Rules for CNNIC Domain Name Dispute Resolution Policy
Chapter I General Provisions and Definitions
Article 1 In order to ensure the fairness, convenience and promptness of a domain name dispute resolution procedure, these Rules are formulated in accordance with "CNNIC Domain Name Dispute Resolution Policy".
Article 2 The proceedings for the resolution of disputes under "CNNIC Domain Name Dispute Resolution Policy" adopted by CNNIC shall be governed by these Rules and the "Supplemental Rules of the Domain Name Dispute Resolution Provider".
Article 3 The following terms in the "Rules for CNNIC Domain Name Dispute Resolution Policy "(hereinafter referred to as these Rules or CNDRP Rules) have the following definitions:
(a) CNDRP means CNNIC Domain Name Dispute Resolution Policy adopted by CNNIC, which is incorporated by reference and made a part of the Registration Agreement, and binding to the holders of the domain names.
(b) Registration Agreement means the domain name registration agreement between a Registrar and a domain name holder.
(c) Party means a Complainant or a Respondent.
(d) Complainant means the party initiating a complaint concerning a domain name registration with Domain Name Dispute Resolution Provider in accordance with CNDRP and the CNDRP Rules.
(e) Respondent means the holder of the domain name against which a complaint is initiated.
(f) Registry refers to China Internet Network Information Center (CNNIC).
(g) Registrar refers to the entity authorized by CNNIC and responsible for acceptance of the domain name registration applications and completion of domain name registrations.
(h) Agency refers to the entity which accepts the applications for registrations of the domain names on behalf of the Registrar.
(i) Provider refers to a dispute resolution service provider approved by CNNIC to resolve the domain name disputes.
(j) Panel means a panel composed of 1 or 3 Panelists who are appointed by the Provider to be responsible for the resolution of a domain name dispute.
(k) Panelist means the individual who are listed among the Name List of Panelists approved by the Provider and published at the Provider's Web-site, and qualified to be members of the Panel for the resolution of the domain name disputes.
(l) Supplemental Rules means the rules adopted by the Provider to supplement CNDRP in accordance with CNDRP and these Rules.
(m) The Simplified Rules refer to those rapid procedure rules which the domain name dispute resolution organizations have made in accordance with "Rules for CNNIC Domain Name Dispute Resolution Policy" and "Supplemental Rulesof the Domain Name Dispute Resolution Provider" for special domain name disputes under the Items of "CNNIC Domain Name Dispute Resolution Policy".
Chapter II Communications
Article 4 Any communication under these Rules shall abide by the following principles:
(a) Any communication by the Provider to any Party shall be copied and served to the other Party.
(b) Any communication by the Panel to any Party shall be copied and served to the other Party and the Provider.
(c) 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.
(d) 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.
(e) 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; and
(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 that form) by e-mail to the e-mail addresses shown on that web page; and
(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; or
(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 as 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; or
(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 as 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.
Chapter III The Complaint
Article 11 Any person or entity may initiate a domain name dispute resolution proceedings by submitting a complaint in accordance with CNDRP and these Rules to any Provider approved by CNNIC.
Article 12 The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:
(a) Request that the complaint be submitted for decision in accordance with CNDRP and these Rules;
(b) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the complaint and of any representative authorized to act for the Complainant in the proceedings;
(c) Specify a preferred method for communications directed to the
Complainant in domain name dispute resolution proceedings, including person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including hard copy;
(d) Designate whether Complainant elects to have the dispute decided by a single member Panel or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names of three candidates from the Provider's list of panelists to serve as one of the Panelists in the order of its own preference. The Complainant may also entrust the Provider to appoint the panelist on his behalf;
(e) Provide the name of the Respondent (domain name holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Complainant regarding how to contact Respondent or any representative of Respondent, in sufficient detail to allow the Provider to send the complaint as described in Article 5 of these Rules;
(f) Specify clearly the domain name (s) that is/are the subject of the complaint;
(g) Identify the Registrar and/or the Agency with whom the domain name (s) is/are registered at the time the complaint is filed;
(h) Specify the rights or legitimate interests on which the complaint is based with regard to the disputed domain name, annexing all materials evidencing the rights or interests;
(i) Describe, in accordance with CNDRP, the grounds on which the complaint is made including, in particular,
(1) the disputed domain name is identical with or confusingly similar to the complainant's name or mark in which the Complaint has civil rights or interests;
(2) the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name;
(3) the disputed domain name holder has registered or is being used the domain name in bad faith.
