gTLD | Full Legal Name | E-mail suffix | Detail | .art | Dadotart, Inc. | deviantart.com | View |
18.3.1 What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)?
Dadotart believes the proposed operating rules that undertake to initially reserve key names including trademarks, as well as its proposed policies on eligibility, name selection and name use will provide clarity and predictability to name registration, thereby reducing social costs. In full operation the .ART gTLD will provide a trusted online environment for the arts community. There should be no need for other trademark and brand owners to defensively register in the gTLD. This verified eco-system also provides consumers with a single trusted source for arts information and communication. Dadotart also believes that the safeguards set forth in the Applicant Guidebook and the proposed business modeled outlined in Sections 18.1 and 18.1.2 and the policies planned and noted in 18.2.4 will minimize and potential negative social costs.
18.3.2 What other steps will you take to minimize negative consequences⁄costs imposed upon consumers?
Dadotart believes that the proposed operation of the .ART gTLD as set forth in this application has no known negative consequences or cost implications for consumers. To the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to consumers. Dadotart believes that by following the core values as identified in Section 18.2 it will be able provide real value to the consumer and minimize any potential negative consequences⁄costs.
More particularly, the three phases of PAB creation, pre-launch, and launch and ongoing registration of the .ART gTLD are designed to minimize social costs and negative externalities. They protect potential registrants and potentially affected parties while maximizing the value of the name space to its registrants and users.
This approach is based on the premise that extensive screening efforts by the registry in the early stages will create a fair and orderly name space with lower compliance costs in the long term.
18.3.3 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
In phases and areas where the first-come-first-served principle tends to yield perverse results, alternative modes will be used.
(1) In the PAB creation phase community research will identify names to be entered into reserved lists and the rules by which they will be allocated;
(2) In the pre-launch phase key portal names of use to the entire community will be registered and used for communication and outreach; and
(3) A launch phase led by protection for and registration by trademark holders and those eligible to hold names on reserved lists.
It is anticipated that the pre-launch portal development program identified in (2) above will involve key participants in the Art Community. The portal development program will allocate domain names based on an open and transparent project selection process. This process is highly economical in terms of social costs and yields substantial external benefits.
The portal development program is an essential part of .ART outreach. It begins before delegation of the TLD. In terms of workload and it mainly affects proposers who themselves are required to demonstrate support for their projects. Support will be required to come from the segment of the community concerned with the respective portion of the name space. Given the high value of the resulting on-line resources for the community and the public interest, and given the economic benefits that can be derived from their operation, the administrative effort is largely justified. To further protect affected parties, all adjudications in name space mandates have a safety-valve clause, allowing for later adjustments based on community input. The principle of the safety-valve is that affected parties can obtain adjustments to a component of a mandate if they propose (and commit to) an improved use of the underlying domain names from a public interest perspective.
The launch programs referred to in (3) above combine the so-called “sunrise” and “landrush” processes simultaneously in one phase. The use of domain applications instead of domain registrations means that the registry accepts multiple applications the same domain name. (By contrast, only a single registration can exist for a given domain.) In this way, contention resolution can take place without time pressure in a transparent, fair and orderly manner.
At the time of ongoing registration the first-come rule will be followed. Registrations will be checked in a post-validation process and subject to an enforcement program based on statistically targeted random investigation and complaint follow-up. This program minimizes both costs to registrants and third parties. In particular, it strongly diminishes the attractiveness of rights violations, abuse or malignant behavior. Having been preceded by a controlled launch phase, the validation and enforcement workload faces no resource bottleneck and thus achieves a high degree of credibility, further dissuading abuse from the start. This mode of operation has a strong positive side effect in the interest of trademark holders.
18.3.3 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come⁄first-serve basis?
As described below, during pre-launch and launch phase, the first-come-first-served principle is NOT applied. Adjudication by auction is one of the solutions available to the parties in the context of the contention resolution process. In the phase of ongoing registrations the first-come⁄first-served basis of name allocation will be followed, unless the name is one that is on a reserved list, in which case the allocation rules applicable to that list will be followed.
In phases and areas where the first-come-first-served principle tends to yield perverse results, alternative modes will be used.
(1) In the PAB creation phase community research will identify names to be entered into reserved lists and the rules by which they will be allocated;
(2) In the pre-launch phase key portal names of use to the entire community will be registered and used for communication and outreach; and
A launch phase led by protection for and registration by trademark holders and those eligible to hold names on reserved lists.
