(3 November 2007)
The .museum TLD has been established to serve the needs of the international museum community. It will be managed in accordance with the provisions of this charter (“Charter”) andvin the interests of that community.
1. The Sponsor will be responsible for establishing registration requirements for the .museum TLD, provided that registrations shall be granted only to entities that are museums (as defined in item 2 below), professional associations of museums, or individuals who are professional museum workers (as defined in item 7 below).
2. For the purposes of this Charter, the basic definition of a “museum” is provided in Article 2, Paragraph 1 of the Statutes of the International Council of Museums (“ICOM”), as quoted below. The Sponsor may extend this definition to cover other entities that acquire, conserve, document, and communicate or exhibit evidence of people or their environment, provided that any such extension is in accordance with community perceptions about the prevailing scope of the field of museum activity.
5. The Sponsor will promptly convey to ICOM all statements of museum community need that may result in the Sponsor amending the definition of “museum” referred to in item 2 above, with the request that ICOM consider, in accordance with its procedures, commensurate modification to its definition of “museum” at the earliest date at which this may be done.
7. For the purposes of this Charter, the definition of “professional museum worker” is provided in Article 2, Paragraph 2 of the ICOM Statutes, as quoted below. A professional museum worker shall receive registrations of Registered Names within .museum only (a) under one or more role descriptive second-level sub-domains within .museum (e.g., john.smith.curator.museum and jane.doe.conservator.museum) established for this purpose or (b) under one or more sub-domains assigned to a museum or museums with which the worker is affiliated.
From Article 2 of the Statutes of the International Council of Museums:
The ICOM Statutes were adopted by the 16th General Assembly of ICOM (The Hague, The Netherlands, 5 September 1989), amended by the 18th General Assembly of ICOM (Stavanger, Norway, 7 July 1995), and amended again by the 20th General Assembly of ICOM (Barcelona, Spain, 6 July 2001).
1. A museum is a non-profit making, permanent institution in the service of society and of its development, and open to the public, which acquires, conserves, researches, communicates and exhibits, for purposes of study, education and enjoyment, material evidence of people and their environment.
(a) The above definition of a museum shall be applied without any limitation arising from the nature of the governing body, the territorial character, the functional structure or the orientation of the collections of the institution concerned.
(i) natural, archaeological and ethnographic monuments and sites and historical monuments and sites of a museum nature that acquire, conserve and communicate material evidence of people and their environment;
(viii) cultural centres and other entities that facilitate the preservation, continuation and management of tangible or intangible heritage resources (living heritage and digital creative activity); and
(ix) such other institutions as the Executive Council, after seeking the advice of the Advisory Committee, considers as having some or all of the characteristics of a museum, or as supporting museums and professional museum personnel through museological research, education or training.
2. Professional museum workers include all the personnel of museums or institutions
qualifying as museums in accordance with the definition in Article 2, para. 1, having received specialized training, or possessing an equivalent practical experience, in any field relevant to the management and operations of a museum, and independent persons
respecting the ICOM Code of Professional Ethics and working for museums as defined above, either in a professional or advisory capacity, but not promoting or dealing with any commercial products and equipment required for museums and services.
The following areas of responsibility for development of policies for the Sponsored TLD are delegated to the Sponsor, provided the other provisions of the Agreement and its Attachments are followed:
2. Restrictions on what persons or entities may register Registered Names (which need not be uniform for all names within the Sponsored TLD), provided the scope of the Charter (Section 1 of this Attachment) is not exceeded.
4. Performance of Eligibility and Name-Selection Services (ENS Services), either directly by the Sponsor or by one or more organizations or individuals to which it delegates the responsibility for performing ENS Services, provided that revenues received in connection with ENS Services are used solely to defray the cost of providing ENS Services or otherwise sponsoring the Sponsored TLD, with allowance for accumulation of reasonable operating reserves.
