.MX Domain Name
General Policies
- .MX Domain Name General Policies
- Dispute Resolution
- Contend Resolve Regulation
- Reserved .MX Domain Names
- Privacy Notice
-
.MX Domain Name General Policies
The domain name registration under the ccTLD .MX, is delegated to the Instituto Tecnologico y de Estudios Superiores de Monterrey, Campus Monterrey (“ITESM”) by IANA (Internet Assigned Numbers Authority) function currently performed by the ICANN (Internet Corporation for Assigned Names and Numbers), in accordance to the principles contained in RFC 1591 and is managed by Network Information Center, S.A. de C.V. (“Registry .MX”). This relationship, between the ITESM and the Registry .MX, was established in November 2003 to carry out the tasks related to the administration and registration of domain names under the ccTLD .MX.
Â
1. Definitions.1.1 AuthorityAny person coated of power, faculties and/or sufficient jurisdiction to exercise the role of command, aimed at achieving compliance with issues related to these policies, procedures and its modifications or replacements, as well as any group of experts, arbitrator, organism or arbitration panel before whom the parties have submitted in response to the policies and the procedures described here.
1.2 ccTLDAcronyms used to designate the top-level domain names, known as country codes (Country-Code Top-Level Domains). These acronyms refer to the classification in the Domain Name System, represented by a suffix of two-letter codes assigned according to the ISO3166-1 standard codes for the representation of countries names or territories.
1.3 ContactsObjects created to facilitate the administration of a Domain Name. There are four types of contact for each Domain Name: registrant, administrative, technical and billing.
1.4 DaysThe terms and periods set out in days should be construed as calendar days, unless they are specified as business days.
1.5 DNSAcronyms used to refer to the Domain Name System (Domain Names System) and/or Domain Name Server in an indistinctively manner. The Domain Name System is a distributed computer system that provides for all the Internet correspondences (resolutions) between domain names and IP addresses. The Domain Name Server refers to the computer equipment as part of the Domain Name System and that hosts the information and processes for establishing correspondences (resolutions) between names and IP addresses.
1.6 Authorization InformationKey of a domain name necessary for a transfer process.
1.7 Domain NameRepresents a common identifier to a group of computers or devices connected to the network. They are a simple form of an Internet address designed to allow users to easily locate a site on the Internet. For purposes of this, it will only refer to the Domain Names under the ccTLD .MX
1.8 Base PoliciesThe Domain Names General Policies, the Dispute Resolution Policy for .MX domain names (LDRP) and the Regulation of the Dispute Resolution Policy for .MX Domain Names, published in the Registry .MX website (www.registry.mx).
1.9 RegistrantContact associated to a Domain Name. The Registrant contact is the holder and responsible of the Domain Name. It is recommended to be the end user (individual or a corporation) of the Domain Name.
1.10 RegistrarIndividual or a corporation, accredited to distribute and provide administration services of Domain Names.
1.11 WHOISSystem database used for the search of domain names and their primary data, which can be accessed publicly through the Registry .MX page (www.registry.mx). Useful tool to check and verify the ownership of a Domain Name.
1.12 Reserved .MX Domain NamesAre the Domain Names that would not be possible to register and which are listed on the Reserved .MX Domain Names published in the Registry .MX website (www.registry.mx).
The terms defined in this section may be used in these Policies both in singular as plural.
All the headings used in these Policies are used exclusively to facilitate its readability, but will not be taken into account in interpreting them.
2. General Provisions.The petitioner, the Registrant and the Contacts of a Domain Name manifest that they know and accept the Base Policies, procedures, regulations and annexes related to the Domain Name service, including its registration, modification, suspension, cancellation, transfer and disputes.
The Registry .MX is simply managing the .MX classification on the Internet, and therefore, any consequences resulting from the registration and/or use of the Domain Names that constitute or may constitute violations to the applicable law, it is sole responsibility of the Registrant of the Domain Name.
Any change or update to these Policies will be published with a notice of at least 15 (fifteen) days immediately preceding the date of its entry into force, on the Registry .MX website (www.registry.mx), so that the Registrar, the Registrant and/or the Contacts could manifest what suits their interest. Once the date has elapsed, the Registrar, the Registrant and the Contacts of the Domain Name will be bound under these new policies, without requiring that the Registry. MX perform any other publication or notice.
These Policies may be modified or replaced by listening to the comments and opinions submitted by the External Advisory Committee, being in force in at least 15 (fifteen) days after publication of the proposed changes in the Registry .MX website (www.registry.mx), subject to the Registrar, the Registrant and/or the Contacts manifest what suits their interests. Once the date has elapsed, the Registrar, the Registrant and the Contacts of the Domain Name will be bound under these new policies, without requiring that the Registry. MX perform any other publication or notice.
All the communication will be in Spanish; however the Registry. MX can reply to messages originally written in a language other than Spanish if deemed necessary.
The Registry .MX can register, modify, renew, delete, transfer and/or suspend a Domain Name by a resolution issued by any Authority. Also, the Registry .MX reserves the right to deny the registration to one or more domain names included on the list of Reserved .MX Domain Names, which are published on the Registry .MX website (www.registry.mx).
3. Basic Domain Names Operations.In the Registry .MX, the Registrars can perform the following basic operations of Domain Names:
- Registration.
- Modification.
