Category 1 Names

This week of August 4th 2014 will see the first Category 1 Strings come available, some terms and conditions apply, however it remains to be seen what will happen when/if complaints are made to the Registries. Any domain name (string) that you register within Category 1 domains, may be subject to cancellation by the Registry if you are in contravention of the terms. Since documents are subject to revision it is always best to refer directly to the ICANN pdf for the definitive rules.

You represent and warrant that:

(a) your application and registration for a domain name contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party; and
(b) you accept and will abide by the Registry Policies.
Necessary Authorizations. You represent that you possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with your domain name registration.

The names are divided into following groups;-

Regulated Sectors/Open Entry Requirements in Multiple Jurisdictions (Category 1 Safeguards are applicable)

  • ..essentially a provision in Registry-Registrar Agreements that requires Registrars to include in their Registration Agreements a provision requiring registrants to comply with all applicable laws

Charity:
.care, .gives, .giving

Children:
.kid, .kids, .kinder, .game, .games, .juegos, .play, .school, .schule, toys

Corporate Identifiers:
.limited

Education:
.degree, .mba

Environmental:
.earth, .eco, .green, .bio, .organic

Financial:
capital, . cash, .cashbackbonus, .broker, .brokers, .claims, .exchange, .finance, .financial, .forex, .fund, .investments, .lease, .loan, .loans, .market, . markets, .money, .pay, .payu, .retirement, .save, .trading, .credit, .insure, .netbank, .tax, .travelersinsurance, .financialaid, .vermogensberatung, .mortgage, .reit

Generic Geographic Terms:
.capital .town, .city

Health and Fitness:
.care, .diet, .fit, .fitness, .health, .heart, .hiv, .rehab, .clinic, .healthy (IDN Chinese equivalent), .dental, .physio, .healthcare, .med, .organic

Intellectual Property:
.audio, .book (and IDN equivalent), .broadway, .film, .game, .games, .juegos, .movie, .music, .software, .song, .tunes, .fashion (and IDN equivalent), .video, .app, .art, .author, .band, .beats, .cloud (and IDN equivalent), .data, .design, .digital, .download, .entertainment, .fan, .fans, .free, .gratis, .discount, .sale, .hiphop, .media, .news, .online, .pictures, .radio, .rip, .show, .theater, .theatre, .tour, .tours, .tvs, .video, .zip

Professional Services:
.accountant, .accountants, .architect, .associates, .broker, .brokers, .engineer, .legal, .realtor, .realty, .vet, .engineering, .law

General
.reise, .reisen .weather

 

Highly-regulated Sectors/Closed Entry Requirements in Multiple Jurisdictions (Category 1 Safeguards are applicable)

a lot more safeguards summarised as follows;-

  • ..a clear pathway for the creation of a working relationship with the relevant regulatory or industry self-regulatory bodies
  • administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse
  • a representation that the Registrant possesses any necessary authorisations, charters, licenses and/or other related credentials for participation in the sector associated with the Registry TLD string.
  • Registry Operator receiving a complaint expressing doubt with regard to the authenticity of licenses or credentials, Registry Operators should consult with relevant national supervisory authorities
  • Registrants to report any material changes to the validity of the Registrants’ authorisations, charters, licenses and/or other related credentials for participation in the sector

Charity:
.charity (and IDN Chinese equivalent)

Corporate Identifiers:
.corp, .gmbh, .inc, .llc, .llp, .ltda, .ltd, .sarl, .srl, .sal

Education:
.university

Financial:
.bank, .banque, .creditunion, .creditcard, .insurance, .ira, .lifeinsurance, .mutualfunds, .mutuelle, .vermogensberater, and .vesicherung, .autoinsurance, .carinsurance

Gambling:
.bet, .bingo, .lotto, .poker,.spreadbetting, .casino

Health and Fitness:
.pharmacy, .surgery, .dentist , .dds, .hospital, .medical, .doctor

Professional Services:
.abogado, .attorney, .cpa, .dentist, .dds, .lawyer, .doctor

 

Special Safeguards Required

.. essentially all of the above plus these 2 special conditions

  • ..Registry Operator will develop and publish registration policies to minimize the risk of cyber bullying and/or harassment.
  • ..Registrant will take reasonable steps to avoid misrepresenting or falsely implying that the Registrant or its business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.

Potential for Cyber Bullying/Harassment (Category 1 Safeguards are applicable): .fail, .gripe, .sucks, .wtf

Inherently Governmental Functions (Category 1 Safeguards are applicable): .army, .navy, .airforce

 

Trademark Notices

Please note;-

The system will issue a warning when attempting to register a domain for which a matching record exists in the Trademark Clearing House.

During the initial 90 days of General Availability the Trademark holder registered via the Trademark Clearing House will be automatically notified by the system when a person completes registration of a domain that is registered matching their trademark.

The full text of the email is as follows;-

“You have received this email because you have applied for a domain name which matches at least one trademark record submitted to the Trademark Clearinghouse.

Prior to proceeding with the registration, you must review the Trademark Notice at the link below, and represent that you have received and you understand the notice, and to the best of your knowledge your registration and use of the requested domain name will not infringe on the trademark.

Please note if this process is not completed within 48 hours, the registration will be cancelled.”

 

New gTLD Safeguard Categories

In the context of ICANN’s ANNEX 2 – ICANN NGPC RESOLUTION NO. 2014.02.05.NG01 and the consequent changes in Registry-Registrar Agreements there is a clear onus on registrants to comply with possession / retention of credentials rules for participation in the sector associated with a Registry TLD string.

Further to ICANN’s Beijing GAC and the matter of safeguard categories.

“b. Safeguard Advice for New gTLDs – To reinforce existing processes for raising and addressing concerns the GAC is providing safeguard advice to apply to broad categories of strings (see Annex I).”
Beijing GAC Communique

The recommended safeguards are now listed formally, here is an extract;-

6. Registry operators will include a provision in their Registry-Registrar Agreements that requires Registrars to include in their Registration Agreements a provision requiring a representation that the Registrant possesses any necessary authorisations, charters, licenses and/or other related credentials for participation in the sector associated with the Registry TLD string.

7. If a Registry Operator receives a complaint expressing doubt with regard to the authenticity of licenses or credentials, Registry Operators should consult with relevant national supervisory authorities, or their equivalents regarding the authenticity. ANNEX 2 – ICANN NGPC RESOLUTION NO. 2014.02.05.NG01

8. Registry operators will include a provision in their Registry-Registrar Agreements that requires Registrars to include in their Registration Agreements a provision requiring Registrants to report any material changes to the validity of the Registrants’ authorisations, charters, licenses and/or other related credentials for participation in the sector associated with the Registry TLD string in order to ensure they continue to conform to appropriate regulations and licensing requirements and generally conduct their activities in the interests of the consumers they serve.

Full Text as pdf
http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-annex-2-05feb14-en.pdf

 

ICANN, RFC’s and Temporary Suspension

Temporary suspension is possible… subject to the accuracy of your Whois /  domain record

It is possible that occasionally domains will be temporarily suspended over the coming months as all Registrars roll out ICANN rules.

The current ICANN Registrar Accreditation Agreement (RRA) requires registrars to verify that the email you use in your domain name is accurate. For details on ICANN requirements around registrant verification, please visit the ICANN website at www.icann.org.  http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#whois-accuracy

The specific ICANN clause means that within fifteen days from registration the Registrar must;-

“Validate that all email addresses are in the proper format according to RFC 5322 (or its successors).”

The original RFC is here http://tools.ietf.org/search/rfc5322  but in a nutshell this simply says the email of record for the domain must work :-)