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Rules for China Internet Network Information Center Domain Name Dispute Resolution Policy (2002)

(In effect as of 30th September 2002)

Communications

Article 4.   Any communication under these Rules shall abide by the following principles:

(a) any communication provided by a Party shall be copied and served to the other Party, the Panel and the Provider, as the case may be;

(b) any communication by the Provider to any Party shall be copied and served to the other Party;

(c) any communication by the Panel to any Party shall be copied and served to the other Party and the Provider;

(d) 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;

(e) in the event a Party sending a communication receives notification of non-delivery of the communication, or thinks by himself that he has not delivered the communication successfully, the Party shall promptly notify the Provider of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Provider; and

(f) either Party may update its contact details by notifying the Provider.

Article 5.   When forwarding a complaint to the Respondent, it shall be the Provider'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:

(a) sending the complaint to all postal-mail and facsimile addresses shown in the Registry's and the Registrar's Whois database for the registered domain name holder, administrative contact, the technical contact, the undertaker and the bill contact;

(b) sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to the e-mail addresses shown in the Registry's and the Registrar's Whois database for the registered domain name holder, administrative contact, the technical contact, the undertaker and the bill contact, or if the domain name resolves to an active web page, sending the complaint in electronic form, including annexes to the extent available in electronic form, by e-mail to the e-mail addresses shown on that web page; or

(c) sending the complaint to any address the Respondent has notified the Provider it prefers and, to the extent practicable, to all other addresses provided to the Provider by the Complainant.

Article 6.   Except as provided in the preceding Article, 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, or in the absence of such specification,

(a) by facsimile transmission, with a confirmation of transmission;

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

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

Article 7.   Any communication by the Complaint or the Respondent to the Provider or the Panel shall be made by the means and in the manner, including number of copies, stated in the Provider's Supplemental Rules.

Article 8.   Unless otherwise agreed by the Parties or determined in exceptional cases by the Panel, the language of the domain name dispute resolution proceedings shall be Chinese. The Panel may order that any documents submitted in languages other than Chinese be wholly or partially translated into Chinese.

Article 9.   Except otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made:

(a) if by facsimile transmission, on the date shown on the confirmation of transmission;

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

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

Article 10.   Except otherwise provided in these Rules, the date calculated under these Rules when a communication begin to be made shall be the earliest date that the communication is deemed to have been made in accordance with the preceding Article.