(The description should, for elements (3), discuss any aspects of Article 9 of CNDRP. The description shall comply with any word or
page limit set forth in the Provider's Supplemental Rules.)
(j) Specify, in accordance with Article 13 of CNDRP, the remedies sought;
(k) Identify any other legal or arbitral proceedings which have been commenced or terminated in connection with or related to any of the domain name (s) that are the subject of the complaint. All materials concerning the above proceedings that can be obtained by Complainant shall be submitted.
(l) Conclude with the following statement followed by the signature or stamp of the Complainant or its legal representative or its authorized representative:
"Complainant certifies that the complaint was filed in accordance with "CNNIC Domain Name Dispute Resolution Policy "and "Rules for Domain Name Dispute Resolution Policy "as well as the relevant laws; that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate; that the corresponding claims and remedies shall be solely against the domain name holder and waives all such claims and remedies against the dispute resolution Provider and Panelists, the Registry and the Registrar, the registry administrator as well as the Agency";
(m) Annex, as attachments, any documentary or other evidence upon which the complaint relies.
Article 13 The Complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.
Article14 After receipt of the complaint, the Provider shall review the complaint for administrative compliance with the "CNNIC Domain Name Dispute Resolution Policy", "Rules for CNNIC Domain Name Dispute Resolution Policy" and "Supplemental Rules of the Domain Name Dispute Resolution Provider". If in compliance, the Provider shall forward the copy of the complaint to the Respondent, in the manner prescribed by these Rules, following receipt of the fees to be paid by the Complainant in accordance with these Rules.
If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant of the nature of the deficiencies identified. The Complainant shall correct any such deficiencies of the complaint within the required time of period. If the Complainant does
not correct the deficiencies identified within the required time or the corrected complaint cannot satisfy the requirements under CNDRP and these Rules, the complaint will be deemed withdrawn confirmed by the written notification of the Provider.
Article 15 The date of commencement of the domain name dispute resolution proceedings shall be the date on which the Provider completes its responsibilities under Article 5 of these Rules in connection with forwarding the Complaint to the Respondent.
Article 16 The Provider shall immediately notify the parties, the concerned Registrar and CNNIC of the date of commencement of the domain name dispute resolution proceedings.
Chapter IV The Response
Article 17 Within twenty (20) calendar days of the date of commencement of the proceedings the Respondent shall submit a response to the Provider.
Article 18 The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:
(a) Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);
(b) Provide the name and contact details of the Respondent and of any representative authorized to act for the Respondent in the proceedings (postal and e-mail addresses, and the telephone and telefax numbers);
(c) Specify a preferred method for communications directed to the Respondent in the domain name dispute resolution proceedings, including person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including hard copy;
(d) If Complainant has elected a single member Panel in the Complaint, state whether Respondent elects instead to have the dispute decided by a three-member panel;
(e) If either Complainant or Respondent elects a three-member Panel, provide the names of three candidates from the Provider's list of panelists to serve as one of the Panelists in the order of its own preference. The Respondent may also entrust the Provider to appoint the panelist on his behalf
(f) Identify and state any other legal or arbitral proceedings which have been commenced or terminated in connection with or relating to any of the domain name(s) that is/are the subject of the complaint and provide all information available concerning such proceedings;
(g) Conclude with the following statement followed by the signature or stamp of the Respondent or its legal representative or its authorized representative:
"Respondent certifies that the response was filed in accordance with "CNNIC Domain Name Dispute Resolution Policy" and "Rules for CNNIC Domain Name Dispute Resolution Policy "as well as the relevant law; that the information contained in this Response is to the best of Respondent's knowledge complete and accurate; that the corresponding defenses and assertions shall be solely against the Complainant and waives all such defenses and assertions against the Provider and Panelists, the Registry and the Registrar, the registry administrator as well as the Agency.";
(h) Annex, as attachments, any documentary or other evidence upon which the response relies.