- Renewal.
- Deletion.
- Transfer.
- Restoration.
The Registrar of a Domain Name is the only one authorized to perform any of the above operations before the Registry .MX, as long as the status of the Domain Name allows it. If the Registrant and/or the Contacts of a Domain Name wish to make any of these operations, they must request this service through the Registrar, who will provide the service to the Registrant and/or the Contacts of the Domain Names they manage.
By the foregoing, the Registrar in order to carry out these basic operations he will ensure that he has the authorization of the Registrant, whenever necessary.
The Registrar, the Registrant and the Contacts accept and acknowledge that it is their obligation to maintain their information and the information of the Domain Names to which they relate, updated in the Registry .MX database.
The following describes each of the basic operations of the Domain Name:
3.1 From the registration of Domain Names.By accepting that the Registry .MX makes an application to register a Domain Name it recognizes the right of the holder (Registrant) to its use and enjoyment of a Domain Name during the period of the paid coverage, without that by the above it understands the transfer and/or the transfer of the ownership rights. The maximum coverage of the Domain Names is published on the Registry .MX website (www.registry.mx)
It is an indispensable requirement to provide the data that the Registry .MX requires from a Registrant and of the three contacts (administrative, technical and billing) to request a Domain Name. Some Domain Name classifications may have additional requirements for its registration, in accordance with the provisions in Annex A.
The Registry .MX will only accept registration applications under the classifications set out in Annex A. The classifications of the Domain Names may increase, change or decrease, subject to notice from the Registry .MX and through its website.
3.2 From the modification of the Domain Name.The Domain Name Modifications can be any change or update to the data of a Domain Name.
The modifications that can be done to the Domain Name are:
- Registrant Change.
- Contacts Change:
Administrative, Technical, and/or Billing. - Add, delete or modify Name Servers (DNS).
- Statuses that can be changed by the Registrar.
- Authorization Information.
- Modification on the Contact's information and the Registrant's.
Under no circumstances the Domain Name can be changed.
3.3 From the renewal of the Domain Name.It is understood by renewal of a Domain Name to the extension of the use of it by one or more years of coverage. The maximum period for renewal of Domain Names are posted on the website of the Registry .MX (www.registry.mx).
3.4 From the deletion of the Domain Name.By deletion it is understood the disablement of the Domain Name to be resolved by the DNS. The deletion of the Domain Name can be automatic or manual.
The deletion of the Domain Name is automatic when its coverage concludes and the Registrar fails to make the payment for renewal, always that the status of the Domain Name allows it; encountering the Domain Name available for it to be registered by a third party.
The deletion of the Domain Name is manual when the Registrar deletes it through the system within the period of coverage, always that the status of the Domain Name allows it. A domain name deleted manually enters in a Pending Delete period for a period of 30 (treinta) days. When the period of Pending Delete ends, the Domain Name is available for it to be registered by a third party.
3.5 From the transfer of the Domain Name.By transfer of a Domain Name it is understood to change the administration of a Domain Name from one Registrar to another.
It is necessary to provide to the Registry .MX the authorization information of the Domain Name in order to initiate the transfer request of the Domain Name mentioned. Likewise, the petitioner, the Registrant and the Contacts acknowledge and agree that by completing the transfer of the Domain Name, the Domain Name will be automatically renewed for one more year of coverage, or the remaining term in order to achieve the maximum coverage of a Domain Name, as the case may be; in no case the granted period for the automatic renewal could exceed a year.
3.6 From the Restoration of the Domain Name.By restoration of the Domain Name it is understood the recovery made by the Registrar of the Domain Name that is in the Pending Delete period.
The Registrar, the Registrant and the Contacts acknowledge and agree that by carrying out the restoration of the Domain Name the current fee must be paid for that concept, and in case that the Domain Name has passed the expiration date of coverage this will automatically be renewed for one more year, or the remaining term to achieve the maximum coverage.
4. Suspension and Deletion of the Domain Name by the Registry .MX.The Registry .MX may suspend and/or delete a Domain Name when:
Â- The Domain Name is not paid by the Registrar.
- Upon an authority request
- The Registry .MX needs to establish communication with the Registrar related to a Domain Name, and this does not respond to the communications from the Registry .MX within the required period of time. In such case the Domain Name may be suspended and/or deleted.
- The Registrant information and/or the Contacts information, and/or the Domain Name information is not updated or is false.
- The Registrant and/or the Contacts of the Domain Name does not comply with the Base Policies.
5. Dispute and Complaint of a Domain Name.The Registrar will be the responsible to transact and give solution to the problems that may arise in relation to the Domain Names that it manages.
It is said that there is a Domain Name dispute when a third party believes to have a better right over the ownership of a Domain Name than the current holder. There are two types of Domain Names Disputes:
Â
Ownership Dispute.- This will be carried out when a person considers that it bears the ownership of a Domain Name and has evidence of such, as long as it is not related to intellectual property themes.
- The ownership disputes should be carried out with the Registrar that manages the Domain Name.
- By carrying out this procedure, the Registrar will keep blocked the Domain Name so that it cannot be modified or transferred, during the procedure duration.
Â
Intellectual Property Dispute.
- For the resolution of any dispute derived of any violation to intellectual property rights (trademark of products or services, advertisements registered, designations of origin, reservation of rights) will be applied the Dispute Resolution Policy for .MX domain names (LDRP) and the corresponding Regulation.
