I. GENERAL TLD POLICIES
E1. In General.
E2. TLD String.
E3. Naming conventions.
E4. Registrars.
E5. Intellectual Property Provisions.
E6. Dispute Resolution.
E7. Data Privacy, Escrow, and Whois.
E8. Billing and Collection.
E9. Services and Pricing.
E10. Other.
II. REGISTRATION POLICIES DURING THE START-UP PERIOD
(Required for all TLDs)
E11. Start-up Policies:
E12. Rush for Registration Policies
E13. Registration Limits
E14. Pricing Mechanisms
E15. Sunrise Period
III. REGISTRATION RESTRICTIONS (Required for restricted
TLDs only)
IV. CONTEXT OF THE TLD WITHIN THE DNS (Required
for all TLDs)
E22. Benefits of the TLD
E23. Distinquishing TLDs
E24. Markets Served
E25. Unmetn Needs
E26. DNS Systme Enhancement
E27. Competition
V. VALUE OF PROPOSAL AS A PROOF OF CONCEPT (Required
for all TLDs)
E28. "Proof of Concept"
E29. What concepts are likely to be proved/disproved
by evaluation of the introduction of thisTLD in the manner you
propose?
E30. How do you propose that the results of the
introduction should be evaluated?
E31. In what way would the results of the evaluation
assist in the long-range management of theDNS?
E32. Are there any reasons other than evaluation
of the introduction process that this particularTLD should be
included in the initial introduction?
Attachments
E1_A: User Agreement
E1_B: Dispute Policy
E1_C: Privacy Policy
Image Online Design has implemented a number of policies which govern theoperation of the .Web registry. Current policies include:
.Web User Agreement (attachment E1_A)
.Web Dispute Policy (attachment E1_B)
.Web Privacy Policy (attachment E1_C)
ICANN Uniform Dispute Resolution Policy
The proposed TLD string is "web." Image Online Design has been operating the.web registry for the past four years. The registry to date has received substantialworldwide support from the Internet community and is widely regarded as a desirablenew TLD string.
The .web registry will be operated in an open and competitive fashion. Specifically, the registry will compete directly with .com, .net, .org and any new TLD. Registrants will be allowed to register second level domain names within the .webregistry without any additional hierarchical structure.
Initially, all registrations will be processed by the registry operator. Soon afterentering the root, all domain name registrations will be processed through ICANNaccredited registrars. Image Online Design will divest its registrar operations, forming aseparate company (Image Online Design Registrar Company) facilitating completecompetition for .web registrations. Similar to the process used by Network Solutions,Image Online Design may require an initial test period which will include a number oftest bed registrars to ensure technical stability. The respective roles, functions, andresponsibilities for the registry operator and registrars will closely follow the current .comworking model. As all registrars will be ICANN accredited registrars, it is expected thatImage Online Design Registrar Company will seek ICANN accreditation.
E5. Intellectual Property Provisions.
E5.1. What measures will be taken to discourage registration of domain namesthat infringe intellectual property rights?
Image Online Design recognizes the longstanding and legitimate concernswith regard to trademark violations on the Internet. We are committed toprotecting intellectual property rights of trademarks holders. Accordingly, wehave adopted ICANN's Uniform Dispute Resolution Policy to ensure trademarksare afforded the proper protection. Additionally, we propose to give trademarkholders preemptive rights to challenge existing .web registrations. Once .web isaccepted by ICANN as a new TLD, this process would allow trademark holders,during a phase in period, to place existing .web registrations on hold pending theresolution of a dispute under either the Uniform Dispute Policy or filed with acourt of competent jurisdiction. Lastly, during a phase in period, we intend tooffer a free one-for-one exchange of any .web registration currently held by aregistrant for any other available .web name. It is our aim that this one-for-oneexchange will encourage those registrants who may have registered a domainname which infringes upon rights of another to exchange that domain name forone which does not. The exchange program will be offered until the 14 dayblackout period prior to entering the root. See E5.3 below. Taken as a whole, webelieve these policies will substantially reduce trademark violations in the .WebTLD.
E5.2. If you are proposing pre-screening for potentially infringing registrations,how will the pre-screening be performed?
