Questions to and Answers from Applicant for .tel

ICANN is in the process of reviewing Number.Tel's 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.

Number.Tel Responses:

1. There are no outstanding claims of any kind against Number.tel in connection with our TLD proposal (or any other matter.) We are confident that no applicant or non-applicant could bring a legitimate claim based on trademark, patent or other alleged violation of rights against Number.tel or any individuals associated with Number.tel based on any of the actions connected with the TLD application. In the event that such claims are brought, Number.tel will vigorously defend itself, seek an early dismissal of the complaint, and bring counterclaims if appropriate.

2. If Number.tel receives a new TLD, it would be willing to indemnify ICANN for any liability imposed on ICANN resulting from trademark, patent or other violations of purported rights in the new TLD by Number.tel. In order to ensure that Number.tel could pay the expenses of such indemnification if necessary, it would take one or more of the following steps -- arrange for a bond, set aside a portion of our reserve fund, or include coverage for such indemnification in a liability insurance policy.