Common use of Name Selection Clause in Contracts

Name Selection. In addition to the requirements and restrictions set forth in Specification 5, the following names⁄types of domain names will initially be reserved from registration: All single second-level domain names; Domains of an inappropriate nature, e.g., adult-related terminology, pursuant to a list defined by Registry Operator and its NGO Community Advisory Council; A list of generic names defined by Registry Operator and its NGO Community Advisory Council based on the overall criteria that the names represent the NGO Community in a general manner. Such names will be released in a specific RFP process ensuring that the names will benefit the NGO Community. The following names⁄types of domain names will be held from general availability; they will be used in support of the registry. Names to support registry operations, e.g., directory.TLD; Names to support Registry Operator ‘s NGO Community Advisory Council. The TLD registrant must fulfill certain name policy criteria. Registry Operator will employ the following restrictions concerning the names that eligible TLD registrants can register. As such a TLD registrant cannot register any name they wish but is limited by the following restrictions. A TLD registered domain name may be: the name of (entire or portion of) the NGO, e.g. its “doing business as” name, an acronym representing the NGO, a name that recognizes or generally describes the NGO, or a name related to the mission or activities of the NGO. Content/Use Restrictions Abusive use of the TLD domain names will not be tolerated by Registry Operator. The following use and content limitations apply: Overall the TLD domain name must be for a bona fide NGO use, as defined in the Restrictions Dispute Resolution Websites must be developed with the intent to promote the corresponding TLD registrant’s existing mission and activities, and not solely for commercialized or for-profit marketing usage. Use of the registered domain name to engage in activities inconsistent with the mission of a NGO is not allowed. Any illegal or fraudulent usage of the TLD domain name is not allowed, including but not limited to phishing and pharming attacks, distribution of malware, and distribution of adult content. Registration and use of a domain name in violation of Rights Protection Mechanisms is not allowed. Enforcement Registry Operator will take both proactive and reactive measures to enforce the policies of the gTLD. Proactive measures are taken at the time of registration by requiring TLD registrants to meet the TLD Registration Policies and to agree to all policies and procedures of the gTLD. Reactive measures are addressed via our audit process and through our defined dispute resolution processes. A violation of the TLD Registration Policies will be enforced on a case-by-case, fact specific basis under the processes set forth below: Any allegation that a domain name is not used primarily for NGO purposes shall be enforced under the provisions of the Restrictions Dispute Resolution Policy (ʺRDRPʺ). The RDRP will be included as an appendix to the Registry Agreement. An appeal procedure is included in the RDRP. Any alleged violation of the Rights Protection Mechanisms shall be enforced under the provisions contained in each of them. While disputes will be managed directly by resolution providers, Registry Operator will conduct random compliance audits across all the TLD Registration Policies. Periodically, Registry Operator’s compliance staff will audit a sample of TLD registrations to verify claims to membership in a listed organization, name policy adherence, and compliance with the name and use policy. Registry Operator will devote 1 compliance officer to handle compliance and disputes as they arise. Most compliance checks on registration eligibility are expected to be handled in an automated process. If a registrant is found to not be in compliance, the registrant will be notified that the domain will be placed on registry lock and that if the compliance issue is not cured the domain will be terminated. As part of the compliance function, Registry Operator will also utilize its existing expertise to monitor and take action on any abusive behavior taken place with TLD domain names.

Name Selection. In addition to the requirements and restrictions set forth in Specification 5, the following names⁄types of domain names will initially be reserved from registration: All single second-level domain names; Domains of an inappropriate nature, e.g., adult-related terminology, pursuant to a list defined by Registry Operator and its NGO Community Advisory Council; A list of generic names defined by Registry Operator and its NGO Community Advisory Council based on the overall criteria that the names represent the NGO Community in a general manner. Such names will be released in a specific RFP process ensuring that the names will benefit the NGO Community. The following names⁄types of domain names will be held from general availability; they will be used in support of the registry. Names to support registry operations, e.g., directory.TLD; Names to support Registry Operator ‘s NGO Community Advisory Council. The TLD registrant must fulfill certain name policy criteria. Registry Operator will employ the following restrictions concerning the names that eligible TLD registrants can register. As such a TLD registrant cannot register any name they wish but is limited by the following restrictions. A TLD registered domain name may be: the name of (entire or portion of) the NGO, e.g. its “doing business as” name, an acronym representing the NGO, a name that recognizes or generally describes the NGO, or a name related to the mission or activities of the NGO. Content/Use Restrictions Abusive use of the TLD domain names will not be tolerated by Registry Operator. The following use and content limitations apply: Overall the TLD domain name must be for a bona fide NGO use, as defined in the Restrictions Dispute Resolution Websites must be developed with the intent to promote the corresponding TLD registrant’s existing mission and activities, and not solely for commercialized or for-profit marketing usage. Use of the registered domain name to engage in activities inconsistent with the mission of a NGO is not allowed. Any illegal or fraudulent usage of the TLD domain name is not allowed, including but not limited to phishing and pharming attacks, distribution of malware, and distribution of adult content. Registration and use of a domain name in violation of Rights Protection Mechanisms is not allowed. Enforcement Registry Operator will take both proactive and reactive measures to enforce the policies of the gTLD. Proactive measures are taken at the time of registration by requiring TLD registrants to meet the TLD Registration Policies and to agree to all policies and procedures of the gTLD. Reactive measures are addressed via our audit process and through our defined dispute resolution processes. A violation of the TLD Registration Policies will be enforced on a case-by-case, fact specific basis under the processes set forth below: Any allegation that a domain name is not used primarily for NGO purposes shall be enforced under the provisions of the Restrictions Dispute Resolution Policy (ʺRDRPʺ). The RDRP will be included as an appendix to the Registry Agreement. An appeal procedure is included in the RDRP. Any alleged violation of the Rights Protection Mechanisms shall be enforced under the provisions contained in each of them. While disputes will be managed directly by resolution providers, Registry Operator will conduct random compliance audits across all the TLD Registration Policies. Periodically, Registry Operator’s compliance staff will audit a sample of TLD registrations to verify claims to membership in a listed organization, name policy adherence, and compliance with the name and use policy. Registry Operator will devote 1 compliance officer to handle compliance and disputes as they arise. Most compliance checks on registration eligibility are expected to be handled in an automated process. If a registrant is found to not be in compliance, the registrant will be notified that the domain will be placed on registry lock and that if the compliance issue is not cured the domain will be terminated. As part of the compliance function, Registry Operator will also utilize its existing expertise to monitor and take action on any abusive behavior taken place with TLD domain names. Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 189 Deletions 41 Moved from 3 Moved to 3 Style change 0 Format changed 0 Total changes 236 1 Subject to further approvals.