No pre-screening of registrations for potential infringement will takeplace. Any pre-screening process would require Image Online Design to evaluatethe strength or merits of a trademark and domain name. We are not qualified norhave authority to make such an evaluation. Therefore, we will defer suchevaluations to courts of law or similar administrative bodies or panels. Thepublicly accessible look-up system (whois) currently in use offers sufficientsearch capabilities for trademark holders to monitor the registration database forpotential infringement of trademarks. The operation of the look-up system isdetailed in section E5.6 below.
E5.3. What registration practices will be employed to minimize abusiveregistrations?
In addition to the measures discussed in E.5.1 and E.5.2, the registry willcease taking new registrations during a 14 day blackout period prior to enteringthe root. This blackout period will enable trademark holders to scan domainnames currently registered for any potential infringement and to bring anappropriate action to remedy that infringement. This policy will be aggressivelypublicized to allow trademark holders sufficient opportunity to police theirtrademarks during the blackout period.
Additionally, at no time will Image Online Design allow anyone to registera domain name without the payment of the registration fee. For customers withestablished credit with Image Online Design, payment may be made within alimited amount of time, but must be paid. For customers without establishedcredit with Image Online Design, payment must be made at or before the time ofthe domain name registration. This policy will prevent persons from stockpilingnumerous domain names without payment of registration fees, only to re-registerthe same domain names when an arbitrary payment deadline expires, againwithout payment of registration fees.
E5.4. What measures do you propose to comply with applicable trademark andanti-cybersquatting legislation?
Image Online Design is in full compliance with all United States lawpertinent to trademark and anti-cybersquatting issues. Additionally, Image OnlineDesign will comply with orders from courts of competent jurisdiction andarbitration decisions issued under the UDRP.
E5.5. Are you proposing any special protections (other than during the start-upperiod) for famous trademarks?
No. Much like pre-screening for potentially infringing registrations (seeE5.2), affording any special protection to famous trademarks would require ImageOnline Design to evaluate the strength of those marks. Accordingly, becauseImage Online Design is not qualified nor does it have authority to make such anevaluation, we defer such evaluations to courts of law or similar administrativebodies or panels. The publicly accessible look-up system (WHOIS) currently inuse offers sufficient search capabilities for trademark holders to monitor theregistration database for potential infringement of trademarks. The operation ofthe look-up system is detailed in section E5.6 below.
E5.6. How will complete, up-to-date, reliable, and conveniently provided Whoisdata be maintained, updated, and accessed concerning registrations in the TLD?
Complete data on all registrations, registrants and DNS zone information is contained in the .Web Registry database, and is made available both via a web-based form and a traditional port-43 whois interface. Both interfaces retrieve theirdata directly from the registry database so as to provide up-to-the-minuteinformation.
E6.1. To what extent are you proposing to implement the Uniform DisputeResolution Policy?
Image Online Design has adopted the ICANN Uniform Dispute Policy andwill honor opinions from ICANN approved arbitration providers. Additionally,Image Online Design will comply with any court orders from courts of competentjurisdiction regarding any .Web domain registration.
Our User Agreement (attachment E1_A) and Dispute Policy (attachment E1_C) detail our adherence to the UDRP.
E6.2. Please describe any additional, alternative, or supplemental disputeresolution procedures you are proposing.
Image Online Design is committed to improving the UDRP to ensure aproper balance between property rights and user's rights. To that end, we willactively participate in industry working groups addressing this pressing issue.
E7. Data Privacy, Escrow, and Whois. Describe the proposed policies on data privacy, escrowand Whois service.
Image Online Design intends to adopt the policies on data privacy, escrow andWhois service set forth in www.icann.org\nsi\nsi-registry-agreement-04nov99.htm.
Additionally, our User Agreement (attachment E1_A) and Privacy Policy(attachment E1_C) further detail our policies.
Complete data on all registrations, registrants and DNS zone information iscontained in the .Web Registry database, and is made available both via a web-basedform and a traditional port-43 whois interface.
E8. Billing and Collection. Describe variations in or additions to the policies for billing andcollection.
