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
Telephone
contacts:
Edward
Sweeney
+61 2
6257 6758
Fax +61
2 6257 6759
+61 2
62628511
fax +61
2 62628522
ed@totalnic.com
Vincent
Hamm
+1 303
271 1288
fax +1
303 279 8667
email:
vince@totalnic.com
[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
Telephone
contacts:
Edward
Sweeney
+61 2
6257 6758
Fax +61
6257 6759
+61 2
6262 8511
fax +61
2 6262 8522
email:
ed@totalnic.com
Vincent
Hamm
+1 303
271 1288
fax +1
303 279 8667
email:vince@totalnic.com
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.]
ed@totalnic.com
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.
_______________________________
Signature
Name (please print)
_______________________________
Title
Edward Sweeney and
Vincent Hamm on behalf of Rathbawn Computers Limited___
Name of Applicant
02 October 2000_______________________________
Date