Article 19 If Complainant has elected to have the dispute decided by a single member Panel and Respondent elects a three-member Panel, Respondent shall be required to pay one-half of the applicable fees for a three-member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single member Panel.
Article 20 At the request of the Respondent, the Provider may, under some special circumstances, extend appropriately the period of time for the filing of the response. The period may also be extended by the agreement between the parties, provided that the agreement is approved by the Provider.
Chapter V Appointment of the Panel
Article 21 The Provider shall maintain and publish a publicly available name list of panelists. The Panel in charge of the domain name dispute resolution shall be composed by either one single Panelist or three Panelists.
Article 22 If neither the Complainant nor the Respondent has elected a three-member Panel, the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single member Panel shall be paid entirely by the Complainant.
Article 23 If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Article 25 and 26 of these Rules. The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
Article 24 Unless it has already elected a three-member Panel and provided the names of the three candidates, the Complainant shall submit to the Provider, within three (3) calendar days of communication of a response in which the Respondent elects a three- member Panel, the names of three candidates to serve as one of the Panelists.
Article 25 In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from its list of panelists. The third Panelist shall be the Presiding Panelist.
Article 26 Where the Respondent fails to submit the response or, has submitted the response but fails to indicate how to designate the Panel, the Provider shall proceed to appoint the Panel as follows:
(a) If the Complainant has designated a single member Panel, the Provider shall appoint the Panelist from its list of panelists;
(b) If the Complainant has designated a three-member Panel, the
Provider shall, subject to availability, appoint one Panelist from the list of candidates provided by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its list of panelists.
Article 27 The Panelists shall have the right to decide by themselves whether to accept the appointment. To ensure the promptness and smoothness of the domain name dispute resolution proceedings, if any of the Panelists designated cannot accept the appointment, the Provider shall appoint another Panelist from its list of panelists at its own discretion.
Article 28 Once the entire Panel is appointed, the Provider shall promptly forward the case file to all members of the Panel and shall notify immediately the parties of the Panelists appointed and the date by which the Panel shall forward its decision on the complaint to the Provider.
Article 29 A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the proceedings, new circumstances arise which could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute Panelist.
Prior to the acceptance of appointment as a Panelist, a candidate shall be required to submit to the Provider a Declaration of Independence and Impartiality in writing.
Where either party thinks that any Panelist has material interests with the opposing party and that such circumstance may affect the fair ruling of the case, that party may request to the Provider for removing the Panelist before the Panel has rendered its decision. Removal of the Panelist shall be in the Provider's discretion.
Article 30 No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules.
Chapter VI Hearing and Ruling
Article 31 The Panel shall conduct the proceedings in such manner
as it considers appropriate according to these Rules, and decide a complaint on the basis of the statements and documents submitted and in accordance with CNDRP, as well as any rules and principles of law which it deems applicable. If a Respondent does not submit a response, the Panel shall, in absence of exceptional circumstances, decide the dispute based upon the complaint.
In all cases, the Panel shall ensure that the parties are treated with equality and that each party is given a fair opportunity to present its case, give out its reasons and provide the evidence.
The Panel shall ensure that the proceedings take place with due expedition. It may, at the request of a party, extend, under some special circumstances, a period of time fixed by these Rules.
The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
Article 32 In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the parties.
As to the additional documents submitted by either party besides the complaint and the response, the Panel would not accept them in principle unless the parties have additional agreement or the Panel has made additional decision in that respect.
