EDWARD SWEENEY AND VINCENT HAMM ON BEHALF OF RATHBAWN LIMITED
Unsponsored TLD Application Transmittal Form
An application is hereby made to operate the registry for an unsponsored top-level domain within the Internet Domain Name System (DNS).
B1. This application is made by:
Edward Sweeney and Vincent Hamm of 7826 Lone Pine Drive, Golden Co 80402 and 5 Badham Street, Dickson, ACT 2602, Australia
+61 2 6257 6758
Fax +61 2 6257 6759
+61 2 62628511
fax +61 2 62628522
+1 303 271 1288
fax +1 303 279 8667
[List the full legal name, principal address, telephone and fax numbers, and e-mail address of the registry operator.]
Registry operator: Rathbawn Computers Limited, 7826 Lone Pine Drive, Golden Co 80402 and 5 Badham Street, Dickson, ACT 2602, Australia
+61 2 6257 6758
Fax +61 6257 6759
+61 2 6262 8511
fax +61 2 6262 8522
+1 303 271 1288
fax +1 303 279 8667
B2. The person signing below certifies that he or she has full authority to make this application on behalf of the applicant and to make all agreements, representations, waivers, and undertakings stated in this transmittal form and accompanying materials. Copies of the documents demonstrating the authority are attached.
[Attach directly to this transmittal form the documentation of the authority of the person signing. Place the legend "B2: Authorization" at the top of each page of these attachments.]
B3. All documents linked directly or indirectly from "TLD Application Process: Information for Applicants," posted at <http://www.icann.org/tlds/tld-application-process.htm> have been thoroughly reviewed on behalf of applicant. In particular, the following documents have been reviewed:
B3.1. New TLD Application Process Overview, posted at <http://www.icann.org/tlds/application-process-03aug00.htm>.
B3.2. New TLD Application Instructions, posted at <http://www.icann.org/tlds/application-instructions-15aug00.htm>.
B3.3. Criteria for Assessing TLD Proposals, posted at <http://www.icann.org/tlds/tld-criteria-15aug00.htm>.
The applicant understands that failure fully to follow instructions included in these documents will be a factor negatively affecting consideration of this application.
B4. This application consists of the following, in addition to this transmittal form:
B4.1. The Registry Operator's Proposal, with cover sheet and attachments and accompanying materials.
[With this transmittal form, submit a clearly labeled and separately bound Registry Operator's Proposal prepared by the registry operator.]
B4.2. A Description of TLD Policies, with cover sheet and attachments and accompanying materials.
[With this transmittal form, submit a clearly labeled and separately bound Description of TLD Policies prepared by the registry operator.]
B4.3. A Statement of Requested Confidential Treatment of Materials Submitted.
[Whether or not any confidential treatment is sought, please attach the Statement of Requested Confidential Treatment directly to this transmittal form. Place the legend "A5.4: Statement of Requested Confidential Treatment of Materials Submitted" at the top of every page of the statement.]
B4.4. Fitness Disclosure of Registry Operator.
[With this transmittal form, submit a clearly labeled and separately bound Fitness Disclosure prepared by the registry operator.]
B5. This application is accompanied by one or more 3 ˝" floppy diskettes (IBM high density) or a CD-ROM containing files with items B4.1 and B4.2 above. Each item is provided in a common word-processing format and in HTML format.
[Submit the disk(s) with the application.]
B6. Check one:
( x ) This application is accompanied by a check, drawn on a United States bank and payable to the Internet Corporation for Assigned Names and Numbers (ICANN), in the amount of 50,000 United States dollars.
( ) At least five business days before submitting this application, the applicant has sent 50,000 United States dollars by wire transfer according to item I8.2 of the New TLD Application Instructions. This application is accompanied by a wire transfer receipt or other document identifying the wire transfer.
The applicant understands and agrees that this $50,000 is only an application fee to obtain consideration of this application; that the fee will not be refunded or returned in any circumstances (except if this application is not considered due to failure to reach agreement on terms for confidential treatment); that there is no understanding, assurance, or agreement that this application will be selected for negotiations toward entry of an agreement with a registry operator; or that, if this application is selected, the negotiations will lead to entry of such an agreement or establishment of a TLD as sought in this application. The applicant understands and acknowledges that ICANN has the right to reject all applications for new top-level domains that it receives and that there is no assurance that any additional top-level domain will ever be created in the future.
[Be sure to include a valid check drawn on a United States bank in the full amount, or documentation of the wire transfer.]
B7. In the event multiple TLD strings are proposed in this application, the applicant understands (a) that all parts of the application must apply, without significant variation, to all of the strings and (b) that, if ICANN determines in its sole discretion that one or more parts (such as the Business Capabilities and Plan or the Description of TLD Policies) apply to different proposed TLD strings in a significantly different manner, the applicant may be required to elect which of the strings to pursue in this application.
