Nameway® supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Nameway® is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

1. Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes.

Trademark Claims

1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, Nameway® requests that the Complaining Party substantiate such claim by providing Nameway® with the following information via email to us. The words “Trademark Claims” should appear in the subject line. The Complaining Party should understand that Nameway®, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supercede the UDRP, nor the obligation of Nameway® and its customers to abide by it in the context of domain name disputes.

To be considered effective, a notification of a claimed trademark violation must be provided via email to Nameway® and must include the following information:

A. Sufficient evidence that the party posting the trademark that is claimed to be infringing is a Nameway® customer.

B. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed.

C. The name, post office address and telephone number of the owner of the mark identified above.

D. The goods and/or services covered by or offered under the mark identified in B above.

E. The date of first use of the mark identified above.

F. The date of first use in interstate commerce of the mark identified above.

G. The mark the Complaining Party believes is an infringement of its mark.

H. The goods and/ or services covered by or offered under the mark claimed to be infringing.

I. The precise location of the mark that is claimed to be infringing, including electronic mail address, etc.

J. A good faith certification, signed under penalty of perjury, stating:

a. The mark [identify mark] infringes the rights of another party,

b. The name of such said party,

c. The mark [identify mark] being infringed, and

d. That use of the mark [identify mark] claimed to be infringing at issue is not defensible.

7. Upon receipt of the appropriate information identified in Section 6 above, for trademark claims, Nameway® will initiate an investigation. While Nameway® is investigating the claim, Nameway®, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party’s DNS, and/or if it is solely stored on a Nameway® server, temporarily remove or deny access to the challenged material.

8. If Nameway® concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Nameway® account and/or if it is solely stored on a Nameway® server, deny access to the challenged material. If Nameway® concludes that Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Nameway® will restore access to the challenged material.

9. Notification to Nameway® customers and account holders. It is Nameway®'s policy to provide for the termination, in appropriate circumstances, of Nameway® customers and account holders who are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Nameway® requests that the Complaining Party) substantiate such claim by providing Nameway® with the following information via email to us. The words “Copyright Claim” should appear in the subject line.

To be considered effective, a notification of a claimed copyright infringement must be provided via email to Nameway® and must include the following information:

A. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nameway® to locate the material.

D. Information reasonably sufficient to permit Nameway® to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.

E. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate email notification from the Complaining Party, pursuant to Section 1 above, Nameway® will remove or disable access to the material that is claimed to be infringing.

3. If the Complaining Party provides Nameway® with appropriate email notification, pursuant to Section 1 above, including information reasonably sufficient to permit Nameway® to locate and remove or disable the material in question or includes information concerning repeat infringement, then Nameway® will forward the Complaining Party's written notification to such alleged infringer (the “Infringer") and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

4. Counter Notification. An Infringer may provide Counter Notification by providing an email communication to us that includes substantially the following:

A. An electronic signature of the Infringer.

B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

C. A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

D. The Infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial state of Victoria, Australia, or if the Infringer’s address is outside of Australia, for any judicial district in which Nameway®, may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

5. Upon receipt of a Counter Notification as described in Section 4, Nameway® shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. Nameway® will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Nameway® first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Nameway®'s system or network.