.TEL Registry Agreement | Appendix S

Appendix S (30 May 2006)

Part I .tel sTLD Charter

Part II Delegated Authority

Part III Description of .tel Sponsored TLD Community

Part IV Start-Up Plan

Part V Selection of Registrars

Part VI Public WHOIS (4 February 2008)

Part VII Additional Provisions

Appendix S — Part I

.tel Charter

This sTLD Charter (the "Charter") identifies (a) the purposes for which the .tel sTLD (the "sTLD") is delegated, and (b) the community to be served by its delegation.

Subject to Registry Operator's compliance with this Sponsored TLD Registry Agreement, including all attachments and appendices thereto (the "Agreement") and any Temporary Specifications or Policies or Consensus Policies as defined in the Agreement:

1. The .tel sTLD will serve individuals, persons, groups, businesses, organizations, or associations that wish to store and publish their contact information using the DNS.

The .tel community is defined and distinguishable from the broader Internet community through the novel and different purpose for which registrants will use their domain names. In effect, the community is defined by the activity of its members. This is reflected in the user-defined content of their delegated zones (NAPTR records rather than Address records) as this defines the sTLD's use for finding people not machines.

2. Because the .tel community is defined by usage, it is critical that this usage be enforced to ensure integrity of the community. Therefore, each registrant will be required to agree to an Acceptable Use Policy (AUP) that states that their delegated domain will not include user-defined A, AAAA, or A6 resource records.

3. Registry Operator will manage the sTLD in accordance with the provisions of this Agreement and will, without limitation:

a. Establish policies and procedures for the sTLD;

b. Establish registration requirements for the sTLD, which may, without limitation, include obligations related to verification of registrant eligibility, acceptance of the Acceptable Use Policy, and other policies and procedures for the sTLD;

c. Permit eligible persons to register names within the sTLD in accordance with the sTLD policies;

d. Operate a web site to inform prospective registrants about registration policies and procedures;

e. Post on its web site information about its activities, procedures and policies, along with meeting minutes and information about decisions taken so that interested members of the community will have an opportunity to be aware of and respond to Registry Operator's actions and understand how to participate in the sTLD; and

f. Permit the creation of and participation in a self-organizing body by stakeholders that is intended to facilitate participation in the development of policy for the sTLD in an open and transparent manner.

4. The .tel Registry will operate using the standard "Delegation Only" model. The .tel registry servers will not hold or use NAPTRs internally, and so will not return NAPTRs in response to any query. The .tel registry will not allow numeric-only domains to be registered at the registry level.

Appendix S - Part II

Delegated Authority

Subject to Registry Operator's compliance with this Sponsored TLD Registry Agreement, including all attachments and appendices thereto (the "Agreement") and any Temporary Specifications or Policies or Consensus Policies as defined in the Agreement, and provided the scope of the Charter is not exceeded:

Registry Operator shall have delegated authority to develop policy for the sTLD in the following areas:

sTLD Product Management

1. Establishment of domain naming conventions to be used in the Registry Operator sTLD.

2. Functional and performance specifications for Registry Services, other than those specified in Appendix 7 of this Agreement.

3. Management of Registry Services and products, including but not limited to:

a. Variations, modifications, or extensions of any Registry Service or product that do not represent material changes to a previously approved Registry Service or product.

b. Changes to policies and restrictions associated with or necessitated by approved Registry Service or product.

c. Pricing of all Registry Service or product.

d. Marketing activities including but not limited to branding, naming, promotions and promotional products, packaging or pricing of such promotions.

4. Modification of deployment timelines, rollout plans, and implementation details for approved Registry Service or product.

5. Creation of policies and procedures under which certain second and third level names may be reserved, operated or offered on the most appropriate basis including auctions.

6. Establishment of policies regarding how third level names may be offered for registration.

Restrictions on Registration and Policies for Use

6. Policies regarding eligibility to register a domain name in the sTLD, which need not be uniform for all names within the sTLD.

7. Restrictions on the types of domain names that may be registered in the sTLD, such as prohibitions on certain types of strings.

8. Restrictions and policies on how registered names may be used, which need not be uniform for all names within the sTLD.

9. Identification and reservation of names that will not be available for second level registrations.

10. Reservation of names to be withheld from registration in the sTLD (in addition to those names reserved by ICANN and set forth in Appendix 6).

11. Establishment of policies applicable to registrants and/or registrars related to acceptance of the Acceptable Use Policy.

12. Mechanisms for enforcement applicable to registrants and/or registrars related to adherence to the Acceptable Use Policy, including procedures for revocation, suspension or cancellation of registrations.

13. Management and modification of .tel policy development processes, structures and procedures.

14. Responsibility to develop and adapt the structures and procedures of the interim PAG and PAG to ensure effectiveness, and to define their level of interaction with and representation on the SO Board.

Registry Operations and Performance Management

15. Except as specifically set forth in the Agreement, all matters concerning the operation of the registry for the sTLD.

16. Selection of back-end registry provider and establishment of the terms of agreement between the Registry Operator and the provider.

