Common use of Provider Action on Request Clause in Contracts

Provider Action on Request. 3.1. Upon receipt of the verifiable evidence of wrongdoing set forth above in writing, Provider will take the following steps: 3.1.1. Promptly notify the Customer about the complaint and disclosure request and request that the Customer respond to Provider within 15 calendar days. Provider shall advise the Customer that if the Customer believes there are legitimate reason(s) to object to disclosure, the Customer must disclose these reasons to Provider and authorize Provider to communicate such reason(s) to the Requester (so long as doing so will not endanger the safety of the Customer, as outlined in Section 3.3.6 of this Specification); and 3.1.2. Within 5 business days (as observed in the location of ICANN’s principal place of business) after receiving the Customer’s response, or within 2 business days after the time for Customer’s response has passed, Provider shall take one of the following actions: 3.1.2.1. Disclose to Requester using secure communication channels the contact information it has for Customer that would ordinarily appear in the publicly accessible Registration Data Directory Service for nonproxy/privacy registration; or 3.1.2.2. State to Requester in writing or by electronic communication its specific reasons for refusing to disclose. 3.2. In exceptional circumstances, if Provider requires additional time to respond to the Requester, Provider shall inform the Requester of the cause of the delay, and state a new date by which it will provide its response under this Specification. 3.3. Disclosure can be reasonably refused by Provider, for reasons consistent with the general policy stated herein, including any of the following: 3.3.1. Provider has already caused Customer contact details to be Published in Registration Data Directory Service as the result of termination of the Services; 3.3.2. the Customer has objected to the disclosure and has provided a basis for reasonably believing (i) that it is not infringing the Requester’s claimed intellectual property rights, or (ii) that its use of the claimed intellectual property is defensible; 3.3.3. Provider has a basis for reasonably believing (i) that the Customer is not infringing the Requester’s claimed intellectual property rights, or (ii) that the Customer’s use of the claimed intellectual property is defensible; 3.3.4. the Customer has surrendered its domain name registration in lieu of disclosure, if Provider offers its Customers this option; 3.3.5. the Customer has provided, or Provider has found, specific information, facts or circumstances showing that the Requester’s trademark or copyright complaint is a pretext for obtaining the Customer’s contact details by effecting removal of the Service for some other purpose unrelated to addressing the alleged infringement described in the Request; 3.3.6. the Customer has provided, or Provider has found, specific information, facts, or circumstances showing that disclosure to the Requester will endanger the safety of the Customer; or 3.3.7. Provider has a basis for reasonably believing that disclosure to the Requester will violate applicable data protection laws; or

Provider Action on Request. 3.1. Upon receipt of the verifiable evidence of wrongdoing set forth above in writing, Provider will take the following steps: 3.1.1. Promptly notify the Customer about the complaint and disclosure request and request that the Customer respond to Provider within 15 calendar days. Provider shall advise the Customer that if the Customer believes there are legitimate reason(s) to object to disclosure, the Customer must disclose these reasons to Provider and authorize Provider to communicate such reason(s) to the Requester (so long as doing so will not endanger the safety of the Customer, as outlined in Section 3.3.6 of this Specification); and 3.1.2. Within 5 business days (as observed in the location of ICANN’s principal place of business) after receiving the Customer’s response, or within 2 business days after the time for Customer’s response has passed, Provider shall take one of the following actions: 3.1.2.1. Disclose to Requester using secure communication channels the contact information it has for Customer that would ordinarily appear in the publicly accessible Registration Data Directory Service for nonproxy/privacy registration; or 3.1.2.2. State to Requester in writing or by electronic communication its specific reasons for refusing to disclose. 3.2. In exceptional circumstances, if Provider requires additional time to respond to the Requester, Provider shall inform the Requester of the cause of the delay, and state a new date by which it will provide its response under this Specification. 3.3. Disclosure can be reasonably refused by Provider, for reasons consistent with the general policy stated herein, including any of the following: 3.3.1. Provider has already caused Customer contact details to be Published in Registration Data Directory Service as the result of termination of the Services; 3.3.2. the Customer has objected to the disclosure and has provided a basis for reasonably believing (i) that it is not infringing the Requester’s claimed intellectual property rights, or (ii) that its use of the claimed intellectual property is defensible; 3.3.3. Provider has a basis for reasonably believing (i) that the Customer is not infringing the Requester’s claimed intellectual property rights, or (ii) that the Customer’s use of the claimed intellectual property is defensible; 3.3.4. the Customer has surrendered its domain name registration in lieu of disclosure, if Provider offers its Customers this option; 3.3.5. the Customer has provided, or Provider has found, specific information, facts or circumstances showing that the Requester’s trademark or copyright complaint is a pretext for obtaining the Customer’s contact details by effecting removal of the Service for some other purpose unrelated to addressing the alleged infringement described in the Request; 3.3.6. the Customer has provided, or Provider has found, specific information, facts, or circumstances showing that disclosure to the Requester will endanger the safety of the Customer; or 3.3.7. Provider has a basis for reasonably believing that disclosure to the Requester will violate applicable data protection lawsfailed to provide to Provider the verifiable evidence of wrongdoing outlined in Section 3.1 of this Specification. 3.4. Disclosure cannot be refused solely for lack of any of the following: (i) a court order; or(ii) a subpoena; (iii) a pending civil action; or (iv) a UDRP or URS proceeding; nor can refusal to disclose be solely based on the fact that the Request is founded on alleged intellectual property infringement in content on a website associated with the domain name. 3.5. For all refusals made in accordance with the policy and requirements herein, Provider must accept and give due consideration to Requester’s requests for reconsideration of the refusal to disclose. 3.6. A recommended mechanism for resolving disputes in which a Provider is alleged to have made a wrongful disclosure based on a Requester having provided false information is outlined in Section 4 of this Specification.