of the date of commencement of the administrative proceeding. 

(a) Within twenty (20) days of the date of commencement of the administrative proceeding the Respondent shall submit a response to the PAC. 

(b) The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall: 

(i) Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain-name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any word or page limit set forth in the Supplemental Rules.); 

(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Respondent (domain-name holder) and of any representative authorized to act for the Respondent in the administrative proceeding; 

(iii) Specify a preferred method for communications directed to the Respondent in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy; (iv) If Complainant has elected a single-member panel in the Complaint (see Section 3(b)

(iv)), state whether Respondent elects instead to have the dispute decided by a three-member panel; 

(v) If either Complainant or Respondent elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists  

(vi) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint; 

(vii) State that a copy of the response has been sent or transmitted to the Complainant, in accordance with Section 2(b); and 

(viii) Conclude with the following statement followed by the signature of the Respondent or its authorized representative: "Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and 

(ix) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents. 

(c) If Complainant has elected to have the dispute decided by a single-member Panel and Respondent elects a three-member Panel, Respondent shall be required to pay one-half of the applicable fee for a three-member Panel as set forth in these rules. This payment shall be made together with the submission of the response to the PAC. In the event that the required payment is not made, the dispute shall be decided by a single-member Panel. 

(d) At the request of the Respondent, the PAC may, in exceptional cases, extend the period of time for the filing of the response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the PAC. 

(e) If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint. 

(a)  PAC under due process and its sole discretion shall elect qualified individuals to act as panelists. tzNIC shall maintain and publish a publicly available list of panelists and their qualifications. 

(b) If neither the Complainant nor the Respondent has elected a three-member Panel (Sections 3(b)(iv) and 5(b)(iv)), the PAC shall appoint, within five (5) working days following receipt of the response by the PAC, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single-member Panel shall be paid entirely by the Complainant. 

(c) If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the PAC shall appoint three Panelists in accordance with the procedures identified in Section 6(e). The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties. 

(d) Unless it has already elected a three-member Panel, the Complainant shall submit to the PAC, within five (5) working days of communication of a response in which the Respondent elects a three-member Panel, the names and contact details of three candidates to serve as one of the Panelists. These candidates may be drawn from published panelists as elaborated in article 6.a 

(e) In the event that either the Complainant or the Respondent elects a three-member Panel, the PAC shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the PAC is unable within five (5) working days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the PAC shall make that appointment from its list of panelists. The third Panelist shall be appointed by the PAC from a list of five candidates submitted by the PAC to the Parties, the PAC's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the PAC within five (5) working days of the PAC's submission of the five-candidate list to the Parties. 

(f) Once the entire Panel is appointed, the PAC shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the PAC. 

(a) The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules. 

(b) In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case. 

(c) The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel. 

(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence. 

(e) A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules. 

(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. 

(b) The Panel may order that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding. 

(a) In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by these Rules or the Panel, the Panel shall proceed to a decision on the complaint. 

(b) If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate. 

(a) A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable. 

(b) In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the PAC within fourteen (14) days of its appointment pursuant to Section 6. 

(c) In the case of a three-member Panel, the Panel's decision shall be made by a majority. 

(d) The Panel's decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s). 

(e) Panel decisions and dissenting opinions shall normally comply with the guidelines as to length set forth in the PAC's Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If the Panel concludes that the dispute is not within the scope of Section 4(a) of the Policy, it shall so state. If after considering the submissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking or was brought primarily to harass the domain-name holder, the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding. 

(a) Within three (3) working days after receiving the decision from the Panel, the PAC shall communicate the full text of the decision to each Party and the concerned Registrar(s). The concerned Registrar(s) shall immediately communicate to each Party and the PAC,  the date for the implementation of the decision in accordance with the Policy. 

(b) Except if the Panel determines otherwise (see Section 4(j) of the Policy), the PAC shall publish the full decision and the date of its implementation on a publicly accessible web site. In any event, the portion of any decision determining a complaint to have been brought in bad faith (see Section 15(e) of these Rules) shall be published. 

(a) If, before the Panel's decision, the Parties agree on a settlement, the Panel shall terminate the administrative proceeding. 

(b) If, before the Panel's decision is made, it becomes unnecessary or impossible to continue the administrative proceeding for any reason, the Panel shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel. 

(a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision. 

(b) In the event that a Party initiates any legal proceedings during the pendency of an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, it shall promptly notify the Panel and the PAC. See Section 8 above. 

(a). The Complainant shall pay to tzNIC  the prescribed fee(see section 19(c),  within the time and in the amount required. All check's/drafts towards the tzNIC shall be drawn in favor of 'TANZANIA NETWORK INFORMATION CENTRE'.  A Respondent electing under Section 5(b)(iv) to have the dispute decided by a three-member Panel, rather than the single-member Panel elected by the Complainant, shall pay the tzNIC  one-half the fixed fee for a three-member Panel. See Section 5(c). In all other cases, the Complainant shall bear all of the tzNIC 's fees, except as prescribed under Section 19(d). Upon appointment of the Panel, the tzNIC shall refund the appropriate portion, if any, of the initial fee to the Complainant, as specified in article 19. 

(b).No action shall be taken by the tzNIC or PAC  on a Complaint until it has received from Complainant the prescribed fee. If the fees have not been received within 10 working days of receiving the complaint, the complaint shall be deemed withdrawn and administrative proceeding terminated.

(c). The fees shall be payable as per the schedule given below.

• Administration Fee                      Tshs 100,000.00
• Panel Fees per member              Tshs  500,000.00

(d). In case the arbitration proceedings are deemed to be withdrawn as stipulated under Section 19(b)  above, the  Administration Fee shall be forfeited by tzNIC. 

(e). No interest whatsoever shall be payable by the tzNIC  in respect to any money deposited with it in accordance with this policy.