As indicated above, at no time will Image Online Design allow anyone to registera domain name without the payment of the registration fee. For customers withestablished credit with Image Online Design, payment may be made within a limitedamount of time, but must be paid. For customers without established credit with ImageOnline Design, payment must be made at or before the time of the domain nameregistration. This policy will prevent persons from stockpiling numerous domain nameswithout payment of registration fees, only to re-register the same domain names when anarbitrary payment deadline expires, again without payment of registration fees.
E9. Services and Pricing. What registration services do you propose to establish charges for and,for each such service, how much do you propose to charge?
Registration of second-level domain names in the .Web zone will be charged $15per name, per year at the registry, and an additional $20 per name, per year at theregistrar, for a total of $35 per name, per year. It is also anticipated that additionalservices such as DNS record hosting, web hosting, email forwarding, and other servicesthat have been developed in our proof-of-concept and which will be developed in thefuture will be offered at pricing to be determined.
E10. Other. Please describe any policies concerning topics not covered by the above questions.
None.
II. REGISTRATION POLICIES DURING THE START-UP PERIOD (Required for all TLDs)
E11. In this section, you should thoroughly describe all policies (including implementationdetails) that you propose to follow during the start-up phase of registrations in the TLD, to theextent they differ from the General TLD Policies covered in items E1-E9. The followingquestions highlight some of the areas that should be considered for start-up policies:
Responsive answers are provided to the specific questions which follow.
E12. How do you propose to address the potential rush for registration at the initial opening ofthe TLD? How many requested registrations do you project will be received by the registryoperator within the first day, week, month, and quarter? What period do you believe should beconsidered the TLD's "start-up period," during which special procedures should apply?
Image Online Design has taken great steps to ensure our systems will be capableof providing adequate capacity to handle such an initial rush for registrations. Specifically, section D15.2.10 ("Peak Capacities") details our ability to process up to 2million registrations per day. Our initial registration projections are detailed in section D13.2.2 and D13.3_A page F-63. Specifically we anticipate over 853,000 newregistrations during the first quarter of operation. Our systems have been designed toprocess more than that each day!
E13. Do you propose to place limits on the number of registrations per registrant? Per registrar?If so, how will these limits be implemented?
Image Online Design will not limit the number of registrations per registrant orregistrar. Registrants will be served on a first come first serve basis.
E14. Will pricing mechanisms be used to dampen a rush for registration at the initial opening ofthe TLD? If so, please describe these mechanisms in detail.
No pricing mechanism will be used to dampen a rush or registration. A set fee,currently $35 per year, will be charged for each domain name registered. Image OnlineDesign feels that increasing the initial cost of registrations is less desirable than providingadequate capacity to handle the rush for registrations at the initial opening of the TLD. Increasing the initial cost of registrations creates, in effect, a Dutch auction for domainnames, which gives an unjustified advantage to wealthier entities in obtaining the mostdesirable registrations. At the same time, such a system results in a windfall for theregistry and registrar unwilling to invest adequate resources to adequately handle theinitial rush for registrations.
E15. Will you offer any "sunrise period" in which certain potential registrants are offered theopportunity to register before registration is open to the general public? If so, to whom will thisopportunity be offered (those with famous marks, registered trademarks, second-level domains inother TLDs, pre-registrations of some sort, etc.)? How will you implement this?
The inherent difficulty in giving priority to owners of trademarks is that it is afundamental premise of trademark law throughout the world that different entities areallowed to use the identical mark so long as there is not likelihood of consumer confusionbetween the two uses. For example, there are scores of entities that use the markUNITED, or variations thereon, on a variety of different goods and services withoutconfusion to consumers. This includes United Van Lines and United Airlines whoseUNITED mark is arguably one of the more famous marks in the world. Thus, justbecause an entity owns a registered trademark does not mean that they have exclusiverights to use that mark as a domain name. In fact, even an entity that has a famous markoften does not have exclusive rights to any use of that mark. Additionally, in manyjurisdictions, owners of unregistered trademarks ("common law trademark rights") mayhave rights that are superior to registered trademark rights and even the rights in famousmarks.
Thus, there is no simple formula or criteria that would identify one class ofentities or individuals that should always have priority over another class of entities orindividuals. Rather, every mark owner's particular rights in a particular mark would haveto be evaluated individually in order to properly protect every trademark owner's rights. This evaluation is something that only a judicial or quasi-judicial body has the authorityand qualifications to make.