17. Selection of application and software development service providers, and the authority to establish terms of agreements and enter into contracts with such providers.

18. Functional and performance specifications and scope for Registry Services, other than those specified in the Appendix 7 of the Agreement.

19. Performance of Eligibility and Name-Selection Services (ENS Services), either directly by the Registry Operator or by one or more organizations or individuals to which it delegates the responsibility for performing ENS Services.

20. Operational capability decisions, including location, staffing, organization structure, capital expenditure, suppliers and, consistent with ICANN approved policies related to selection and management of ICANN-Accredited Registrars, distribution and promotional channels.

21. Other operations-related processes and procedures, including but not be limited to:

a. Internal operations of the Registry Operator;

b. Registry/Registrar relations and channel management, including the terms and conditions contained in the registry/registrar agreement, and selection of ICANN-Accredited Registrars to act as registrars for the Sponsored TLD, consistent with Part V of this Appendix S;

c. Terms and conditions required to be included in the end-user registration agreement;

d. Mechanisms for resolution of disputes between owners of rights in names (such as trademarks) and registrants;

e. Mechanisms for enforcement of acceptable use policies and other registration restrictions and policies; and

f. Provisions for publication of registry and registrar data.

Other

22. Except as set out in this Agreement, other areas of responsibility as ICANN and Registry Operator may agree in writing from time to time.

23. Any other policies or practices not inconsistent with the Agreement, ICANN Temporary Specifications and Policies, or Consensus Policy.

Appendix S — Part III

Description of Sponsored TLD Community

The .tel sTLD is intended to serve the needs of individuals, persons, groups, businesses, organizations, or associations that wish to store their contact information using the DNS.

The .tel community refers to those individuals, persons, groups, businesses, organizations, or associations eligible to register in the .tel sTLD according to this Agreement and the .tel Charter (Part I to this Appendix S). The .tel community is open to those who have registered .tel domains, as well as service and application providers that support the community.

The Registry Operator may extend or amend the description of the Community consistent with the terms of the Agreement and the .tel Charter.

Appendix S — Part IV

Start-Up Plan

START-UP PLAN Subject to Registry Operator's compliance with this TLD Registry Agreement, including all attachments and appendices thereto (the "Agreement") and any Temporary Specifications or Policies or Consensus Policies as defined in the Agreement, and provided the scope of the Charter is not exceeded:

Registry Operator will implement the following start-up plan:

Background

The start-up plan provides for the orderly introduction of the .tel sTLD in a transparent, and logical way, for the purpose of ensuring competition, fairness and reliability for ICANN-Accredited Registrars, registrants, and the sTLD Community (as defined in Part 3 of this Appendix S). It is intended to create a stable and effective registration process for the benefit of the Internet community in general, and effected stakeholders in particular while minimizing the number of conflicts within the Community or with third parties.

The plan consists of a multiphase process that will be executed by Registry Operator.

Timeline

Registry Operator plans to introduce and begin to support products and services on the following approximate and estimated timeline. All referenced dates are based on the date of the signature of the ICANN Agreement (IA).

Date	Event
In-Progress	Policy development. Community awareness. Applications design and development.
ICANN Agreement ("IA")	ICANN contract signature.
IA + 30 days	Third-party registry service provider contract awarded.
IA + 90 days	Registry Operator publishes policy documents.
IA + 120 days	Policy documents finalized. Acceptable Use Policy finalized. Registry Operator publishes Registrar agreements.
IA + 150 days	All Registrar agreements finalized.
IA + 180 days	Registrar accreditation begins.
IA + 210 days	OT&E testing begins.
IA + 270 days	OT&E testing ends. Sunrise begins (60 days).
IA + 330 days	Landrush Period begins (30 days).
IA + 360 days	Full operations begin.

Agreement and Policy Development

In order to establish a structure that best serves the sTLD Community, Registry Operator has commenced development of the various agreements and policies needed in connection with the operation of the .tel sTLD. Registry Operator will continue during the start-up period with publication and execution as outlined in the Timeline section.

Third Party Registry Service Provider

Registry Operator will identify, for ICANN's review and approval (such approval not to be unreasonably withheld), its third party provider of outsourced registry operations for the registry and will conclude contract negotiations with such third party provider. Outsourced registry operations will include, but are not limited to, interfaces for registrars, WHOIS-database, 24x7 customer service and technical support.

OT&E Testing

Registry Operator will conduct comprehensive testing of the registry system and registration procedures (including the interfaces with Registrars and the ENS Services provider(s)). OT&E testing shall confirm that all entities involved in the registration process are prepared for the commencement of full operations.

Sunrise Period

The goal of the Sunrise period is twofold. Firstly, it will allow prospective registrants with trademarks or other prior rights to register them as domains in the sTLD and to resolve potential disputes arising from overlapping or inconsistent claims. Secondly, the Sunrise period will ensure stable registry operations and prepare for full operations, allowing for the adjustment of policies and processes if required. The Sunrise period is scheduled to last for a period of 60 days.

In order to avoid abusive or ineligible registrations, rights holders will be required to provide additional information during the registration process regarding their rights. A confirmation process will be established to verify ownership rights in requested domains.