It is anticipated that the pre-launch portal development program identified in (2) above will involve builders and users in the Art community. The portal development program will allocate domain names based on an open and transparent project selection process. This process is highly economical in terms of social costs and yields substantial external benefits.
The portal development program is an essential part of .Art outreach. It begins before delegation of the TLD. In terms of workload, it mainly affects proposers who themselves are required to demonstrate support for their projects. Support will be required to come from the segment of the community concerned with the respective portion of the name space. Given the high value of the resulting on-line resources for the community and the public interest, and given the economic benefits that can be derived from their operation, the administrative effort is largely justified. To further protect affected parties, all adjudications in name space mandates have a safety-valve clause, allowing for later adjustments based on community input. The principle of the safety-valve is that affected parties can obtain adjustments to a component of a mandate if they propose (and commit to) an improved use of the underlying domain names from a public interest perspective.
The launch programs referred to in (3) above combine the so-called “sunrise” and “landrush” processes simultaneously in one phase. The use of domain applications instead of domain registrations means that the registry accepts multiple applications the same domain name. (By contrast, only a single registration can exist for a given domain.) In this way, contention resolution can take place without time pressure in a transparent, fair and orderly manner.
At the time of ongoing registration the first-com rule will be followed. Registrations will be checked in a post-validation process and subject to an enforcement program based on statistically targeted random investigation and complaint follow-up. This program minimizes both costs to registrants and third parties. In particular, it strongly diminishes the attractiveness of rights violations, abuse or malignant behaviour. Having been preceded by a controlled launch phase, the validation and enforcement workload faces no resource bottleneck and thus achieves a high degree of credibility, further dissuading abuse from the start. This mode of operation has a strong positive side effect in the interest of trademark holders.
18.3.4 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).
The focus of the .ART gTLD is a competitive cost to registrants and stakeholders that takes into account the limited community nature of the gTLD. This takes into account all burdens, including the effort needed to register or the potential alternative cost to obtain a name on the secondary market. The direct per-unit cost is merely a component of the bottom-line cost.
The cost is greatly reduced by avoiding contention between legitimate community-based applicants and speculators. Community-specific promotion code programs will be used from time to time to offer registrations at low cost. This is a way to avoid perverse effects of low prices, such as speculation with ultimately high costs to registrants, large-scale confusion and waste of the name space, or cybersquatting.
The portal development program will have special terms in order ensure that key portions of name space are used in the public interest.
18.3.5 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.
The .ART TLD will not be based on or otherwise involve contractual clauses regarding price escalation between the .ART Registry and its registrars.
The .ART business plan is designed to avoid any future necessity to increase registry price in real terms. The fundamental principle is prudence: starting from conservative price levels that allow self-sustainability at the registration levels projected and gradually lowering prices as registration volumes increase beyond the minimum necessary for self-sustained operation. This method ensures sufficient financial reserves, favors optimal allocation of domain names, helps prevent misuse and supports an orderly registration process.
gTLD | Full Legal Name | E-mail suffix | Detail | .Golf | Dot-Golf LLC | tldassets.com | View |
Dot-Golf LLC
Question 18C
Dot-Golf LLC intends to operate the .Golf top-level domain under a coherent, transparent and sustainable process to minimize social costs and maximize value for registrants and Internet users. The registry will correspond and comply with ICANN to incorporate the best practices and policies available. We will also coordinate with appropriate golf bodies and organizations to ensure and maintain the integrity and spirit of the game of golf. Wherever possible, we will contribute our thoughts, ideas and initiatives in a constructive manner to improve these processes.
ICANN has indicated over time a series of consensus policies for new gTLD applicants to incorporate into their registration policies. It is our intention to monitor and comply with policies set by ICANN, and to contribute to the formation of a fair, professional and transparent process through the New gTLD program.
We will also remain open and responsive to prospective registrants and intend to develop initiatives to encourage participation at the appropriate stages. In this regard, our applications have already been compiled or reviewed to varying extents by Loeb and Loeb LLP, attorneys at law, Edward White & Co., LLP, certified public accountants, our registry services provider Afilias and TLD Assets LLC. A number of other former ICANN staff, registries and registrars, companies and consultants in a number of fields have also informally contributed to our understanding of the New gTLD Program and the appropriate policies. Please review below a compilation of policies intended to address the issues referred to in this question.
It is also our understanding that many of these policies are subject to modifications, particularly as a result of issues that may be generated from the new gTLD application process in 2012. As a potential registry operator, we have reviewed the current public information and taken numerous professional consultations.