- The designated providers for resolution of this type of dispute are on the Registry .MX website (www.registry.mx).
- By carrying out this procedure, the Registrar will keep blocked the Domain Name so that it cannot be modified or transferred, during the procedure duration.
- The Registry, the Registrar, the Registrant and the Contacts of the disputed Domain Names should abide the decision of the panel that resolves the dispute.
Â
Notwithstanding the foregoing, the Registrant, the Contacts, the Registrar and/or any third party could interject a complaint before the Registry .MX as long as he consider it necessary, in relation to the Domain Name.
Annex A - Domain Names Classifications.net.mxReserved for:
- Internet Services Provider;
- Provider of value-added services;
- Provider of wireless network services;
- Provider of services of data transmission;
- Provider of special telecommunications services
NOTE: Any other organization not included in the previous list may not be registered under this category.
- Copy of the registration of the Federal Telecommunications Institute (Federal Communications Comission) as a provider of services mentioned above.
- A letter including letterhead requesting the Domain Name. It is important to mention the information of the services they offer. The letter must be signed by the attorney or the legal representative.
- Copy of an official identification of the person who signs the letter.
The Domain Name requested must be related, under judgement of the Registry .MX, with the name of the organization (name registered in the Federal Telecommunications Institute, previously known as Federal Communications Comission).
.org.mxReserved for:
- Legally constituted non-profit organizations in Mexico;
- Civil societies and associations legally established in Mexico;
- Individuals established in Mexico, that accredit the use of the Domain Name for non-profit;
- International Non-profit Organizations established in Mexico;
- Nongovernmental organizations incorporated in Mexico;
- Embassies and consulates of foreign countries established in the Mexican national territory;
- Political parties and political associations;
- Religious associations;
- Institutions dedicated to the education of persons with disabilities;
- Private charity institutions;
- Private Trusts.
NOTE: Any other organization not included in the previous list may not be registered under this category.
Requirements
Registry .MX can request to the Domian Name Holder, any documentation it deems necssary in order to verify the full compliance of our Policies.
In case Registry .MX requests any form of documentation to a legal entity, they will have to comply by submitting said documentation that proves their status as listed above, and in case of legal people, they will have to submit a letter stating that the activities they perform are primarily non profit.
The submission of the documents must be done by email at ayuda@registry.mx within a 10 (ten) day period of time.
.edu.mxReserved for:
- Education Institutions that have a registration before the SEP or are incorporated to any University recognized by the Mexican State;
- Job Training Schools or Technical Education accredited by a competent office of the Mexican Government;
- Institutions for preschool education that have a registration before the SEP or are incorporated to any University recognized by the Mexican State;
- Institutions dedicated to the research and that has the registration before the CONACYT.
NOTE: Any other organization not included in the previous list may not be registered under this category.
Requirements
- Have a Work Center Code.
- Meet the criteria for domain name selection.
- Official Identification of the applicant.
The Domain Name requested must be related, under NIC MEXICO's judgement, with the name of the organization (name registered before the corresponding official institution of education).
NOTE:Â The Registrant of the Domain Name will be the only one authorized to make modifications to it.
.gob.mxReserved for:
- Federal Government, State and Municipal, Secretaries and Dependencies, Government Programs, Centralized Organisms, decentralized, deconcentrated, autonomous and parastatal Organisms of the Public Administration of the Mexican Government;
- State Enterprises and parastatals of the Mexican Government;
- Embassies of Mexico;
- Public Trusts.
NOTE: Any other organization not included in the previous list may not be registered under this category.
Requirements
- Official naming of the applicant
- Official Identification of the applicant.
NOTE:Â The Registrant of the Domain Name will be the only one authorized to make modifications to it.
.com.mxReserved for:
Any individual or corporation that requests it.
Requirements
None
.mxReserved for:
Any individual or corporation that requests it.
Requirements
None
Â
The Classifications with documentation requirements will be reviewed and authorized by the Registry .MX. The documentation must be sent through an Accredited Registrar.
Â
The English version of this document has no legal value, it is provided solely as a means to facilitate the reading and understanding of the Spanish version, it is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall in all cases apply.ÂLast updated: 05/26/2020
-
Dispute Resolution Policy on .MX Domain Names (LDRP)
1. Dispute resolution procedure.a. Applicable Disputes.All the prople who consider affected its rights (promoter) and that wish to ask for the cancellation of the registration or transfer of the ownership of a .MX domain name, agree to submit to the dispute resolution policy on domain names .MX (LDRP) and the respective regulation, before a service provider of dispute resolution authorized by the Registry .MX, made by an independent and impartial group of experts, in the following cases:
- the domain name is identical or confusingly similar in respect of a trademark or registered service, registered trade announcement, appellation of origin or reservation of rights on which the petitioner has rights; if and when the holder has developed a pattern of such conduct, or
- the registrant has no rights or legitimate interests in the domain name; and
- the domain name has been registered or used in bad faith.
