1. DEFINITIONS

1.1. "Complainant" shall mean the entity or individual who was the registered owner of the Recently Expired Domain Name before the New Registrant.

1.2. "Complaint" shall mean the Complaint filed by the Complainant under Rule 2 of these RSRED Rules.

1.3. "Determination" shall mean the outcome of the Examination carried under these RSRED Rules.

1.4. "Recently Expired Domain Name" or "REDN" shall mean the domain name upon which the Complaint is based.

1.5. "Examination" shall mean the process of reviewing the Complaint in accordance with Rule 2.4 of the RSRED Rules.

1.6. "New Registrant" shall mean the entity or individual in possession of the REDN at the time of the Complaint instituted.

1.7. "RSRED Provider" shall mean Domain Name Dispute Resolution Centre.

1.8. "Suspension"shall mean an action taken by the Registry Operator to ensure the REDN no longer resolves to a website.

1.9. "The Supplemental Rules" shall mean these Rules which are Supplemental to UDRP Policy and its Rules and are adopted by the Domain Name Dispute Resolution Center (DNDRC) to assess Complaints regarding Domain Name Dispute and administer proceedings.

1.10. "UDRP Complaint" shall mean the Complaint filed under the UDRP Policy and the Supplemental Rules for the purposes of resolution of disputes in domain names.

1.11. "UDRP Policy" shall mean the Uniform Domain Name Dispute Resolution Policy as approved by ICANN on 24 October 1999.

2. COMPLAINT

2.1. Filing the Complaint

2.1.1. Proceedings can be initiated by electronically filing a Complaint with the RSRED Provider.

2.1.2. Each Complaint must be accompanied by a non-refundable administrative fee as outlined under Rule 9 of these RSRED Rules.

2.1.3. A single Complaint may only pertain to a single REDN.

2.2. Conditions of the Complaint

2.2.1. The Complaint may only be accepted if all the following conditions are met:

(a) The New Registrant registered the REDN within 90 days from the date on which the Complainants registration of the REDN expired;

(b) The Complaint is filed within 90 days from the date the REDN was registered by the New Registrant;

(c) The Complainant, as defined in Rule 1.1, was the registered owner of the REDN before it was acquired by the New Registrant; and

(d) The website associated with the REDN is being used wholly or primarily to host, promote, exhibit, distribute, transmit or otherwise display sexually explicit content on a commercial scale.

2.3. Contents of the Complaint

2.3.1. The Complaint will be submitted using a form made available by the RSRED Provider. The form of the Complaint shall include space for the following:

(a) Name, email address and other contact information for the Complainant. Only the previous owner of the REDN can file the Complaint.

(b) Name, email address and contact information for any person authorized to act on behalf of the Complainant.

(c) Name of New Registrant (i.e. relevant information available from WHOIS) and WHOIS listed available contact information for the relevant REDN, if this information is available with the Complainant.

(d) The specific REDN which is the subject of the Complaint.

(e) The grounds upon which the Complaint is based, demonstrating fulfilment of all the conditions mentioned under Rule 2.2.

(f) A box in which the Complainant may submit up to 500 words of explanatory free form text.

(g) An attestation that the Complaint is not being filed on any improper basis and that there is a sufficient good faith basis for filing the Complaint.

2.4. Filing and Examination

2.4.1. The Complainant must submit the Complaint electronically using the Providers designated form, as outlined in Rule 2.3.

2.4.2. If the New Registrant’s name is not available to the Complainant due to some WHOIS restrictions (such as privacy), then the RSRED Provider shall obtain that information from the registry, to determine the applicability of these rules.

2.4.3. Upon receipt of the Complaint and the accompanying non-refundable fee, the RSRED Provider will conduct an Examination within forty-eight (48) hours.

2.4.4. If a Complaint is deemed non-compliant with filing requirements, the Complainant will be provided with an opportunity to submit an amended Complaint. If the Complaint is still deemed non-compliant after re-submission the Complaint will be dismissed without prejudice to the Complainant filing a new Complaint with respect to the same REDN. The initial filing fee shall not be refunded in these circumstances.

3. Locking REDN

3.1. Immediately upon receiving a Complaint under these RSRED Rules, the RSRED Provider shall notify the Registry Operator (via email) of the same ("Notice of Lock"). The Notice of Lock shall accompany the Complaint received by the Complainant and shall also specify the details sought from the Registry Operator by the RSRED Provider which shall include:

3.1.1. Details of the New Registrant; and

3.1.2. The current and previous registration details of the REDN.

3.2. Within ten (10) business hours of receiving the Notice of Lock, the Registry Operator shall "lock" the domain, meaning the registry shall restrict all changes to the Registrant (domain owner) data, including transfer and deletion of the REDN, but the name will continue to resolve. The Registry Operator will notify the RSRED Provider immediately upon locking the REDN along with the addressal of the information sought by the RSRED Provider under these rules ("Acknowledgement of Lock").