Article 33 Under the normal circumstances, there shall be no in- person hearings (including hearings by teleconference, videoconference, and web conference), unless the Panel determines that such a hearing is necessary for deciding the complaint and either of the parties is willing to take on the related expenses.
Article 34 In the event that a party, in the absence of exceptional circumstances, does not comply with any of the provisions established by these Rules or any of the time periods fixed by the Panel, the Panel shall proceed to a decision on the complaint.
Article 35 If a party, in the absence of exceptional circumstances, does not comply with any provisions of these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate.
Article 36 In the event of multiple disputes between the parties, either party may petition to consolidate the disputes before a single Panel. This petition shall be made to the first Panel appointed to hear a
pending dispute between the parties. This Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by CNDRP adopted by CNNIC.
Article 37 In the absence of exceptional circumstances, the Panel shall render its decision on the complaint and forward the decision to the Provider within fourteen (14) calendar days of its appointment.
Article 38 The Panelists shall submit the draft decision to the Provider before signing the decision. The Provider may review the form of the award on condition that the Panelists' independence of decision is not affected.
Article 39 In the case of a three-member Panel, the Panel's decision shall be made by a majority. Each Panelist possesses an equal vote. Where the majority cannot be reached, the decision shall be decided by the Presiding Panelist. Any dissenting opinion shall accompany the majority decision.
Article 40 The Panel's decision shall be made in electronic form, provide the final decision and the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelists.
If the Panel concludes that the dispute is not within the scope of CNDRP, it shall so state. If after considering the submissions the Panel finds that the complaint was brought in bad faith, , the Panel may declare in its decision that the complaint constitutes an abuse of the domain name dispute resolution procedure.
Article 41 In the event of any legal or arbitral proceedings initiated prior to or during the domain name dispute resolution proceedings in respect of a domain name which is the subject of the complaint, the Provider or the Panel shall have the discretion to decide whether to suspend or terminate the proceedings, or to proceed to a decision.
Where a party initiates any legal or arbitral proceedings during the pendency of the domain name dispute resolution proceedings in respect of a domain name which is the subject of the complaint, it shall promptly notify the Panel and the Provider.
Article 42 Before the Panel's decision, the domain name dispute resolution proceedings may be terminated, if
(a) The parties agree on a settlement.
(b) The Panel thinks that it becomes unnecessary or impossible to continue the proceedings for other reasons, unless a party raises justifiable grounds for objection within a period of time to be determined by the Panel.
Chapter VII Communication and Publication of the Decision
Article 43 Within three (3) calendar days after receiving the decision from the Panel, the Provider shall notify each party, the relevant Registrar and CNNIC of the full text of the decision via email .
Article 44 Unless the Panel, at request of one party or considering the specific situation of the Case, determines otherwise, the Provider shall publish the full decision on a publicly accessible web site within the time limit stipulated in Article 43.
Chapter VIII Fees
Article 45 The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider's Supplemental Rules, within the time and in the amount required. A Respondent electing to have the dispute decided by a three-member Panel, rather than the single member Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Panel. In all other cases, the Complainant shall bear all of the Provider's fees.
Article 46 No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee in accordance with the Provider's Supplemental Rules.
Article 47 In exceptional circumstances, in the event the Panel, at the request of a party, determines that an in-person hearing is to be held, the Provider shall request the parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.
Chapter IX Supplementary Provisions
Article 48 Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a party for any act or
omission in connection with any proceedings under these Rules.
Article 49 Time limits regulated in this document or decided in accordance with this document shall be counted on the second day of the initiation. The initial date is excluded in the time limit.
If the second day of initial date is a legal holiday, the time limit shall begin with the first working day after the holiday(s). All legal holidays within the time limit shall be counted. If the expiring date is a legal holiday, it shall be extended to the first working day after the holiday(s).
Article 50 The Provider may develop Supplemental Rules in accordance with "Rules for CNNIC Domain Name Dispute Resolution Policy"; or "Simplified Rules" for special domain name disputes under the Items of "CNNIC Domain Name Dispute Resolution Policy" based on "Rules for CNNIC Domain Name Dispute Resolution Policy" and "Supplemental Rules of the Domain Name Dispute Resolution Provider".