b. Evidence of registration or use in bad faith.The following circumstances, among others, will be evidence of registration or use in bad faith of a domain name:
- Circumstances that indicate that it has been registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the petitioner who is the owner of the trademark or registered service, announcement commercial registered, appellation of origin or reservation of rights, or the competitor of the petitioner, for a value that exceeds the documented costs that are directly related to the domain name; or
- has registered the domain name in order to prevent the owner of the trademark or registered services, registered trade announcement, appellation of origin or reservation of rights reflects its name in a corresponding domain name, if and when the holder has developed a pattern of such conduct; or
- has registered the domain name primarily for the purpose of disrupting the business of a competitor; or
- has used the domain name intentionally to attract for commercial gain, Internet users to a website or any other site online, creating the possibility of confusion with the name of the petitioner in as to the source, sponsorship, affiliation or endorsement of a website or online site or a product or service or any legally protected by copyright notice appearing on the Web site or the site online.
c. Rights and legitimate interests.It will demonstrate rights and legitimate interests over the domain name when any of the circumstances enunciative but not limited are presented, as follows:
- before any notice of dispute, the domain name has been used, or have made demonstrable preparations to use, or a name corresponding to the domain name in connection with a bona fide offering of goods or services, or legally protected by a reservation of rights;
- the holder (as an individual, company or any other organization) has been commonly known by the domain name, even when it has now acquired the trademark or service mark of registered trade announcement, apellation of origin or reserved rights; or
- there is a legitimate and fair, non-commercial domain name, without intent to divert customers misleadingly or by tarnishing the reputation of ht trademark or registered service, registered trade announcement, appellation of origin or reservation of rights concerned with profit.
d. Initiation of the procedure.The requirements for the initiation and the LDRP procedure policy, as for the selection of an administrative group of experts, which are set out in the Rules of procedure for resolving disputes concerning the abusive registration of .MX domain names (the "Rules") and the Provider's Supplemental Rules, where appropiate. The petitioner shall select the provider from among those authorized by the Registry .MX, transmitting the promoter the dispute resolution of domain names directly to the supplier.
e. Transfer of ownership during a dispute.The owner may not transfer the ownership of the domain name during a procedure for resolving disputes concerning .MX domain names (LDRP) pending, initiated in accordance with this policy, the Registry. MX reserves the right to cancel any transfer of ownership of a domain name that infringes the provisions of this paragraph.
f. Taxes and fees.All taxes and fees in connection with any dispute before an administrative group of experts should be paid as established by each supplier.
g. Effects.The effects available to the petitioner pursuant to any procedure before an administrative group of experts should be limited to:
- request the cancellation of the domain name registration; or
- request the transmission to the promoter of the domain name ownership.
h. Resolutions.The owner of a .MX domain name, and the promoter agree to abide the decisions of any group of experts, expressly indicated in the Registry .MX as service provider of .MX domain name dispute resolution, and implementation that makes the Registry .MX by the decision dictated by the group of experts.
i. Participation of the Registry .MX in the resolution of disputes.The owner and the promoter accept and know that the Registry .MX does not participate nor will participate in the administration or conduct of any procedure before a group of experts. In addition, the owner and the petitioner agree and know that the Registry .MX is not responsible for any decision rendered by the administrative panel if not acting in according with their authority, or consequences of their application.
j. Notification and publication.The provider will notify in spanish language to the Registry .MX any resolution adopted by a group of experts for a domain name. All the decisions adopted under this policy applicable to disputes, will be posted on the Registry .MX website: http://www.registry.mx, except when the group of experts determine, using its sole discretion, that a resolution should not be published.
j. Notice.The petitioner should immediately notify (postal address of the Registry .MX and to the email: legal@nic.mx) the Registry .MX of any process, initiated in regards a .MX domain name.
2. Policy Modifications.- Any changes or updates to the Policies to register a domain name will be published with a notice of 15 days immediately after the date of its entry into force, in the Registry .MX website: http://www.registry.mx, so that the owner reveal what would suit their interest. Once the previous deadline passes, the domain name holder will be bound under these new policies, without requiring the Registry .MX to perform any other publication or notice.
- Unless it has been submitted an application for a dispute resolution prior to the entry into force of the new(s) version(s) of this Policy, in which case the version of the Policy would be forced at the time of filing the application for a settlement of a dispute, the new(s) version(s) of the Policy will link the holder of the domain name in any dispute over .MX domain name registrations, regardless of whether the events of the dispute has arisen prior to the date of entry into force of change on that date or thereafter.
ANEXO ADispute resolution service provider.
The Registry .MX states that they are authorized as dispute resolution services providers:
- Mediation and Arbitration Center of the World Intellectual Property
- Website (http://arbiter.wipo.int/domains/index-es.html).
- Fees (http://arbiter.wipo.int/domains/fees/index-es.html).
It is the intention of the Registry .MX to select other dispute resolution service providers in the future.
-
Regulation of dispute resolution policy for .MX domain names (the “Regulation”)
The dispute resolution policy for .MX domain names (LDRP) should be governed by this Regulation and the Provider’s Supplemental Rules to administer the procedure, as stated on its website.
1. General provisions.Article 1 - DefinitionsDefinitions
In this Regulation it means by:
Group of experts:Â To the group of people learned in the field and appointed by a provider to resolve a dispute resolution request on domain names.
Petitioner:Â To the party filing a request for the resolution of a domain name dispute in accordance with the dispute resolution policy for .MX domain names (LDRP).
Jurisdiction:Â To the location of the main office of the Registry .MX.