6. Mechanisms for resolution of disputes between owners of rights in names (such as trademarks) and registrants that do not supplant ICANN's dispute-resolution policies or remedies that may be available under law.
The .MUSEUM TLD is intended to serve the needs of the international museum community, which consists of those persons and entities eligible to register in the .MUSEUM TLD pursuant to the Charter (Part I to this Appendix S).
Appendix S – Part IV
Selection of Registrars
This Attachment specifies the criteria for Sponsor's selection of ICANN-Accredited Registrars wishing to enter into an Authorizing Agreement to register domain names in the Sponsored TLD. Sponsor will select from among ICANN-Accredited Registrars in a manner that promotes the following characteristics in the group of authorized ICANN-Accredited Registrars:
6. Familiarity with the particular requirements of museums in the language and cultural region served by the registrar, and active interest in the deployment of appropriate Internationalized Domain Names;
7. Established collaborative contact with one or several organizations representing the museum community in the language and cultural region served by the registrar, or, if the registrar specializes in a disciplinary segment of the museum community, contact with an organization representing museums within that discipline; and
8. Dedicated willingness to act together with the museum organizations referred to above, in the processing of registration requests. Sponsor will accept applications from any ICANN-accredited Registrar but will enter into agreements with Registrars only after a decision with respect to the selection of each applicant to serve as a Registrar based on all of the above criteria and will periodically review and, as appropriate, revise its selection of Registrars based on such criteria.
Disputes concerning domain name registrations made in violation of the Sponsored TLD Charter defined in Attachment 1 of the Agreement shall be resolved under the Charter Eligibility Dispute Resolution Policy (the "CEDRP").
All registrants in the Sponsored TLD are bound by the CEDRP. The CEDRP applies to challenges to registered domain names on the grounds that the registrant does not meet the eligibility requirements set forth in the Sponsored TLD Charter (the "Eligibility Requirements"). Challenges based on other grounds, including claims that a registration violates restrictions established by the Sponsor under its delegated authority, are not subject to the CEDRP. Any person or entity may bring a challenge to a registered domain name, under the CEDRP. To invoke the CEDRP, the challenger must submit a complaint to a CEDRP dispute resolution provider approved by ICANN (the "CEDRP Providers") in accordance with the Rules for Charter Eligibility Dispute Resolution Policy (the "CEDRP Rules").
The following documents provide details:
1. Charter Eligibility Dispute Resolution Policy. The CEDRP is followed by all ICANN-Accredited Registrars with respect to the Sponsored TLD. The CEDRP is attached as Exhibit 1 to this Attachment, and is made a part of the registration agreement, enforceable by Sponsor, between the Registered Name Holder and either Sponsor or the applicable registrar (see Subsection 3.7).
2. Rules for Charter Eligibility Dispute Resolution Policy. The CEDRP Rules will be followed by all CEDRP Providers. The CEDRP Rules will be developed by the CEDRP Providers in consultation with the Sponsor and ICANN. Such CEDRP Providers may supplement these rules, as appropriate.
This Policy is to be incorporated in all agreements with registrants concerning domain-name registrations in the Sponsored TLD (the "Registration Agreement"). "You" and "your" refer to the registrant. "Us" "our" and "we" refer to [either Sponsor or the applicable registrar (see Subsection 3.7)].
1. Purpose. This Charter Eligibility Dispute Resolution Policy (the "Policy") is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with disputes over the registration and use of an Internet domain name, registered by you in the Sponsored TLD. The proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Charter Eligibility Dispute Resolution Policy (the "CEDRP Rules"), which are available at <URL to be specificed by ICANN>, and the selected administrative dispute resolution service provider's supplemental rules. For the purposes of this Policy, the term "Registered Name" means a domain name registration in the Sponsored TLD.