With respect to entities already holding second level domains in other TLDs, theyshould not be given superior rights in new TLDs, absent a judicially or quasi-judiciallydetermination regarding the applicability of their trademark rights to the second leveldomain in the new TLD. One of the primary purposes in opening up new TLDs is torelieve some of the pressure caused by a very limited number of present TLDs in whichdifferent entities can register the same second level domain name. If existing secondlevel domain name holders were given priority in registering identical second leveldomain names in new TLDs, it would effectively eliminate the fundamental benefit to theInternet community in adding new TLDs.
On the other hand, entities that have already registered .web second level domainnames with Image Online Design are in a different situation. Unlike many applicants tobe included as new ICANN TLD registries, Image Online Design has not been accepting"pre-registration" for domain names, but rather has been accepting registrations in anoperating domain name registry. Although the number of Internet users connected todomain name servers that are presently able to resolve Image Online Design .Webdomain names is small relative to the total number of Internet users, this number is stillreal and significant. Accordingly, Image Online Design will follow the same basic policywith respect to existing Image Online Design .Web domain name registrations that hasbeen in effect in the domain name system from the beginning, namely, first-come, first-serve.
Notwithstanding the difficulties in providing generic sunrise provisions forparticular classes of trademark owners, though, Image Online Design will implement apolicy that will provide significant protection to trademark owners during the fullinclusion of .Web domain names into the main DNS system. First, if any trademarkregistration owner files a UDRP complaint or file suit to contest the ownership of adomain name registration in a court of competent jurisdiction before .Web is added to theroot, Image Online Design will place the subject .Web domain name registration on hold,preventing use of that domain name by anyone. This remedy is not presently available totrademark owners in the .com, .net and .org TLDs. This remedy will allow trademarkowners to block widespread potential trademark infringement through the use of apreviously registered Image Online Design .Web second level domain name registrationbefore it is allowed to begin. Additionally, Image Online Design will provide a notice ofthis policy to all existing Image Online Design .Web domain name registrants andencourage them to voluntarily relinquish any domain names that are likely to provoke adomain name dispute and register a different domain name in its place without charge. This offer will be revoked, however, should a domain name be formally contested, eitherthrough the filing of a complaint under the UDRP or the filing of a legal action in a courtof competent jurisdiction with respect to the domain name. See section E5.1 above.
III. REGISTRATION RESTRICTIONS (Required for restricted TLDs only)
The .Web registry is an unrestricted TLD. Accordingly, this section, and items E16-E21specifically, do not apply.
IV. CONTEXT OF THE TLD WITHIN THE DNS (Required for all TLDs)
E22. This section is intended to allow you to describe the benefits of the TLD and the reasonswhy it would benefit the global Internet community or some segment of that community. Issuesyou might consider addressing include:
E23. What will distinguish the TLD from existing or other proposed TLDs? How will thisdistinction be beneficial?
.Web's world-wide appeal is evident in light of our approximately 20,000registrations from over 95 countries. See Appendix D13.2.2_B and D13.2.2_C. .Web isfree from potentially limiting associations with a type of activity, as in the case of .net or.org (i.e., network providers or non-profits) or geographic associations, as in the case of.com (which is perceived as United States centric) or country codes which are alwaysperceived centric to that particular country.
E24. What community and/or market will be served or targeted by this TLD? To what extent isthat community or market already served by the DNS?
The .Web registry will service the worldwide Internet community. Additionally,unlike all currently existing TLDs, .Web is not representative of a particular geographicarea or function; such as the implied commercial nature of .com. .Web is unique in itsdirect association with the medium of the worldwide web, and shares the worldwideweb's international reach and value-neutral implications.
E25. Please describe in detail how your proposal would enable the DNS to meet presently unmetneeds.
.Web will be a direct competitor to .com and open for all markets and uses byInternet users. This will greatly serve the community as the availability of .com names isgreatly reduced due to over registration. Currently available TLDs such as .com, .net and.org are perceived as U.S. centric and do not meet the need for a TLD that is free fromgeographic and functional associations; a need that .Web directly addresses.
E26. How would the introduction of the TLD enhance the utility of the DNS for Internet users?For the community served by the TLD?