Applicable policy:Â The General Policies of the Registry .MX, Dispute Resolution Policy for .MX Domain Names, as well as principles and norms related to domain names disputes.
Domain Name:Â Represents a common identifier to a group of computers or devices connected to the network. It is a simple Internet address designed to allow users to easily locate Websites. A domain name registered before the Registry .MX
Member of the group of experts:Â To the person appointed by the provider to join the group of experts.
Party:Â To the petitioner or holder.
Applicable Law:Â The law that is in force in the United Mexican States at the time of filing the request for a dispute resolution, and which results applicable to the case.
Provider:Â A dispute resolution service provider that has the authorization of the Registry .MX to administrate disputes concerning top level .MX domain names.
Registry Agreement:Â The acceptance and knowledge of the General Policies of the Registry. MX by the holder of a domain name registered in the top level domain .MX
Holder:Â The owner of a domain name and against whom an application for cancellation of registration or transfer of ownership of a .MX domain name.
Supplemental Rules:Â The rules adopted by the provider administering a procedure that supplement these regulations. The additional rules will be compatible with the applicable policy or this regulation, and will cover issues such as the limitations and guidelines in the field of words and pages, the form of communication with the provider and the presentation of the covers.
Article 2 - CommunicationsA.When electronically forwarding a request for a dispute resolution relative to domain names to the holder, it will be responsibility of the provider to employ reasonably means they deem necessary to accomplish that the holder receives the notification. This requirement is fulfilled when:
- The dispute resolution relative to domain names is sent (including attachments) by email to:
- The email addresses registered in the Registry's .MX "Whois" database, corresponding the domain name holder, in other words, the Registrant;
- The email address of the mail system administrator for this domain name, usually the "postmaster" account under the domain name subject to the dispute resolution request relative to domain names, this just in case the email accounts referred in the previous paragraph, submit a problem;
- The dispute resolution request relative to domain names is sent to any email address that the petitioner had notified the provider as preferred, and as far as possible, to all other email addresses provided by the petitioner to the supplier under the article 3.B.v.
B.Subject to the provisions of Article 2.A, any written communication to the petitioner or owner under this Regulation should be effected electronically via Internet.
C.Any communication to the supplier or the group of experts will be made in the way and manner stated in the Provider's Supplemental Rules.
D.The communications should be made in the language prescribed in Article 13.A and 13.B. When possible, email communications should be sent in plain language.
E.Any party may update their contact data, notifying it to the supplier and the Registry .MX
F.Subject to the forecasted in this Regulation or the resolution of a group of experts, it would be deemed to have made the communications stated under this Regulation:- If they have been transmitted by facsimile or telecopy, on the date stated on the confirmation of transmission; or
- If they have sent it by mail or courier, on the date marked on the receipt; or
- If they have transmitted it via Internet/email, on the date on which the communication was transmitted, as long as the date of the transmission is verifiable.
G.Subject to the forecasted in this Regulation, all the time calculated under this Regulation from the time when a communication is made, it should commence from the earliest date that it was deemed to have been effected the communication under Article 2.F.
H.It will be sent a copy of any communication made:- By a group of experts to any party, to the supplier and the other party;
- By the provider to any party, and the other party; and
- By one party, to the other party, to the group of experts and the supplier, as the case may be.
I.It will be the responsibility of the sender to retain the registration of the communication of the fact as well as the circumstances of the shipment, which must be available for inspection by the interested parties and for reporting purposes.
J.In the event that the party that sends the communication, receives notification that it has not been received, the party would immediately notify the group of experts (or, if it has not been appointed a group of experts, to the supplier) under the circumstances of the notification. Other procedures relative to the communication and any response will be made in accordance with the established by the group of experts (or the supplier).2. Start of the procedureArticle 3A.Any person or entity may initiate a dispute resolution by filing a dispute resolution request relative to domain names to the supplier with authorization of the Registry .MX (as shown in ANNEX A of the Dispute Resolution Policy for .MX domain names) in accordance with the General Policies of the Registry .MX, Dispute Resolution Policy for .MX domain names (LDRP) and this Regulation.
B.The dispute resolution relative to domain names will be submitted electronically, and in it, it should:
- Solicit that the request be submitted to a group of experts for its resolution with accordance with the Dispute Resolution Policy for .MX domain names (LDRP) and this Regulation;
- Provide the names, addresses and email addresses, and phone numbers and the facsimiles of the holder and the petitioner, as well as any representative of the petitioner;
- Specify the preferred method to effectuate the communications addressed to the petitioner in the Dispute resolution policy for .MX domain names (including the person with which is necessary to get in contact with, the mean and the information on the address);
- Designate if the petitioner opts for the Dispute to be resolved by a group of experts integrated by a single member or of three members and, if the petitioner opts for a group of experts integrated by three members, provide the names of three candidates that could serve as members of the expert group and the data to contact them (these candidates may be selected from any list of experts of any supplier with authorization of the Registry .MX);
- Provide the name of the domain name holder and all the information (including any address and email, as well as the phone numbers and telefacsimile numbers) known by the petitioner in order to get in contact with the holder or any representative of the holder, including the information based on previous relationships to the request for a dispute resolution relative to domain names to establish contact with them, in sufficient detail to allow the supplier to submit the dispute resolution request relative to domain names as described in Article 2.A;Â In case of requiring this information please contact us via email at legal@nic.mx.