With respect to the game of golf, Dot-Golf LLC has taken numerous consultations and engaged in discussions with prominent golfing organizations.
The amateur game is governed by the Royal and Ancient Club of St. Andrews (R&A) and the United States Golf Association (USGA). The professional game is governed by PGA Tours around the world, and most golfers recognize the U.S. PGA Tour and the European Tour as the most prominent. After a number of discussions with the parties above, Dot-Golf LLC was advised that the International Golf Federation (IGF), based in Switzerland, had been appointed to evaluate the opportunity of the .Golf TLD. While the IGF and supporting entities are not formally supporting any applicants at this time, The IGF and its leadership has informally expressed an interest in working with Dot-Golf LLC should it be successful in contracting for .Golf.
Below is a preliminary description of policies for Dot-Golf LLC, which may be applied to issues of social cost and consumer vulnerabilities. Dot-Golf LLC plans to take additional consultations and interact with the appropriate governing bodies or service providers as necessary to update registration policies in relation to any potential changes by ICANN.
Trademarks & Dispute Resolution
The launch of .Golf will include the operation of a trademark claims service according to the defined ICANN processes for checking a registration request and alerting trademark holders of potential rights infringement.
Dot-Golf LLC will make a formal announcement to notify the public of an upcoming Sunrise period at least 30 days prior to the opening of Sunrise. Exact dates and parameters will be released prior to the beginning of Sunrise. Dot-Golf LLC intends to work the Trademark Clearinghouse to check and verify registered marks. Dot-Golf LLC also intends to fully comply with Uniform Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS), Post-Delegation Dispute Resolution Policy (PDDRP), any other rights protection mechanisms (RPMs) and WHOIS requirements throughout the Sunrise and Landrush periods, and after standard registrations begin. Further detail and descriptions of RPMs are given in our response to Question 29.
Sunrise will consist of a period of at least 30 days. Trademark and service mark holders will be able to reserve marks that are an identical match in the .Golf domain. Recurring annual fees will be standardized in accordance with fees set at preregistration levels. Those wishing to reserve marks in the .Golf domain during the Sunrise Period must own a current trademark or service mark listed in the Trademark Clearinghouse.
Notice will be provided to all trademark holders in the Clearinghouse if someone is seeking a Sunrise registration. This notice will be provided to holders of marks in the Clearinghouse that are an Identical Match (as defined in the Trademark Clearinghouse) to the name to be registered during Sunrise.
Each Sunrise registration will require a minimum term of five years.
Dot-Golf LLC will establish the following Sunrise eligibility requirements (SERs) as minimum requirements, verified by Clearinghouse data, and incorporate a Sunrise Dispute Resolution Policy (SDRP). The SERs include: (i) ownership of a mark that satisfies the criteria set forth in section 7.2 of the Trademark Clearinghouse specifications, (ii) description of international class of goods or services covered by registration; (iii) representation that all provided information is true and correct; and (iv) provision of data sufficient to document rights in the trademark.
The SDRP will allow challenges based on the following four grounds: (i) at the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; (ii) the domain name is not identical to the mark on which the registrant based its Sunrise registration; (iii) the trademark registration on which the registrant based its Sunrise registration is not of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; or (iv) the trademark registration on which the domain name registrant based its Sunrise registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announced the applications received.
A Landrush period will be held following the Sunrise period. The Landrush period will last at least 30 days. Registration will be open to the general public. However, Dot-Golf LLC will make efforts to publicize the Landrush period, particularly to the golf industry and community. Landrush will not consist of on a first-come, first-serve basis, and is created primarily to allow the golf industry and community adequate time to apply for a domain. On a case-by-case basis, multiple applications for the same domain name may be subject to dispute resolution mechanisms or an auction. The Landrush period may be extended beyond 30 days. Terms and conditions will be set by Dot-Golf LLC prior to the launch of Landrush.
Abusive conduct will not be tolerated during preregistration or at any time, and an abuse point of contact will be maintained at all times.
After the completion of Sunrise and Landrush periods, standard registrations will begin, and domains will be awarded to registrants on a first-come first-serve basis.
Abusive Conduct & Terms of Use
An anti-abuse policy will be enacted and publicly released prior to sunrise and launch of the .Golf TLD.
Dot-Golf LLC will reserve the right to disqualify registrants or their agents from making or maintaining any registrations or reservations in the .Golf TLD if these registrants are found to have repeatedly engaged in abusive registrations, in its sole discretion.
Abusive use(s) of the .Golf domain should not be tolerated.
