June 16, 2002
|Eligibility Reconsideration Policy - June 16, 2002 -65.88k (ERP-policy-2002-06-16.pdf)|
This Policy is incorporated in all applications for an Aviation Community Membership ID ("Application") and in agreements with registrants concerning .aero domain name registrations. It operates between (a) the Sponsor of the .aero domain TLD and (b) the applicant for an Aviation Community Membership ID or the holder of a .aero domain name registration, as the case may be. An Aviation Community Membership ID is a necessary prerequisite for registering or maintaining a .aero domain name registration. "You" and "your" refer to the applicant or the registrant, as the case may be. "Us" "our" and "we" refer to the Sponsor.
1. Purpose. This Eligibility Reconsideration Policy ("Policy") is incorporated by reference into your application for an Aviation Community Membership ID and into any registration agreement you may have for a .aero domain name. It sets out the terms and conditions in connection with any challenge you may wish to make in relation to a decision by us:
(a) that you do not or that you no longer meet the .aero eligibility requirements as described in the .aero Domain Management Policy ("Eligibility Requirements"); or
(b) if you are the holder of a .aero domain name, to revoke your domain name licence ("Decision").
The proceedings initiated by your challenge to our Decision will be conducted according to the Rules for Eligibility Reconsideration Policy ("ERP Rules"), and the selected administrative dispute resolution service provider's supplemental rules.
2. Your representations. By applying to obtain an Aviation Community Membership ID, applying to register a domain name, or by applying to renew a registered domain name, you represent and warrant to us that (a) the statements made in your Application are complete and accurate; (b) you meet the Eligibility Requirements; and (c) the domain name and your use of the domain name complies with the .aero Domain Management Policy.
3. Mandatory administrative proceeding. You are required to initiate a mandatory administrative proceeding in the event that you wish to challenge our Decision ("Request for Reconsideration"). These proceedings, which will take the form of a reconsideration of our Decision, will be conducted before a provider that has been appointed as a provider of dispute resolution services under this Policy ("Provider"). A list of Providers is available at registration policies.
(a) Selection of Provider. You shall select the Provider from those on the list of Providers available at registration policies by submitting the Request for Reconsideration to that Provider. The selected Provider will administer the proceeding.
(b) Initiation of proceeding and process and appointment of the Panel. The ERP Rules state the process for initiating and conducting a proceeding and for appointing the panel that will hear and determine the Request for Reconsideration ("Panel").
(c) Fees. All fees charged by a Provider in connection with the Request for Reconsideration by a Panel shall be paid in accordance with the ERP Rules and the selected Provider's supplemental rules.
(d) How to demonstrate that you meet the Eligibility Requirements or that your domain name complies with the .aero Domain Management Policy. You should refer to the ERP Rules in determining how your Request for Reconsideration should be prepared.
(e) Our involvement in the administrative proceedings. We may, but we are not required to, participate in the administration or conduct of any proceeding before a Panel. We agree to be bound by the decision rendered by the Panel whether or not we participate.
(f) Remedy. The remedy available to you pursuant to any proceeding before a Panel shall be limited to the issue, or the retention, of an Aviation Community Membership ID; or the acceptance by us that the domain name complies with the .aero Domain Management Policy.
(g) Notification and publication. The Provider shall notify us of any decision made by a Panel with respect to your Request for Reconsideration. All decisions under this Policy will be published in full over the Internet, except when a Panel determines in an exceptional case to redact portions of its decision.
5.Stay. If we notify you of our Decision, then we will not cancel any domain name you were holding on the basis of the contested Aviation Community Membership ID or is otherwise affected by our decision:
(a) for 30 days from the date of our Decision; and
(b) if you submit a Request for Reconsideration within the time limit referred to in paragraph 5(a), then until the Provider notifies us of the decision made by the Panel.
6. Policy modifications. We may modify this Policy at any time. We will post our revised Policy here at least 10 days before it becomes effective. Unless this Policy has already been invoked by the submission of a Request for Reconsideration to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the Request for Reconsideration is heard, all such changes will be binding upon you with respect to any Request for Reconsideration you may wish to submit subsequently. If you object to a change in this Policy, your sole remedy is to cancel your .aero domain name, provided that you will not be entitled to a refund of any fees you paid. The revised Policy will apply to you until you cancel or fail to renew your .aero domain name.