- Specify the domain name or names covered by the dispute resolution request relative to domain names;
- Specify the brand or product trademarks or service marks, registered trade announcement, appellation of origin or reservation of rights in the underlying dispute resolution request relative to domain names and for each trademark, registered trade announcement, appellation of origin or reservation of rights, describing the products or services or legally protected interest, if any, with which they are used (the petitioner may also separately describe other goods and services which, when it is presented the dispute resolution request relative to domain names, intends to use those names in the future);
- Describe, in accordance with the Dispute resolution policy for .MX domain names (LDRP), the grounds on which the application is based for the dispute resolution relative to domain names; included in particular:
- The way in which the name or domain names are identical or similar to the point of creating confusion with a trademark or registered service, registered trade announcement, appellation of origin or reservation of rights on which the petitioner has rights; and
- The reasons of why it should be noted that the holder has no rights or legitimate interests over the domain name, or domain names subject to the dispute resolution request relative to domain names; and
- The reasons of why it should be noted that the domain name or names have been registered or used in bad faith.
(Para el caso de los artÃculos 3.B.viii.2 y 3.B.viii.3, la descripción deberá incluir la examinación de cualquier aspecto establecido de los numerales 1.b y 1.c de la PolÃtica de solución de controversias en materia de Nombres de Dominio para .MX (LDRP). La descripción deberá satisfacer cualquier lÃmite de palabras o de páginas establecida en el Reglamento Adicional del Proveedor);
- Specify, in accordance with the policy, the effects that can be obtained;
- Notify about any procedure that has been started or ended in relation to a name or domain names subject to the dispute resolution request relative to domain names;
- Declare that it has been sent or transmitted to the holder of the domain name in accordance with Article 2.B, an electronic copy of the dispute resolution policy relative to domain names, along with the cover, as prescribed by the Provider's Supplemental Rules;
- Declare that the petitioner will be subject to any effect of the decision taken in accordance with the Dispute resolution policy for .MX domain names and applicable policy about the registration cancellation or transfer of ownership of the name name;
- Conclude with the declaration referred below, followed by the signature of the petitioner or of his authorized representative:
"The petitioner acknowledges that the dispute resolution request relative to domain names that raises and what it requests in connection with the domain name registration will affect only the holder of the domain name and waives thereof to: a) the dispute resolution provider and the members of the group of experts, except in case of deliberate infringement; b) the Registry .MX, as well as their directos, representatives, employees and agents.
The petitioner certifies and assures that the information contained in the dispute resolution request relative to domain names is complete and accurate, that this dispute resolution request relative to domain names is not being presented for any improper purpose, such as to harass, that the assertions are based on these rules, as it now exists or as it may be extended by a reasonable argument in good faith"
- Attach any evidence, included a copy of the registration agreement and the dispute resolution policy for .MX domain names (LDRP), on which the dispute resolution request relative to domain names is based on, along with a list of those documents;
- The Dispute resolution request relative to domain names may compromise more than one domain name, as long as that the domain names were registered by the same holder.
- The Dispute resolution request relative to domain names will be sent to the supplier in accordance with Article 2.).
- Â
Notifications made by the supplier after the submission of the Dispute resolution request relative to domain names
Article 4A.The provider should review the dispute resolution request relative to domain names in order to determine if it complies with the provisions of the dispute resolution policy for .MX domain names (LDRP) and this Regulation, and if so, he would forward the dispute resolution request relative to domain names (along with the explanatory cover prescribed by the Provider's Supplemental Rules) electronically to the holder, in the manner prescribed by Article 2.A, within a three (3) calendar days period from the reception of the fees which the petitioner must pay in accordance with Article 22.
B.If the provider determines that the dispute resolution request relative to domain names does not meet the requirements set forth in these regulations, it should immediately notify the petitioner and the holder of such defaults. The petitioner should have five (5) calendar days to correct any default, after which the application is deemed to withdrawn the dispute resolution request relative to domain names, without prejudice to the petitioner to submit a different dispute resolution request relative to domain names.
C.The date that the dispute resolution request relative to domain names started, will be the date in which the provider completes its responsibilities under virtue of article 2.A in relation with sending the dispute resolution request relative to domain names to the holder.
D.The provider will notify the holder, the petitioner and the Registry .MX, the date when the procedure started.
Article 5 - Written ResponseA.Within twenty (20) days from the date of initiation of the dispute resolution policy procedure, the holder should submit to the provider a written response.