During the Sunrise period, Registry Operator will closely monitor the day-to-day operations of the registry and adjust policies and processes as necessary to ensure stable registry operation and prepare for commencement of full operations.

Landrush Period

The Landrush Period will allow for multiple applications for the same domain to be accepted through a fair and equitable procedure.

Live Operation

Full operations will provide continuous and stable registry operation to the Internet Community. Registry Operator will accept domain name registration requests from all eligible registrants through participating Registrars, those ICANN-Accredited Registrars who have executed a contact with Registry Operator.

Registrations will generally be accepted on a first-come, first served basis. The UDRP will be used to resolve trademark or name resolution disputes.

Registry Operator may from time to time update registration operations and procedures and offer new products and services consistent with the Sponsored TLD Registry Agreement.

Products and Services

Registry Operator intends to make the products and services described in the Product List hereto available. Registry Operator reserves the right to establish start-up procedures, determine appropriate testing periods, and conduct service validation for new products and services.

Registry Reserved Names

Registry Operator intends to reserve certain second and third level premium and special purpose names, to be permanently reserved, operated or offered on the most appropriate basis including auctions.

Modification of Timeline

Registry Operator reserves the right to modify the Timeline as reasonably necessary in light of technical or market factors or delays in the development of policies for the sTLD.

Appendix S — Part IV

Start-up Plan

.TEL Product List

Any products and services consistent with the Sponsored TLD Registry Agreement, including without limitation, the following:

Standard Products

Future Products

Appendix S — Part V

Selection of Registrars

Subject to Registry Operator's compliance with this Sponsored TLD Registry Agreement, including all attachments and appendices thereto (the "Agreement") and any Temporary Specifications or Policies or Consensus Policies as defined in the Agreement, and provided the scope of the Charter is not exceeded:

Registry Operator will select registrars from among ICANN-Accredited Registrars in a manner that promotes the following characteristics in the group of authorized ICANN-Accredited Registrars and contract on the following basis:

1. Recognition of the specific aspects of the community to be supported by the sTLD and a willingness to participate in that spirit;

2. Thorough understanding of the principles and goals underlying sTLD policies, including without limitation the domain name management policy;

3. Demonstrated ability to support, or commitment to arrange, provisioning and maintenance of NAPTR Resource Records and other related features as specified by Registry Operator Guidelines for their sTLD registrations;

4. Demonstrated ability to provide Eligibility and Name-Selection Services (ENS Services) and demonstrated familiarity with the needs of the sTLD Community in the language and region(s) served by the registrar, and established modes for reflecting these needs in the ENS Services processes;

5. The existence of proven systems designed to avoid submission of unqualified or incomplete applications that will burden the ENS system or make it impossible for Registry Operator to fulfill its commitments to ICANN;

6. Dedicated willingness and ability to propagate and enforce sTLD policies in an observant and diligent manner and in accordance with policies and procedures prescribed by Registry Operator;

7. Commitment to adhere strictly to the Acceptable Use Policy, in particular with the requirement not to allow the inclusion of user-defined Address Resource Records in the DNS Zone Files;

8. Dedicated willingness to comply with Acceptable Use Enforcement notices, to include suspension of non-compliant domain registrations;

9. Broad geographic distribution and language diversity of registrars;

10. Established collaborative contact with one or several associations representing Providers and Representatives (as defined in Part 3 above) in the language and geographical region or sector served by the registrar;

11. Established business relationships with applicable Service Providers and Community Representatives in the region(s) served by the registrar;

12. Demonstrated willingness and ability to publicize and market the sTLD, to follow all sTLD marketing guidelines, and to develop and use sTLD marketing materials as appropriate;

13. Demonstration that sufficient staff resources are available and able to interface with automated and manual elements of the sTLD registry process;

14. Demonstrated willingness to implement modifications and revisions reasonably deemed by the Registry Operator to be required based on the characteristics and functions of the sTLD;

15. The existence of proven systems to avoid transfer disputes among registrars;

16. Demonstrated willingness to share relevant marketing information with Registry Operator, including, consistent with applicable law, information about current registrants with whom the registrar has relationships who are eligible for registration;

17. Willingness and ability to post and refresh a minimum deposit against which fees will be drawn;

Registry Operator has not established a minimum or maximum number of Registrars that will be selected for the sTLD. Registry Operator will accept applications from any ICANN-accredited Registrar. Registry Operator will evaluate and determine whether to appoint an applicant Registrar to serve as a Registrar for the TLD based on the demonstrated ability to sufficiently meet all of the above criteria.

Registry Operator will enter into agreements with Registrars only after such a determination has been concluded. Registry Operator will periodically review and, as appropriate, revise its selection of Registrars based on such criteria.

Appendix S — Part VI

Appendix S — Part VII

Miscellaneous Provisions

Privacy Considerations

Registry Operator may, at its discretion, submit to ICANN for its consideration and approval (such approval not to be unreasonably withheld) a proposal for additional measures to be implemented by Registry Operator that are designed to further safeguard data provided by registrants.