Article 51 These Rules are subject to the interpretation of CNNIC.
Article 52 These Rules are effective as from October 8, 2007. The previous "Rules for CNNIC Domain Name Dispute Resolution Policy" (effective as of March 17, 2006) ceases effect simultaneously.
中国互联网络信息中心域名争议解决办法程序规则
第一章 总则与定义
第一条 为了保证域名争议解决程序的公正性、方便性及快捷性，根据中国互联网络信息中心《中 国互联网络信息中心域名争议解决办法》（以下简称《解决办法》）的规定，制定本程序规则。
第二条 根据《解决办法》而进行的域名争议解决程序受本规则及域名争议解决机构根据本规则 制定的《补充规则》所约束。
第三条 本规则（以下简称《程序规则》）中涉及的下列术语的含义是： （一）《解决办法》：指中国互联网络信息中心制定的《中国互联网络信息中 心域名争议解决办法》。《解决办法》构成域名持有人与域名注册服务机构之间的域名注册协议的一部分，对域名持有人具有约束力。 （二） 注册协议：指域名持有人与域名注册服务机构之间签订的域名注册协议。 （三）当事人：指域名争议的投诉人和被投诉人。 （四）投诉人：指对相关域名有争议，并依据《解决办法》与《程序规则》向域名争议解决机构提出投诉的一方当事人。 （五）被投诉人： 指被投诉的域名持有人。 （六）域名注册管理机构：指中国互联网络信息中心（CNNIC）。 （七）域名注册服务机 构：指经中国互联网络信息中心授权，负责受理域名注册申请并完成注册的机构。 （八）域名注册代理机构：指在注册服务机构授权范围内接 受域名注册申请的机构。 （九）域名争议解决机构：指经由中国互联网络信息中心认可与授权，负责解决中国互联网络域名争议的机构。 （十）专家组：指由域名争议解决机构指定的审理有关域名争议投诉的一名或三名专家组成的小组。 （十一）专家：指由域名争议解决机构 认可，并在域名争议解决机构网站上专家名册中公布的、有资格担任域名争议解决机构域名争议专家组成员的人。 （十二）《补充规则》指域 名争议解决机构根据《程序规则》制定的《程序规则》的补充规则。 （十三）《简易规则》指域名争议解决机构根据《程序规则》和《补充规 则》制定的适用于《解决办法》项下特殊类型域名争议的快速程序规则。
第二章 文件的提交与送达
第四条 域名争议案件文件的提交应当遵守以下原则： （一）域名争议解决机构向一方当事人传送的任何文件，必须同时向另一方当事人传送副本； （二）专家组传送给任何一方当事人的文件，必须同时向域名争议解决机构和另一方当事人传送副本； （三）文件传送方有义务为其传送的 文件保留记录，以记载有关文件传送的具体事实和情况，供有关当事方查阅，并用以制作相应的报告； （四）当传送文件的一方当事人收到通 知，被告知未收到其所传送的文件时，或者传送文件的当事人自己认为未能成功地传送有关文件时，该当事人应立即将有关情况通知域名争议解决机构。此后，任何 文件的传送与回复均应当依照域名争议解决机构的指示为之； （五）任何一方当事人均可通知域名争议解决机构，更新其详细的联络信息。