B.The written response will be submitted in electronic form and it should:
- Respond specifically to the statements and allegations contained in the dispute resolution request relative to domain names and include all the reasons why the domain name holder should retain the registration and use of the domain name subject to dispute (this part of the response should comply with any limitation set for words or pages in the Provider's Supplemental Rules);
- Provide the name, address and email address, and the phone numbers and the telefacsimile numbers of the domain name holder, and of any representative authorized to act on behalf of the holder in the procedure;
- Specify the preferred method to effectuate the communications addressed to the holder in the procedure (including the person with which is necessary to get in contact with, the mean and the information on the address);
- If the petitioner has chosen in the dispute resolution request relative to domain names for a group of experts composed by a single member (see Article 3.B.iv), and state whether the holder chooses instead to have the dispute decided by a group of experts consisting of three members;
- If the petitioner or the holder opts for a group of experts composed of three members, provide the name of three candidates that could serve as members of the group of experts and the data to contact them (these candidates may be selected from any list of experts of any provider authorized by the Registry .MX);
- Identify any procedure that have been started and terminated in relation to any of the domain names subject to the dispute resolution request relative to domain names;
- Declare that it has been sent or transmitted to the petitioner a written copy of the response, in accordance with Article 2.B; and
- Conclude that with the declaration referred to below, followed by the signature of the holder or his authorized representative:
"The holder certifies and assures that the information contained in this response, is to the best of his knowledge, complete and accurate, that this response is not being presented for any improper purpose, such as creating obstacles, and that the assertions in this response are warranted under these Rules and the applicable law, as it now exists or as it may be extended by a reasonable argument and in good faith"; and
- Attach all type of documentary evidence in which the written response is based on, along with a list of those documents.
C.If the petitioner has chosen to have the dispute be decided by a group of experts consisting of a single member and the holder chooses a group of experts of three members, the holder must pay half of the fee for the group of experts consisting in three members as defined in the Provider's Supplemental Rules. Payment will be made with the shipment of the written response to the provider. In case, that the required payment is not made, the group of experts composed by one single member, would decide the dispute. do en el Reglamento Adicional del proveedor. El pago se efectuará junto con el envÃo del escrito de contestación al proveedor. En caso de que no se efectúe el pago exigido, un grupo de expertos compuesto de un único miembro resolverá la controversia.
D.On request of the holder, the provider may, in exceptional cases, extend the period for filing the written response. The period may also be extended by written stipulation of the parties, as long as the provider approves it.
E.If the holder does not present a written response, as long as no exceptional circumstances exist, the group of experts will resolve the dispute based on the dispute resolution request relative to domain names.
Article 6 - Exemption of liabilityExcept in case of negligence, neither the Registry .MX, neither the provider, nor a member of the group of experts should be liable before any party for all acts or omission in connection with any procedure under this Regulation.
Article 7 - ModificationsThe version of this regulation which is in effect at the time of filing the dispute resolution request relative to domain names will apply to the procedure initiated in that way. Any changes or updates to the regulations will be published with a notice of fifteen (15) days at the Registry .MX website: http://www.registry.mx, so that the holder could reveal what suits his interests. Once the respite lapsed the previous holder will be obliged under this new regulation, without requiring that the Registry .MX perform any other publication or notice.
3. Group of expertsArticle 8 - Appointment of the group of expertsA.The provider should maintain and publish a list of members of the group of experts and their profesional qualifications, which will be available to the public.
B.If the holder and the petitioner have not chosen a group of experts consisting of three members (Article 3.B.iv and 5.B.iv), the provider will appoint, within five (5) calendar days from the reception of the written response, or once the granted period has elapsed, and a single member of the group of experts is among their experts list. The fees for this group of experts composed by only one member should be paid in full by the petitioner.
C.If the petitioner or the holder opts for the dispute to be resolved by a group of experts composed of three members, the provider will appoint three experts to serve on the expert group in accordance with the procedure established in Article 8.E. The fees of the expert group composed by three members will be paid in full by the petitioner, except when the holder has opted for the expert group to be composed of three members, in which case the applicable fees will be shared equally by the parties.
D.Unless it has already been chosen a group of experts composed by three members, the petitioner will submit to the provider, within five (5) calendar days from the communication of a written response that the holder opts for a group of experts composed by three members that could serve as members of the group of experts, and the data in order to establish contact with them.
E.In case that the petitioner or the holder opts for a group of experts composed by three members, the provider will seek to appoint a member of the group of experts from the lists of candidates provided by the petitioner and the holder. If the provider is unable to make the appointment of a member of the group of experts under normal conditions from the list of candidates of either party, he would make the appointment from his list of experts. The third member of the group of experts will be appointed by the provider from a list of five candidates submitted by the provider to the parties, and the provider will select one of the five candidates so as to keep a balance between the preferences of both parties, as it may indicate to the provider within five (5) calendar days from the issuance by the provider to the parties of the list of five candidates.
F.Once it has been appointed all the members of the expert group, the provider will notify to the parties the members of the expert group which were appointed and the date by which, without existing any exceptional circumstances, the group of experts will send to the provider the decision taken.Article 9 - Impartiality and independenceEvery member of the group of experts will be impartial and independent, and before accepting the appointment would have disclosed to the provider and the parties any circumstance which might give rise to justifiable doubt about the impartiality or the independence of each member, or would have confirmed in writing that there are no such circumstances. If at any point in the procedure new circumstances arise that might give rise to justifiable doubt it will promptly disclose such circumstances to the provider. In this case, the provider will be entitled to appoint a substitute member of the group of experts.
Article 10 - Communication between the parties and the group of expertsNo party or anyone acting on its behalf may have any unilateral communication with the group of experts. All communications between a party and the group of experts or the provider will be made to an administrator appointed by the provider in the manner prescribed in the Provider's Supplemental Rules.
4. Procedure developmentArticle 11 - Transmission of the record to the group of expertsThe provider will send the record to the group of experts as when appointed as a member of the group of experts, in the case that a group of experts composed by a single member, or be appointed as the last member of the group, in the case of a group of experts composed by three members.