2. Your Representations. By applying to register a domain name within the Sponsored TLD (a "Registered Name"), or by asking us to maintain or renew a Registered Name, you hereby represent and warrant to us that, to your knowledge, the registration of your Registered Name conforms to the eligibility requirements set forth in the Sponsored TLD Charter (the "Eligibility Requirements").
3. Cancellations. We will cancel Registered Names upon our receipt of a decision of a CEDRP Provider requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy. (See Paragraph 5(e) below.) We may also cancel a Registered Name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding. This paragraph sets forth the types of disputes for which you are required to submit to a mandatory administrative proceeding under this Policy. These proceedings will be conducted before a CEDRP Provider that has been approved by the Internet Corporation for Assigned Names and Numbers ("ICANN"). A list of CEDRP Providers is available at <www.icann.org/cedrp/approved-providers.htm>.
(a) Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "Complainant") asserts to the applicable CEDRP Provider, in compliance with the CEDRP Rules that your Registered Name does not meet the Eligibility Requirements; in the administrative proceeding, the Complainant must prove this element.
(b) Registered Name Disputes: Evidence of Registration in Violation of the Eligibility Requirements. For the purposes of Paragraph 4(a), if the Panel of the CEDRP Provider finds that your Registered Name does not meet the Eligibility Requirements, then such finding shall be evidence that your Registered Name violated the Eligibility Requirements. If the Panel finds that your Registered Name violated the Eligibility Requirements, the Panel shall exercise the remedy
set forth in Section 5(e).
(c) Registered Name Disputes: How to Demonstrate Your Rights to and Legitimate Interests in the Registered Name in Responding to a Complaint. For the purposes of Paragraph 4(a), when you receive a complaint, you should refer to the CEDRP Rules in determining how your response should be prepared.
(a) Selection of CEDRP Provider. The Complainant shall select the CEDRP Provider from those on the list of CEDRP Providers available at <www.icann.org/cedrp/approvedproviders.htm> by submitting the complaint to that CEDRP Provider. The selected CEDRP Provider will administer the proceeding.
(b) Initiation of Proceeding and Process and Appointment of the Panel. The CEDRP Rules state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Panel").
(c) Fees. All fees charged by a CEDRP Provider in connection with any dispute before a Panel shall be paid in accordance with the CEDRP Rules.
(d) Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before a Panel. In addition, we will not be liable as a result of any decisions rendered by the Panel.
(f) Notification and Publication. The CEDRP Provider shall notify us and ICANN of any decision made by a Panel with respect to a Registered Name. All decisions under this Policy will be published in full over the Internet, except when a Panel determines in an exceptional case to redact portions of its decision.
6. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your Registered Name that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
7. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us or the operator of the Sponsored TLD registry regarding the registration and use of your Registered Name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
9. Changing Registrars During a Dispute. You may not transfer your Registered Name to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded.
10. Policy Modifications. We reserve the right to modify this Policy at any time with the
permission of ICANN. We will post our revised Policy at <Registrar URL> at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a CEDRP Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any Registered Name dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your Registered Name, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your Registered Name.
As of the Effective Date of this contract, Sponsor offers the .MUSEUM index. The sponsor maintains a searchable index of the names and labels that appear in the .museum domain. The shared generic second-level labels that appear in separately delegated three-label names therefore also all resolve directly in the .museum zone in the general form sharedlabel.museum.
Recognizing that: i) the charter of the .MUSEUM top-level domain is sufficiently restrictive so that it has appeal to a small, identifiable and limited community, and that said restrictions have created conditions that substantially limit market demand and as a result, registrar uptake; ii) MuseDoma is a not-for-profit entity as is the community it is required to serve by the definition of its charter; and iii) MuseDoma makes available to its community members under certain conditions, at no cost, third-level domain names.
Therefore, MuseDoma is permitted to maintain up to 4,000 domain names directly with the Registry Operator and keep these names under direct management for purposes stated in iii) of this Section until the conclusion of its designation by ICANN as the Sponsor for the Sponsored TLD.