The introduction of .Web will increase the number of attractive second-leveldomains available to be registered, thereby increasing the utility of the DNS as a whole.Since the DNS was invented as a mnemonic device to allow Internet users to easilyremember locations (as opposed to having to remember and use IP numbers), theintroduction of new TLDs increases this utility. .Web in particular is an attractive TLDthat will particularly serve this purpose.
E27. How would the proposed TLD enhance competition in domain-name registration services,including competition with existing TLD registries?
.Web will enhance TLD competition for domain name registration servicesbecause it will directly compete with .com, .net, .org, and other newly added unrestrictedTLDs. Additionally, Image Online Design facilitates competition among the registrars byallowing ICANN accredited registrars to register .Web names.
V. VALUE OF PROPOSAL AS A PROOF OF CONCEPT (Required for all TLDs)
E28. Recent experience in the introduction of new TLDs is limited in some respects. The currentprogram of establishing new TLDs is intended to allow evaluation of possible additions andenhancements to the DNS and possible methods of implementing them. Stated differently, thecurrent program is intended to serve as a "proof of concept" for ways in which the DNS mightevolve in the longer term. This section of the application is designed to gather informationregarding what specific concept(s) could be evaluated if the proposed TLD is introduced, howyou propose the evaluation should be done, and what information would be learned that might beinstructive in the long-term management of the DNS. Well-considered and articulated responsesto this section will be positively viewed in the selection process. Matters you should discuss inthis section include:
Responsive answers are provided to the specific questions which follow.
E29. What concepts are likely to be proved/disproved by evaluation of the introduction of thisTLD in the manner you propose?
The most important concept to be proved by evaluation of the introduction of the.Web TLD and others is that adding additional TLDs will not adversely affect theoperation of the existing Internet domain name resolution system. Other concepts to beproved include: high quality domain name registry and registrar services may be providedeffectively by private, for-profit organizations under a free market system, domain nameregistry services need not be "owned by the Internet community" or otherwise be highlyand tightly regulated, Internet users will accept and use .Web domain names, both inusing the world wide web and in other Internet usages.
E30. How do you propose that the results of the introduction should be evaluated? By whatcriteria should the success or lack of success of the TLD be evaluated?
The criteria for evaluating the level of success of the introduction of the TLD, listed frommost important to less important are as follows:
1. Absence of negative impacts on the existing Internet domain name resolution system
2. Stability and smooth technical operation of the registry
3. A diversity of registry operators-operators operating a diversity of TLDs.
3. An increase of available options, both TLDs and second level domain names, forInternet users and domain name registrants.
4. Level of satisfaction by domain name registrants in the customer service received fromthe Registrar(s) and Registry
5. Acceptance by the Internet community as measured by numbers of registrations in theTLD
E31. In what way would the results of the evaluation assist in the long-range management of theDNS?
The primary manner in which the results of the evaluation of new the operationTLDs, including .Web will benefit the long range management of the DNS is in provingthe numerous important benefits to the Internet community in adding new TLDs. Whilecareful oversight of the operation of new registries and registrars by ICANN is needed inorder to assure the smooth, safe operation of the Internet, free-market competition is themost effective way to provide the most utilitarian Internet while providing the bestservice to the Internet community in the most economically efficient manner. Theintroduction of more TLDs will simply increase the utility of the Internet and provideeven greater competition with corresponding greater service and better pricing for theInternet community.
E32. Are there any reasons other than evaluation of the introduction process that this particularTLD should be included in the initial introduction?
Image Online Design has been running a .Web domain name registry for over fouryears and has registered nearly 20,000 domain name names from 95 countries. Thequality and extent of Image Online Design's experience in this regard is second in theworld, only to Network Solutions. This experience will insure the highest degree ofsuccess, particularly with respect to the important criteria of: Absence of negativeimpacts on the existing Internet domain name resolution system; Stability and smoothtechnical operation of the registry; and Satisfaction by domain name registrants in thecustomer service received from the Registrar(s) and Registry.
By signing this application through its representative, the Applicant attests that the informationcontained in this Description of TLD Policies, and all referenced supporting documents, are trueand accurate to the best of Applicant's knowledge.
/s/_______________________________
Signature
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Name (please print)
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Title
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Name of Applicant Entity
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Date