Article 12 - General Powers of the group of expertsA.The group of experts will carry out the dispute resolution procedure in the manner it deems appropiate under the Applicable policy of dispute resolution (LDRP) and this Regulation.
B.In all cases, the group of experts will ensure that the parties are treated equally and that each party is given a fair opportunity to present its case.
C.The group of experts will ensure that the dispute resolution procedure is carried out with due diligence. At the request of a party or in its own initiative, it could extend in exceptional cases a fixed period by these Rules or by the group of experts.
D.The group of experts will determine the admissibility, relevance, materiality and weight of the evidence.
The group of experts will decide upon the request of a party seeking to consolidate multiple disputes concerning domain names in accordance with the Applicable policy and these Rules.
Article 13 - Language of the ProceduresA.Unless the parties decide otherwise, the language of the procedure will be in Spanish, subject to the authority of the group of experts to determine otherwise, having regard on the circumstances of the case.
B.The group of experts may require that the documents submitted in languages other than the language of the dispute resolution procedure go accompanied by a translation in whole or in part in the language of the dispute resolution procedure.
Article 14 - Otras statementsIn addition to the dispute resolution request relative to domain names and the written response, the group of experts, using their faculties, may allow or require further statements from the parties.
Article 15 - HearingsThere will no be hearings (including hearings by teleconference, videoconference and web conference), unless the group of experts determines, using its exclusive faculties and in an exceptional manner, it is necessary to conduct a hearing in order to resolve the dispute.
Article 16 - Failure to complyA.In case that a holder, without existing any exceptional circumstances, does not present its written response in accordance with this Regulation, the group of experts will adopt a resolution regarding the dispute resolution request relative to domain names.
B.The group of experts will also adopt a resolution regarding the dispute resolution request relative to domain names in case that a party, with no exceptional circumstances, does not respect any of the deadlines established by this Regulation or the group of experts.
C.If a party, with no exceptional circumstances, violates any provision or requirement under these Rules or any request from the group of experts, the latter will draw the inferences it deems appropriate.
Article 17 - Termination of the procedureWhen reasonably possible and as long as it is satisfiable for all the parties to have had a fair and equal opportunity to present its case, the group of experts will declare the closure of the dispute resolution procedure no later than then (10) days after the date of his appointment.
Article 18 - DisclaimerIt will be estimated that a party has waived its right to claim when he knows or should have known that he has not complied with any provision or requirement under this Regulation, or any instruction of the group of experts, and that in spite of this proceeds with diligence a claim in respect of such failure.
5. ResolutionsArticle 19 - Applicable policyThe group of experts will resolve the dispute resolution request relative to domain names in accordance with the applicable policy, this Regulation, as well as the rules and the law principles which deems applicable.
Article 20 - Form and notification of resolutionsA.The resolution will be forwarded to the provider, when reasonably possible, within seven (7) days from the closure of the dispute resolution procedure.
B.In the resolution it will specify the date in which it took effect, the reasons on which it relied on and it will be signed digitally or in writting. The group of experts may consult the provider on issues relating the resolution.
C.As soon as possible, once the group of experts has forwarded the resolution to the provider, this will communicate it to each party and the Registrars and the Registry .MX for carrying out its execution.
D.Unless the group of experts determine otherwise, the provider will publish the resolution in a website accessible by the public.
Article 21 - Withdrawal the dispute resolution request relative to domain names by agreement between the parties or other grounds for terminationA.If the parties reach an agreement before adopting the decision of the group of experts, the latter will terminate the dispute resolution procedure, after joint request of the parties, will inscribe the agreement in form of the agreed decision, which will be signed by the group of experts and by the parties. The group of experts will not be obliged to give the reasons for the resolution.
B.If the continuance of the procedure is unnecessary or impossible for any reason not mentioned in paragraph a) before adopting the resolution of the group of experts, the latter will be empowered to dictate a resolution that could terminate the dispute resolution procedure, unless a party raises justifiable grounds (to the perspective of the group of experts) for objection within a period specified by the group of experts.
6. Rates and FeesArticle 22 - FeesA.The dispute resolution request relative to domain names will be subject to a payment by the petitioner's behalf to the provider of a fixed administrative charge in accordance with the rates published by the provider that is in force at the time of filing the dispute resolution request relative to domain names (see references of each of the dispute resolution providers that are listed in Annex A of the Dispute resolution policy for .MX domain names ).
B.The rate will consist of:
- The rate of the provider, which may not be reimbursed; and
- A payable fee to the group of experts which will not be refunded after the appointment of that group.
C.The provider will not take any action in respect of the dispute resolution requests relative to domain names until he has received the rate A).
D.If the provider has not received the administrative fee within seven (7) days from the receipt of thedispute resolution request relative to domain names, he would send a payment reminder to the petitioner.
E.In case that the provider has not yet received the payment of the administrative fee within seven (7) days from the issuance of such reminder, it will be deemed to withdrawn the dispute resolution request relative to domain names.
The English version of this document has no legal value, it is provided solely as a means to facilitate the reading and understanding of the Spanish version, it is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall in all cases apply.
- The dispute resolution relative to domain names is sent (including attachments) by email to:
-
Reserved .MX Domain Names
Content missing
-
Privacy Notice
The privacy of your personal data is of great importance for Network Information Center, S.A. de C.V., so we inform our Privacy Notice.