18(c) What operating rules will you adopt to eliminate or minimize social costs?

Prototypical answer:

Question 18(c)

It is Medistry’s intent to operate .MED as a restricted gTLD, at least as compared to open, unrestricted TLD’s such as .com and .net, consistent with its stated mission⁄purpose and employing the registration and use restrictions set forth herein and as promulgated by the Cleveland Clinic from time to time. The restricted nature of the gTLD, along with allocation via RFP, will help eliminate or minimize social costs, as registrants will be limited to individuals or entities which have been vetted by the Cleveland Clinic. Further, the .MED gTLD implicates Cleveland Clinic’s reputation, further minimizing or eliminating social costs as compared to users⁄operators of unrestricted gTLD’s, which have no such reputations to protect.

To further help eliminate or minimize social costs, Medistry will implement all abuse mitigation and rights protection mechanisms set forth in applicable ICANN Consensus Policies, ICANN’s registry agreement, any applicable rules of law and any policies implicated for compliance with Medistry’s response to Questions 28 and 29 related to mitigation of abusive registrations and rights protection mechanisms.

Medistry and the Cleveland Clinic are both committed to operating the .MED gTLD in a professional and commercially reasonable manner. Medistry does not believe that operating a gTLD in a manner that unreasonably facilitates undue and unreasonable (at Medistry’s sole determination) social costs is professional or commercially reasonable. In that regard, Medistry will reserve the right to adopt registration and use policies as commercially reasonably necessary, in Medistry’s and the Cleveland Clinic’s sole discretion, to mitigate any such undue and unreasonable social costs towards fulfillment of the mission⁄purpose of the .MED gTLD and the goals set forth in Medistry’s answer to Question 18(b).

1. Resolving multiple applications for a particular domain name.

All domains in the .MED gTLD will be allocated by RFP at the sole discretion of the Cleveland Clinic pursuant to the mission⁄purpose of the gTLD as set forth herein. Resolution of any contention over a .MED domain name must be consistent with the Cleveland Clinic’s mission and the mission⁄purpose of the .MED gTLD. In the event multiple applicants are not distinguishable in light of Cleveland Clinic’s mission and the mission⁄purpose of the gTLD, the Cleveland Clinic will seek to resolve any such contention by encouraging the applicants to work together for the common good and in pursuit of the mission⁄purpose of the .MED gTLD. In the event the multiple applicants are still not distinguishable, Medistry and the Cleveland Clinic will evaluate industry-practiced and commercially reasonable ways to distinguish the applicants. While the Cleveland Clinic does not intend to use an auction process to resolve any such situations, Medistry and the Cleveland Clinic reserve the right to explore resolving the contention via an auction process. Any such auction, in the event one should take place, would be performed by an experienced domain auction provider under best auction practices. In any event, the Cleveland Clinic reserves the right to make final determinations in all multiple applicant⁄contention situations.

2. Cost benefits for registrants in the .MED gTLD.

Medistry, in consultation with the Cleveland Clinic, intends to investigate the provision of one or more introductory discounts, advantageous pricing and⁄or bulk registration discounts during initial operations of the .MED gTLD, and will review the results of any such discount(s) or pricing to determine if further discounts or other advantageous pricing should be implemented at any further time during operations of the .MED gTLD. Medistry, in consultation with the Cleveland Clinic, will receive pricing proposals, including any proposed cost benefits for applicant⁄registrants, at the discretion of the RFP applicant, and will review any such pricing proposals with the Cleveland Clinic towards final determination regarding any proposal submitted under the RFP.

3. Price escalation.

Medistry does not intend to make contractual commitments to registrants regarding the magnitude of price escalation.

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