The nature of such abuses creates security and stability issues for the registry, registrars and registrants, as well as for users of the Internet in general. Dot-Golf LLC defines abusive use as the wrong or excessive use of power, position or ability, and includes, without limitation, the following:
- Illegal or Fraudulent Actions;
- Spam: The use of electronic messaging systems to send unsolicited bulk messages. The term applies to e-mail spam and similar abuses such as instant messaging spam, mobile messaging spam, and the spamming of Web sites and Internet forums. An example, for purposes of illustration, would be the use of email in denial-of-service attacks;
- Phishing: The use of counterfeit Web pages that are designed to trick recipients into divulging sensitive data such as usernames, passwords, or financial data;
- Pharming: The redirecting of unknowing users to fraudulent sites or services, typically through DNS hijacking or poisoning;
- Willful distribution of malware: The dissemination of software designed to infiltrate or damage a computer system without the ownerʹs informed consent. Examples include, without limitation, computer viruses, worms, keyloggers, and trojan horses;
- Fast flux hosting: Use of fast-flux techniques to disguise the location of Web sites or other Internet services, or to avoid detection and mitigation efforts, or to host illegal activities. Fast-flux techniques use DNS to frequently change the location on the Internet to which the domain name of an Internet host or name server resolves. Fast flux hosting may be used only with prior permission of Dot-Golf LLC;
- Botnet command and control: Services run on a domain name that are used to control a collection of compromised computers or ʺzombies,ʺ or to direct denial-of-service attacks (DDoS attacks);
- Distribution of child pornography; and
- Illegal Access to Other Computers or Networks: Illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individualʹs system (often known as ʺhackingʺ). Also, any activity that might be used as a precursor to an attempted system penetration (e.g., port scan, stealth scan, or other information gathering activity).
Pursuant to Section 3.6.5 of the RRA, Dot-Golf LLC reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Dot-Golf LLC, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by Dot-Golf LLC or any Registrar in connection with a domain name registration. Dot-Golf LLC also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute. Abusive uses, as defined above, undertaken with respect to .Golf domain names shall give rise to the right of Dot-Golf LLC to take such actions under Section 3.6.5 of the RRA in its sole discretion.
Dot-Golf LLC will maintain an Abuse Contact at all times from the opening of sunrise and continuing into the standard registration period.
Reserved Names
Dot-Golf LLC will also maintain a reserved list. Some of these names will be reserved for regulatory or informational purposes. ICANN has already determined several of these on behalf of registry operators. Examples can be found in Specification 5 of the sample New gTLD Registry Agreement provided by ICANN in the Applicant Guidebook. Dot-Golf LLC intends to fully comply with this list and any additions that may be made in the future.
Dot-Golf LLC will continue to take consultations in an effort to maintain this list and the .Golf domain in a sensitive and respectful manner to the global golfing community. Dot-Golf LLC will reserve the right to disqualify registrants or their agents from making or maintaining any registrations or reservations in the .Golf TLD if these registrants are found to have repeatedly engaged in abusive registrations, in its sole discretion.
Some premium names will also be put on a reserved list and will be reserved for auction. Some premium names may be awarded to individuals or companies through a transparent process in the interest of developing key services or initiatives under the .Golf domain. For example, Dot-Golf LLC may host a “Founders Program,” whereby people may apply for a premium name and demonstrate a valuable use. This will be done within reason and on a limited basis.
Dot-Golf LLC will not intentionally attempt to put trademarked names on the premium section of the reserved list, and will cooperate with any appropriate rights protection mechanisms. Premium domains will be established prior to launch.
Trademark “frontrunning,” the process of registering trademarks for valuable domain names that have not been released to the general public for the sole purpose of securing the domain at a lower price, is deemed to be abusive to the registry and will not be recognized.
Finally, certain geographic names will be reserved and handled in accordance with procedures delegated by ICANN. For more detail on this section, please refer to Question 22.
Pricing Controls
Dot-Golf LLC fully intends to comply with the consensus policies outlined in sections 2.9 and 2.10, Article 2, of the sample New gTLD Registry Agreement provided in the New gTLD Applicant Guidebook, and to adapt to any changes made by ICANN in the future.
Summarizing these policies, Dot-Golf LLC intends to sell domains only through accredited ICANN registrars, to give clear and advance notices of prices or changes to prices for both initial sales and the renewal of domain registrations, to allow registrars and customers to purchase names for a period of 1-10 years and to comply with any further pricing control requirements that may be currently listed or later delegated by ICANN.