20(e) Provide a description of the applicant's intended registration policies in support of the community-based purpose of the applied-for gTLD
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.gay Registration Policies
• All registrants will be required to authenticate and obtain a Community Identifier Code (CIC) through an Authentication Partner in order to register or renew .gay domain names.
• One CIC will permit the registration of one domain name on the .gay TLD.
• All domain names at all levels within the .gay domain name space must abide by all applicable dotgay LLC policies.
• Data supplied during the authentication process will be protected, not sold and used exclusively by dotgay LLC for the purposes for which it was collected.
• dotgay LLC will adhere to all name selection restrictions that flow from ICANN policies and contracts.
• The registrant agreement will contain the following representations from the registrant:
- They have a valid association to the name
- They are not selecting a name in bad faith or for malicious use
- They are not engaging in cybersquatting activity in which the goal is to obtain desirable names for the purpose of generating profit or other advantage.
- They are not engaging in speculative registration activity for the purpose of reselling domains or parking the names for traffic.
• Breach of registrant agreement, or representations made in that agreement, will subject the registrant to the Registry Policies Dispute Resolution Procedure (RPDRP) and may result in dotgay LLC revoking the ineligible names.
• dotgay LLC will host an online process to submit recommendations for names that should be reserved prior to Sunrise including:
- Community relevant key word domain names for the index directory
- Domain names for premium auctions
- Sensitive words or phrases that incite or promote discrimination or violent behavior, including anti-gay hate speech
• Third level name registrations will be made available on select index domain names.
• Registry reserves the right to review and reject any third level registration requests.
• dotgay LLC will have an established policy regarding adult content.
.gay is restricted to members of the Gay Community. Eligibility is determined through formal membership with any of dotgay LLC’s Authentication Partners (AP) from the community.
Early organizations of the Gay Community provided “safe places” during a period in history when community members became empowered to step out of the closet. They created a trusted network of community members sharing a common ambition; from gay rights to a response around the AIDS epidemic. Individuals who willingly associated themselves with these organizations affirmed themselves as members of the community.
As the foundation of the community, membership organizations are the single most visible entry point to the Gay Community around the world. They serve as ”hubs” and are recognized as definitive qualifiers for those interested in affirming their membership in the community. The organizations range from serving health, social and economic needs to those more educational and political in nature; with each having due process around affirming status in the community.
In keeping with standards currently acknowledged and used within the community, dotgay LLC will utilize membership organizations as APs to confirm eligibility. APs must meet and maintain the following requirements for approval by dotgay LLC:
1. Have an active and reputable presence in the Gay Community
2. Have a mission statement that incorporates a focus specific to the Gay Community
3. Have an established policy that affirms community status for member enrolment
4. Have a secure online member login area that requires a username & password, or other secure control mechanism.
dotgay LLC will work within the community to identify and approve APs that meet the above requirements, providing as many opportunities for the community to participate as possible. A complete list of APs will be provided when .gay is placed in the root and the list will be maintained and updated as APs are added or removed. APs will be reviewed by dotgay LLC on a periodic basis (eg. every 1-3 years) to ensure they meet all requirements. dotgay LLC will provide APs with the means of allocating CICs required to register names on .gay.
Registerable names on .gay
Community members that have received a CIC as per the requirements set forth in Eligibility will be permitted to register second-level names that are:
1. Not words or phrases that incite or promote discrimination or violent behavior, including anti-gay hate speech.
2. In accordance with the ICANN-related name restrictions outlined in Specification 5 of the Registry agreement (unless otherwise expressly authorized in writing by ICANN).
3. Not part of the Registry-defined reserved lists outlined below;
a. Index words. Words designated for the index directory.
b. Founders names. These are names that are reserved for Founders of .gay as outlined in 18(c)(i). They will remain reserved only until they are registered by the Founders, either at the beginning or the end of the Sunrise period accordingly.
c. Sunrise B names. Includes names from Sunrise B as outlined on 18(c)(i).
d. Registry Designated names. Includes names designated by dotgay LLC for use in operation of the Registry.
e. Premium Auction names. Names reserved for auctions conducted by dotgay LLC, including generic words.
f. Sensitive names. Names that the Registry Advisory Board (RAB) may recommend be reserved by dotgay LLC because they are deemed sensitive on .gay, including words or phrases that incite or promote discrimination or violent behavior.
Content & Use:
Content & Use Restrictions
• dotgay LLC will make best efforts to prevent incitement to or promotion of real or perceived discrimination based upon race, color, gender, sexual orientation or gender expression, ethnicity, religion or national origin, or other similar types of discrimination that violate generally accepted legal norms recognized under principles of international law.
• Registrants are not permitted to give non-community members access to sub-level domains.
• dotgay LLC will use web metasearch technology to help determine that policies are adhered to at all levels.
Investigation Practices & Mechanisms
Registry will utilize an Ombudsman function to be the initial point of contact for reports, including complaints, disputes and matters related to abuse of policy. The Office of the Ombudsman (OTO) will be responsible for receiving and evaluating all such reports, including those from law enforcement and governmental and quasi-governmental agencies.
Registry will use a Community Watch mechanism, wherein the members of the community can easily report any infraction of Registry policies. A web-based reporting system established by the Registry will be the suggested method of contact for all matters related to enforcement. The OTO will be responsible for investigating all such reports. To the extent possible, all communications between the Registry, claimants and registrants regarding enforcement matters will be conducted electronically, however at the discretion of the OTO other methods of communication may be used.
The Ombudsman function will also have within its responsibility, creation and management of a statistical method of sampling adherence to the policies of the Registry. The Ombudsman function will be responsible for periodic reporting on the statistics related to complaints, enforcement and solutions.
Reporting will ultimately be addressed by one of the following enforcement agents, using the appropriate dispute resolution policy. Matters that cannot be resolved by the OTO will be referred to the appropriate dispute resolution process. The Registry will be bound by the decisions made by the dispute resolution processes.
Resources Allocated to Enforcement
○Registry provided independent agent or agents
○Attempts to resolve issues amicably between complainant and registrant
○Acknowledges and documents all Registry related reports and resolutions
○Administers notifications and warnings related to Registry policy
○Reports to Registry when policy violations are not corrected in the required time
○As required by due process and ICANN rules, cooperates with law enforcement, privacy protection regulations and other regulatory frameworks
○Redirect complaints that cannot be resolved by the OTO, to the appropriate dispute resolution process.
-Uniform Dispute Resolution Policy (UDRP) as defined by ICANN
-Uniform Rapid Suspension (URS) as defined by ICANN
-Registry Restrictions Dispute Resolution Procedures (RRDRP) as defined by ICANN
-Trademark Post Delegation Dispute Resolution Procedure (Trademark PDDRP) as defined by ICANN
-Registry Policies Dispute Resolution Procedure (RPDRP) as defined below.
• Registry Policies Dispute Resolution Procedure (RPDRP)
○The RPDRP is similar to the RRDRP except that it is responsible for resolving all disputes concerning Registry established policies, such as naming policy.
Registrants who have not been successful in Registry policy dispute resolution will have the one-time opportunity to make a reconsideration appeal around the policy decision. The reconsideration appeal will be through an online appeal mechanism provided by the Registry. Reconsideration appeals must include a stated reason for request of reconsideration.
Any Registrant taken down or suspended for a Registry related violation will also have the option to submit an appeal for reinstatement. Registrants will submit appeals directly with the RPDRP appointed dispute resolution provider. All claimants must follow the online appeal process provided by the appointed dispute resolution provider.
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