Disputes and Appeals

Whilst we try to go the extra mile to serve our customers striving for their 100% satisfaction with the promise of AstronomicalSupport™, we appreciate that complaints are inevitable. As such, we always acknowledge, and deal with them promptly and effectively.

If you wish to make a complaint about a domain name or hosting issue or any other product and service, please email us at abuse(at)rocket(dot)domains, or create a support ticket here including as much detail of the problem as possible. We will acknowledge your complaint within 24 hours and aim to resolve any issues within 3 working days.

If you are not happy with the outcome of your complaint and it is regarding your .uk domain name, please feel free to escalate your issue to Nominet (the .uk registry).

Escalate

If you’re not satisfied with the support or resolution provided, please ask to set up a communications link with the Operations Director or the Managing Director. 

Appeal

If your issue remains unresolved to your satisfaction, please lodge an appeal by writing to the below address, and send a copy to us via email: legal@rocket.domains

Rocket Domains
c/o Citizen Lawyers
201 Reservoir Rd
Birmingham B29 6SX
United Kingdom

Your appeal will be acknowledged within three working days of receipt, and trigger an internal investigation into the issues raised leading to a comprehensive response within 7-10 workings days provided we’re in receipt of all the necessary facts and information to conclude the matter.

In rare circumstances and depending on the complexity of the issue, it may take longer to investigate and conclude the matter in which case we will keep you updated on the action being taken and the applicbale time scales.

Dispute Resolution

All our customers and users of our products and services (“Respondent”) must submit to proceedings under the Dispute Resolution Service if a complainant asserts to us, according to the procedure outlined herein, that:

He/she/ze/they have/has rights with regards to a name or mark which is identical or similar to the domain name in question; and the domain is an Abusive Registration.

According to Nominet, an Abusive Registration means a Domain Name which either:

a) was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the complainant’s rights; OR b) has been used in a manner which took unfair advantage of or was unfairly detrimental to the complainant’s rights which may include without limitation Trademark rights;

The complainant is required to prove, on the balance of probabilites, to the Expert that both elements are present in the case being looked at by the said Expert who is to be appointed as per the terms of this polic and our other terms and conditions.

Abusive Registration Evidence

A non-exhaustive list of factors which may demonstrate, on the balance of probabilities, that the domain name in questions is an Abusive Registration is below:

  • Circumstances indicating that the Respondent has registered or otherwise acquired the Domain Name:
    • primarily for the purposes of selling, renting or otherwise transferring it to the complainant or to a competitor of the complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly associated with acquiring or using the same;
    • to block registration of a name or mark in which the complainant has rights; or
    • primarily for the purpose of unfairly disrupting complainant’s business or its reputation;

  • Circumstances indicating that the Respondent is using the Domain Name in a manner which has confused people or businesses into believing that the Domain Name is registered to, operated or authorised by, or otherwise connected with the complainant;

  • In combination with other circumstances indicating that the domain name in question is an Abusive Registration, the complainant can show that the Respondent has a pattern of making Abusive Registrations; or it is independently verified that the Respondent has given false contact details to us. Failure on the Respondent’s part to use the Domain Name for the purposes of e-mail or a web-site is not in itself evidence of an Abusive Registration.

How the Respondent may counter allegations of an Abusive Registration

A non-exhaustive list of factors which may evidence that the domain name in question is not an Abusive Registration is below:

Before being informed of the Complaint, the Respondent has:

  • used or made demonstrable preparations to use the domain in connection with a genuine offering of goods or services;
  • been known by the name or legitimately connected with a mark which is identical or similar to the domain name in question;
  • made legitimate non-commercial or fair use of the domain name; or
  • the domain name is generic or descriptive and the Respondent is making fair use of it.

Fair use may include without limitation websites operated solely to praise or criticize a person or business, provided that if:

  • the domain name (excluding its extension suffixes) is identical to the name in which the complainant claims to have rights, without any addition; and
  • the Respondent is using or intending to use the domain name to praise or criticize a person or business without the complainant’s authorisation then the burden of proof will shift to the Respondent to demonstrate that the domain name is not an Abusive Registration.

Mediation

After we have received the parties’ submissions on the above issues, we will initiate and conduct a period of informal Mediation under this policy and our terms and conditions.

Appointment of Expert

If the mediation does not lead to reaching a resolution that is acceptable to all parties, we will notify them of our intention to appoint an Expert and request the Complainant to pay the applicable fees within the time frame mentioned below.

The Expert will independently reach a written decision for the parties, which may also be published in full on our web site at our sole discretion.

Disclaimer of Liability

Neither we nor our directors, officers, employees or servants nor or partners, associates, or Expert shall be liable to a party for anything done or omitted in connection with any proceedings under this dispute resolution policy unless the act or omission is shown to have been deliberately done in bad faith.

Appeals & Recourse to Courts

Either parties will have the right to appeal a Decision under this policy. The appeal panel will consider appeals on the following basis:

a) that a matter be re-examined on the facts; and/or
b) that correct procedure has not been followed

We may refer questions of interpretation of the policy, procedure outlined herein as well as our terms and conditions to the appeal panel. Any decision rendered as a result of our referral will not affect any decision previously made under the dispute resolution policy.

Although we may publish decisions of the appeal panel, these will not have precedent value. However, these will be of persuasive value to Experts in future decisions.

The operation of the dispute resolution under this policy will not prevent any of the parties from seeking resolution of the dispute from a court of competent jurisdiction.

Implementation of Expert Decisions

If the Expert reaches a decision to cancel, suspend, transfer or otherwise amend a domain name registration, we will implement that decision by making requisite changes in due course.

We will not cancel, transfer, activate, deactivate or otherwise amend the domain name registration except as set out in this policy and our terms and conditions.

Transfers Whilst a Dispute is Pending

A Respondent may not transfer a Domain Name whilst proceedings under this policy are ongoing in relation to the domain name or for a period of ten (10) Days after their conclusion. This restriction won’t apply where the parties have reached a settlement which is approved by us whether or not as a result of this dispute resolution policy.

The domain may also not be transferrable during court proceedings or arbitration in respect of the domain in a court of competent jurisdiction.

We reserve the right to stop or reverse, if possible, any transfer of a domain which does not comply with this policy.

Furthermore, a Respondent may not without the Complainant’s consent (which the Complainant will not unreasonably withhold) transfer the hosting of a domain to another service provider whilst proceedings under the dispute resolution policy are ongoing in respect of the domain or for a period of ten (10) days after the conclusion of the dispute resolution.

Lastly,

We reserve the right to make reasonable modifications to this policy at any time.

The Respondent agrees to be bound by this policy as well as our other policies, procedures and terms and conditions which are current at the time an issue arises until its conclusion for good.