B8. The applicant hereby authorizes ICANN to:
B8.1. contact any person, group, or entity to request, obtain, and discuss any documentation or other information that, in ICANN's sole judgment, may be pertinent to this application,
B8.2. take any other steps to verify, elaborate on, supplement, analyze, assess, investigate, or otherwise evaluate the information contained in this application or other information that, in ICANN's sole judgment, may be pertinent to this application,
B8.3. consult with persons of ICANN's choosing regarding the information in this application or otherwise coming into ICANN's possession.
B9. The applicant understands that difficulties encountered by ICANN in verifying, elaborating on, supplementing, analyzing, assessing, investigating, or otherwise evaluating any aspect within or related to this application may reflect negatively on the application. In consideration of ICANN's review of the application, the applicant hereby waives liability on the part of ICANN (including its officers, directors, employees, consultants, attorneys, and agents) for its (or their) actions or inaction in verifying the information provided in this application or in conducting any other aspect of its (or their) evaluation of this application. The applicant further waives liability on the part of any third parties who provide information to ICANN or its officers, directors, employees, consultants, attorneys, and agents in connection with the application.It is a pre-condition of these waivers that the applicant be informed of and afforded a fair opportunity to rebut any adverse information.
B10. The applicant hereby authorizes ICANN, (and its officers, directors, employees, consultants, attorneys, and agents) subject to compliance by ICANN with the applicant’s confidentiality requirements, to publish on ICANN's web site, and (subject to its obligation of due process under clause B9) to disclose or publicize in any other manner, all materials submitted to, or obtained or generated by, ICANN (or its officers, directors, employees, consultants, attorneys, and agents) in connection with the application, including ICANN's (or their) evaluations and analyses in connection with the application or ICANN's investigation or evaluation of the application, except to the extent set forth in a written and duly signed agreement between ICANN and the applicant on the terms for confidential treatment of particular materials or information submitted by applicant. The applicant grants ICANN and its officers, directors, employees, consultants, attorneys, and agents a license to use any copyright or other intellectual property that applicant may have in any portion of the application for this purpose.
B11. The applicant hereby gives ICANN permission to use the applicant's name and/or logo in ICANN's public announcements (including informational web pages) relating to top-level domain space expansion.
B12. The applicant hereby agrees, acknowledges, and represents that it has no legally enforceable right, other than its administrative and constitutional rights of due process and its rights to confidentiality, to acceptance or any other treatment of this application or to the delegation in any particular manner of any top-level domain that may be established in the authoritative DNS root. It further agrees, acknowledges, and represents that it has no legally enforceable rights other than the rights referred to above in, to, or in connection with any top-level domain by virtue of its preparation or submission of this application or by virtue of ICANN's receipt of this application, ICANN's acceptance of the application fee, ICANN's consideration or other handling of this application, or statements made in connection with this or other applications ICANN receives.
B13. The applicant understands and agrees that it will acquire rights in connection with a top-level domain only in the event that it enters one or more written, duly signed agreements with ICANN, and that applicant's rights in connection with that top-level domain will be limited to those expressly stated in the written, duly signed agreements.
B14. In consideration of ICANN's review of the application:
B14.1. the applicant, for itself and each of its officers, directors, employees, consultants, attorneys, agents, partners, and joint venturers, hereby agrees that neither ICANN, nor any of its officers, directors, employees, consultants, attorneys, and agents, shall, except as set out in these provisions, have any liability for its/his/her receipt, consideration, evaluation, analysis, or other activities in any way connected with this application; and
B14.2. the applicant hereby releases and forever discharges ICANN and each of its officers, directors, employees, consultants, attorneys, and agents, except insofar as the rights referred to in these provisions are concerned, from any and all claims and liabilities relating in any way to (a) any action or inaction by or on behalf of ICANN in connection with this application or (b) the establishment or failure to establish a new TLD.
B15. Please send an e-mail to the following address acknowledging receipt of this application:
[Please fill in the e-mail address to which an acknowledgement should be sent.]
By signing this transmittal form, the undersigned certifies, on his or her own behalf and on behalf of the applicant, that all information contained in this application, and all supporting documents included with this application, is true and accurate to the best of his/her/its knowledge and information. The undersigned and the applicant understand that any material misstatement or misrepresentation will reflect negatively on this application and may cause cancellation of any delegation of a top-level domain based on this application.
Name (please print)
Edward Sweeney and Vincent Hamm on behalf of Rathbawn Computers Limited___
Name of Applicant
02 October 2000_______________________________