Sponsored TLD Application Transmittal Form

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Novell, Inc.

The leading provider of Net services software

TUCOWS, Inc.

Leading distributor of e-business services and applications

An application is hereby made to sponsor a top-level domain within the Internet Domain Name System (DNS).

A1. This application is made by:

( X ) Sponsoring organization.

( ) Organization(s) or person(s) proposing to form the sponsoring organization (check this item only if the sponsoring organization has not yet been formed).

 

A2. A list of the full legal name, principal address, telephone and fax numbers, and e-mail address of every one of the applicants is attached.

See the attached sheet labeled "A2: Applicants".

A3. The person signing below certifies that he or she has full authority to make this application on behalf of the above organization(s) or person(s) 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.

See the attached documents labeled "A3: Authorization".

A4. All documents linked directly or indirectly from "TLD Application Process: Information for Applicants," posted at <> have been thoroughly reviewed on behalf of applicant. In particular, the following documents have been reviewed:

A4.1. New TLD Application Process Overview, posted at <

A4.2. New TLD Application Instructions, posted at <>.

A4.3. Criteria for Assessing TLD Proposals, posted at <

The applicant (or, if there are multiple applicants, each applicant) understands that failure fully to follow instructions included in these documents will be a factor negatively affecting consideration of this application.

All of these documents have been fully reviewed.

A5. This application consists of the following, in addition to this transmittal form:

A5.1. The Sponsoring Organization's Proposal, with cover sheet and attachments and accompanying materials.

See the accompanying separately bound and clearly labeled Sponsoring Organization's Proposal, with completed and signed cover sheet, attachments, accompanying materials.

A5.2. The Registry Operator's Proposal, with cover sheet and attachments and accompanying materials.

See the accompanying separately bound and clearly labeled Registry Operator's Proposal, with completed and signed cover sheet, attachments, accompanying materials.

A5.3. A Description of TLD Policies, with cover sheet and attachments and accompanying materials.

See the accompanying separately bound and clearly labeled Description of TLD Policies, with a completed and signed cover sheet, attachments and accompanying materials.

A5.4. A Statement of Requested Confidential Treatment of Materials Submitted.

See the attached Statement of Requested Confidential Treatment of Materials that has been completed and signed.

A5.5. Fitness Disclosure of Sponsoring Organization.

See the accompanying separately bound and clearly labeled Sponsoring Organization Fitness Disclosure, with completed and signed cover sheet, attachments, and accompanying material.

A5.6. Fitness Disclosure of Registry Operator.

See the accompanying clearly labeled and separately bound Registry Operator Fitness Disclosure, with completed and signed cover sheet, attachments, and accompanying material.

 

A6. This application is accompanied by one or more 3" floppy diskettes (IBM high density) or a CD-ROM containing files with items A5.1, A5.2, and A5.3 above. Each item is provided in a common word-processing format and in HTML format.

The CD-ROM is enclosed.

A7. 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. The applicant (or, if there are multiple applicants, each 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 agreements with registry sponsors and operators; or that, if this application is selected, the negotiations will lead to entry of such agreements or establishment of a TLD as sought in this application. The applicant (or, if there are multiple applicants, each applicant) under! stands 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.

The check is enclosed.

A8. In the event multiple TLD strings are proposed in this application, the applicant (or, if there are multiple applicants, each 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.

Only one TLD string is being proposed.

A9. The applicant (or, if there are multiple applicants, each applicant) hereby authorizes ICANN to:

A9.1. 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,

A9.2. 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,

A9.3. consult with persons of ICANN's choosing regarding the information in this application or otherwise coming into ICANN's possession.

A10. The applicant (or, if there are multiple applicants, each 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 (or, if there are multiple applicants, each 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 (or, if there are multiple applicants, each applicant) further waives liability on the part of any third parties who provide information to ICANN or its officers, directors, employees, consultants, attorneys, an! d agents in connection with the application.

A11. The applicant (or, if there are multiple applicants, each applicant) hereby authorizes ICANN (and its officers, directors, employees, consultants, attorneys, and agents) to publish on ICANN's web site, and 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 (or, if there are multiple applicants, each 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.

A12. The applicant (or, if there are multiple applicants, each 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.

A13. The applicant (or, if there are multiple applicants, each applicant) hereby agrees, acknowledges, and represents that it has no legally enforceable right 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 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.

A14. The applicant (or, if there are multiple applicants, each 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.

A15. In consideration of ICANN's review of the application:

A15.1. the applicant (or, if there are multiple applicants, each 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 have any liability for its/his/her receipt, consideration, evaluation, analysis, or other activities in any way connected with this application; and

A15.2. the applicant (or, if there are multiple applicants, each applicant) hereby releases and forever discharges ICANN and each of its officers, directors, employees, consultants, attorneys, and agents 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.

A16. Please send an e-mail to the following address acknowledging receipt of this application:

cledbetter@novell.com

By signing this transmittal form, the undersigned certifies, on his or her own behalf and on behalf of each applicant, that all information contained in this application, and in 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 (or, if there are multiple applicants, each 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: Dr. Carl Ledbetter

Title: CTO

Name of Entity to Which Title Applies: Novell, Inc.

Date: 9/29/00

 

(c) 2000 The Internet Corporation for Assigned Names and Numbers

All rights reserved.

Updated August 28, 2000