Questions to and Answers from Applicant for .kids

ICANN Questions:

ICANN is in the process of reviewing Blueberry Hill Communications' TLD Application. As outlined in the October 23, 2000 TLD Application Review Update which appears at http://www.icann.org/tlds/tld-review-update-23oct00.htm, ICANN may "gather the additional information [it] require[s] by posing specific questions to applicants in e-mail and requesting a written response."

Keeping in mind the goal to evaluate applications to operate or sponsor new TLDs in as open and transparent a manner as possible, both the questions posed by ICANN and the Applicant's responses will be publicly disclosed on the ICANN website.

Accordingly, ICANN requests your reponses to the following questions:

1. State in detail your position as it relates to possible legal claims by certain applicants and/or non-applicant third parties based on alleged trademark, patent or other violations of purported rights in the TLD identified in your application.

2. If you receive a new TLD, state whether you will indemnify ICANN for claims arising from legal challenges regarding your right to operate the new TLD. If you will indemnify ICANN, identify and describe in detail the resources you propose to utilize for the indemnification.

Blueberry Hill Communications Responses:

1. Blueberry Hill Communications, Inc., (Bluehill.com) recognizes the role of ICANN as the only body that can accredit gTLDs. In addition, we believe that the California Court decision that has been made relating to trademark claims associated with gTLD names, stating that gTLD names can not be trademarked, is a solid court decision based on existing law and establishes the required legal precedence to support a successful defense of any claims that may arise.

Bluehill.com is not aware of any alleged "patent or other violations" that would be infringed or existing claims of such infringement. If awarded a personal gTLD, however, we would be prepared to defend any alleged violations or patent claims associated with our technical solution and to indemnify ICANN any associated legal costs.

2. If awarded a personal gTLD, Bluehill.com will assume all legal expenses associated with claims of other third parties may make in relation to ICANN's right to award the gTLD or related to Bluehill.com's right to operate a registry associated with the awarded TLD. The resources to be utilized includes the use of both Bluehill.com internal legal resources as well as the retention of qualified outside counsel. The verifiable Bluehill.com financial resources required to do so are documented in our .kids application. In addition, our application has made provisions in our Sunrise period to put 1/2 of those funds toward legal defense. Based on the 50% confidence level this would establish a 30 million dollar defense fund. Further we have aligned ourselves with strategic partners that currently have in excess of 1 billion in cash reserves which can be verified by looking at the .per application submitted by Neustar, Inc and Melbourne IT, ltd. (JVTeam). JVTeam has indicated their intention if we are so awarded the .kids gTLD as stategic partners to lend their assistance if that is so required by us.

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