18(c) What operating rules will you adopt to eliminate or minimize social costs?
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OPERATING RULES OVERVIEW
In line with our mission statement and purpose for the .MED gTLD, it is
important for us to ensure that social costs and operational problems or
issues in relation to the .MED gTLD are minimized to the maximum extent
First of all, the founders of HEXAP have built up a reputation as
a leading and independent provider servicing the needs of the members of
various medical professions and want to avoid the unduly exploitation of
that reputation in the domain name space by third parties.
The protection mechanisms HEXAP intends to put in place do therefore not
only extend to the actual registration, delegation and use of the TLD, but
also to the domain names that are registered therein, and how these domain
names are used.
In order to ensure that .MED will be and remain for the foreseeable future a
reliable, trustworthy, safe and secure space, HEXAP will devise policies in
that will contain clear guidelines and rules in relation to:
- the types of domain names that will be registered;
- who will be entitled to select which domain names will be registered;
- who will be entitled to register such domain names;
- who will be entitled to use such domain names; and
- which types of use of such domain names will be allowed or recommended.
As we believe that the development and implementation of one or more
business cases could likely take a couple of months or even years, we have
herein only focused on a number of high-level characteristics of our plans
in relation to the operation of the .MED gTLD.
By all means, it is in HEXAPʹs vested interest to make the
most of this initiative, promote the interests of its registrants (be it
legal entities or individuals), and mitigate risks for the .MED gTLD, the
reputation of HEXAP and its members, whilst also reducing the (social) costs
The Medical Clearinghouse, which will be established by HEXAP, will play a
pivotal role in this respect.
In this context, we will devise policies that encompass and comprise the
1. LAUNCH PROCESS
The .MED start-up processes are made of three specific periods.
- SUNRISE A: this period will be focused on trademark holders only willing
to put a domain on a «do-not-sell» list. This list will be handled by the
Registry for a 10-years period (or for the entire term of the Registry
Agreement). Requests will be verified by the Registry Operator using the
Trademark Clearinghouse only.
- SUNRISE B: this period will be focused on trademark holders only, where
contention between two parties holding an identical trademark for a
particular string will be resolved by auction. Registrants must meet the
eligibility requirements, thus requests will be verified by the Registry
Operator using the Trademark Clearinghouse and the Medical Clearinghouse.
- LANDRUSH: this period will allow registration of ʺselected premium domain
namesʺ with an auction process. Registrants must meet the eligibility
requirements, thus requests will be verified by the Registry Operator
using the Medical Clearinghouse.
Following the end of the .MED start-up process, registrations of domain
names will be done on a first-come, first served basis.
Both during and after the Sunrise period, any and all domain name
registration requests will be verified by the Registry Operator in order to
guarantee their compliance with policies that have been set by the Registry
2. REGISTRATION COSTS
At this stage, no particular discounts have been foreseen. Nonetheless,
HEXAP reserves the right to implement certain cost benefits for registrars,
considering the additional complexities in dealing with verification
processes handled by the Registry Operator only that will be implemented in
order for potential registrants to register domain names in .MED.
3. REGISTRY AGREEMENT
Currently, HEXAP foresees to increase its prices with 5% annually; insofar
and to the extent this price increase will be kept, this threshold will be
included in the Registry-Registrar Agreement.
Furthermore, HEXAP envisages registering a fair number of generic words that
are directly or indirectly related to the services and products offered to
and the activities organized by the various members of HEXAP.
Prior to effectively registering such domain names in the .MED gTLD, HEXAP
will require its legal and intellectual property department to review the
list of these domain names on a regular basis in order to satisfy itself
that they will not infringe the rights of third parties.
In any case, HEXAP will claim to have a legitimate interest in these domain
names, as they are merely descriptive of the activities, products or
services of HEXAP offered to its members. So even if one or more of these
domain names would be protected by a registered trademark, held by a third
party, it is likely that a claim under the Uniform Dispute Resolution Policy
or Uniform Rapid Suspension policy will fail.
As regards the names referred to in Specification 5 to the template Registry
Operator Agreement, HEXAP will follow the processes and procedures
established by ICANN and the Governmental Advisory Committee.
However, HEXAP will at all times be entitled to restrict, limit or expand:
- the category or categories of stakeholders who will be entitled to
register one or more domain names in the .MED gTLD, including their
criteria for qualification, however in any case excluding stakeholders who
are not a member of HEXAP or do not have a sufficient link to the HEXAP
- the choice of domain name(s) registered in the .MED gTLD by and per such
eligible stakeholder (category);
- the use made by an and per eligible stakeholder of a domain name
registered in the .MED gTLD;
- the transfer of domain names registered in .MED;
HEXAP shall reserve the right to subject the registration or use of a domain
name to internal approval processes and procedures, at each and every step
of the domain name life cycle.
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