3.3. Upon a Determination concluding in favor of the Complainant, the RSRED Provider shall immediately notify the Registry Operator (via email) that the Complaint has been deemed compliant with the filing requirements which shall be accompanied by a copy of the Determination ("Notice of Suspension").

3.4. Within ten (10) business hours of the receipt of Notice of Suspension, the Registry Operator shall suspend the REDN, which shall remain suspended in accordance with the suspension period stated in the Determination, that is 60 calendar days, meaning the REDN will no longer resolve or be accessible to the public.

3.5. The Registry Operator shall maintain the lock on the REDN, restricting all transfers of the REDN and maintaining the existing Registrant (domain owner) data. The Registry Operator will notify the RSRED Provider immediately upon implementing the said measures on the REDN ("Acknowledgement of Suspension").

3.6. Immediately upon receiving the Acknowledgement of Suspension from the Registry Operator, the RSRED Provider shall notify the Complainant via email of the suspension ("Complainant Notice"). The Complainant Notice shall include an electronic copy of the Determination, inform the Complainant of the suspended status of the REDN and notify the Complainant of the last date that the Complainant may file a UDRP Complaint as under Rule 8 of these RSRED Rules ("Expiry Date").

3.7. The Expiry Date stipulated under the Complainant Notice shall not be earlier than sixty days from the date of communication of Determination to the Complainant.

3.8. The Complainant Notice must be clear and understandable, accommodating a global audience, and shall be in English.

4. Determination

4.1. A Determination under these Rules shall be made within two (2) business days of the receipt of Acknowledgement of Lock.

4.2. The Examiner may conduct his/her own investigation to collect information and rely on any other additional material, including but not limited to the content of the website associated with the REDN, as evidence.

4.3. If the Complainant satisfies the burden of proof under Rule 2.2.1, the Examiner will issue a Determination in favor of the Complainant. The Examiner, in the Determination, may recommend suspension of the REDN for up to 60 calendar days.

4.4. The Determination shall be communicated, via email, by the RSRED Provider to the Complainant, New Registrant, the Registrar, and the Registry Operator, and shall specify the required actions of the Registry Operator to comply with the Determination as outlined under Rule 3 of these RSRED Rules.

4.5. There should be no other preclusive effect of the Determination other than the RSRED proceeding to which it is rendered.

5. Examiners

5.1. The RSRED Provider shall appoint an Examiner to preside over any RSRED proceedings.

5.2. Examiners should have a demonstrable and relevant legal background, such as in criminal law.

5.3. The RSRED Provider will provide Examiners with instructions on the RSRED elements and how to conduct the examination of RSRED proceedings.

6. Examination Standards and Burden of Proof

6.1. The Examination will assess whether the Complaint satisfies the requirements listed in Rule 2.2.1.

6.2. The burden of proof shall be on the Complainant.

6.3. If the Examiner finds that the Complainant has not met the burden of proof or the Complaint fails to satisfy the conditions listed in Rule 2.2.1, the Examiner will reject the Complaint. That is, the Complaint shall be dismissed if the Examiner finds that evidence is available to the Examiner to indicate that the Complaint does not satisfy the conditions listed under Rule 2.2.1.

6.4. Where there is any genuine contestable issue, the Complaint will be denied, the RSRED proceedings will be terminated without prejudice, e.g., a UDRP or a court proceeding may be utilized.

7. Remedy

7.1. No other remedies except the process listed under Rule 3 should be available in the event of a Determination in favor of the Complainant.

7.2. If the Examiner rules in favor of the New Registrant, the RSRED Provider shall notify the Registry Operator to unlock the name and return full control of the REDN registration to the Registrant.

8. Post Suspension

8.1. Upon receiving the Determination by the RSRED Provider, the Complainant may, within sixty (60) days from the date of Determination being communicated or the date stipulated under the Complainant Notice (whichever is earlier), file a UDRP Complaint with DNDRC, governed by the UDRP Policy and the DNDRC Supplemental Rules.

8.2. If the Complainant fails to file the UDRP Complaint within the prescribed period:

8.2.1. The temporary suspension of the REDN will be lifted;

8.2.2. The REDN will be restored to its pre-suspension state.

8.3. The Complainant may not refile a Complaint under RSRED for the same REDN, provided the conditions listed under Rule 2.2. of these RSRED Rules are not sufficient to issue a Determination in favor of the Complainant.

9. RSRED Fees

9.1.The applicable fees for filing of Complaint are as follows:

RSRED Fee: $200