第五条 域名争议解决机构有责任采取有效措施，确保被投诉 人实际收到投诉书。被投诉人实际收到投诉书，或者域名争议解决机构为使被投诉人实际收到投诉书而实施以下行为后，上述责任即视为解除： （一）按照域名注册管理机构及域名注册服务机构WHOIS数据库中记录的域名持有人、管理联系人、技术联系人、承办人和缴费联系人的所有邮政通信及传真 地址，向被投诉人发送投诉书的； （二）按照域名注册管理机构及域名注册服务机构WHOIS数据库中记录的域名持有人、管理联系人、技 术联系人、承办人和缴费联系人的电子邮件地址，或者当域名对应于一个网站时，按照该网站联系方式中提供的电子邮件地址向被投诉人传送电子形式投诉书（包括 可按照相关格式送达被投诉人的附件）的； （三）按照被投诉人自行选择并通知域名争议解决机构的其他通信地址，及在可行范围内由投诉人 根据第十一条第五项提供的所有其他地址向被投诉人发送投诉书的。
第六条 除前条规定的情形外，依本规则向投诉人或被投诉人传送的任何文件均应当根据投诉人或 被投诉人指定的方式进行。在投诉人或被投诉人没有指定时，通过选择以下三种方式进行： （一）通过带有传输确认的传真方式传送； （二）预付邮资并通过带有收据的邮寄或邮政快递方式发送； （三）在能获得传送记录的情况下，通过网络以电子形式传送。
第七条 投诉人和被投诉人向域名争议解决机构或专家组提交 的任何文件均应当按照域名争议解决机构《补充规则》所规定的方法和方式（包括份数）提交。
第八条 除非当事人另有约定或者专家组在特殊情形下另有决定，域名争议解决程序所使用的语 文应为中文。专家组对任何非以中文制作的文件可以要求当事人提交全部或部分中文译文。
第九条 除非本规则另有规定，或者专家组另有决定，本规则规定的所有文件于下列情况下应视 为已经送达： （一）过传真方式传送的，以传送确认书上显示的日期为准； （二）通过邮寄或者邮政快递方式发送的， 以邮寄回执上记载的日期为准； （三）通过网络传送的，在传送日期可予验证的情况下，以该日期为准。
第十条 除非本规则另有规定，本规则规定的期间的起算日 应当是根据前条规定推定的文件最早送达日。
第三章 投 诉
第十一条 任何机构或者个人均可以依据《解决办法》及 《程序规则》的规定向经中国互联网络信息中心授权的域名争议解决机构提出投诉以启动域名争议解决程序。
第十二条 投诉书应当采用电子文件形式提交（无法按规定提 交电子文本投诉书以及没有电子文件格式的附件除外），并应当包括以下内容： （一）依据《解决办法》和《程序规则》进行审理和裁决的明 确请求；； （二）投诉人及其代理人的姓名（名称）、邮政地址、电子邮件地址、联系电话和传真号码； （三）无论是 电子文件还是有形书面文件，均应注明在域名争议解决程序中与投诉人联络的首选方式，包括联系人、联系方式及联络地址； （四）是否选择 处理争议的专家，以及选择由一人还是三人专家组。如果选择三人专家组裁决争议的，投诉人应当从域名争议解决机构专家名册中按其自行决定的顺序选择三名专家 作为候选人，并写明专家姓名。投诉人也可以授权域名争议解决机构代其指定专家； （五）就其所知，写明被投诉人（域名持有人）或其代 表、代理人的姓名（名称）及详细的联络信息（包括所有的邮政地址、电子邮件地址、联系电话和传真号码）。上述信息应详细具体，足以允许域名争议解决机构将 投诉人的投诉书按本规则规定的方式传送给被投诉人； （六）写明争议域名； （七）确定争议域名的注册服务机构和/ 或注册代理机构； （八）投诉人投诉所依据的其针对争议域名所享有的权利或者合法利益，附带能够表明权利状况的所有资料； （九）根据《解决办法》，说明据以提出投诉的理由，尤其应写明： 1、被投诉人（域名持有人）的域名与投诉人享有民事权利的名称或标 志相同，或者具有足以导致混淆的相似性； 2、被投诉人（域名持有人）对该域名或者其主要部分不享有合法权益； 3、被投诉人（域名持有人）对该域名的注册或使用具有恶意； （就第3项而言，投诉人应说明《解决办法》第九条所规定的各个方面。有关 说明文字应遵守域名争议解决机构《补充规则》规定的字数或文件页数的限制。） （十）依据《解决办法》第十三条所寻求的救济方式；