Domain Name Registration Policies(Version 1.0 June 6, 2014)

Contents
Contents................................................................................................................................................................................................... 2
Definitions ............................................................................................................................................................................................... 3
Introduction............................................................................................................................................................................................ 5
Purpose and Principles of the .okinawa TLD ............................................................................................................................. 5
Launch Phases ....................................................................................................................................................................................... 6
Chapter 1. The Sunrise Phase and Trademark Claims Notice Services ........................................................................... 7
1.1. Purpose and Principles ......................................................................................................................................................... 7
1.2. Sunrise Eligibility Requirements ........................................................................................................................................ 8
1.3. Eligible Trademarks and Domain Name Applications .............................................................................................. 8
1.4. Validation of Sunrise Applications ................................................................................................................................... 8
1.5. Sunrise Duration, Process and Term of Registration ................................................................................................ 8
1.6. Domain Name Allocation during Sunrise...................................................................................................................... 9
1.7. Sunrise Dispute Resolution Procedures ....................................................................................................................... 10
1.8. Trademark Claims Notice Services ................................................................................................................................. 10
Chapter 2. The Land Rush Phase.................................................................................................................................................. 11
2.1. Land Rush Duration, Process and Term of Registration ........................................................................................ 112.2. Domain Name Allocation during the Land Rush Phase ........................................................................................ 11
Chapter 3. Domain Name Registration and Allocation....................................................................................................... 123.1. Registration Eligibility.......................................................................................................................................................... 123.2. Domain Name Allocation .................................................................................................................................................. 123.3. Domain Name Syntax Requirements; Reserved Names; Premium Names.................................................... 13
3.4. Term of Registration ............................................................................................................................................................ 13
3.5. Abusive Use and Dispute Resolution ............................................................................................................................ 14
Chapter 4. General Provisions ....................................................................................................................................................... 14
4.1. Amendments .......................................................................................................................................................................... 14
4.2. Liability ...................................................................................................................................................................................... 14
4.3. Representation and Warranties....................................................................................................................................... 15
4.4. Notices ...................................................................................................................................................................................... 16
4.5. Severability .............................................................................................................................................................................. 16
4.6. Waiver........................................................................................................................................................................................ 16
4.7. Compliance with Law........................................................................................................................................................... 174.8. Language .................................................................................................................................................................................. 174.9. Applicable Law; Jurisdiction .............................................................................................................................................. 17

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Definitions
Accredited Registrarmeans an ICANN accredited registrar that has entered into anagreement (“the Registry-Registrar Agreement”) with the Registry
Operator and is authorized to register names in the .okinawa TLD.

Applicantmeans an individual or entity that applies to register a .okinawa
domain name with an Accredited Registrar.

Auction Provider

means pool.com.

Domain Namemeans a name at the second level within the .okinawa TLD.

Eligible Trademarkmeans a registered trademark that meets the requirements describedin Chapter 1 of this policy.

General Availability

means the period commencing after the launch phases during whichavailable Domain Names can be registered on a first-come, firstserved basis, under the process described in Chapter 3 of this policy.

ICANN

means the Internet Corporation for Assigned Names and Numbers.

IDN

means Internationalized Domain Name.

Name Collision
Block Lista list of names developed by ICANN for each new TLD based on
ICANN analysis of DNS data maintained by the DNS Operations,
Analysis, and Research Center (DNS-OARC). ICANN has determinedthat these names are a name collision risk, and may not be activatedin the DNS until the Registry implements mitigation measuresdescribed in the ICANN Name Collision Occurrence Assessment.

Policies

means these .okinawa Domain Name Registration Policies, theAcceptable Use and Anti-Abuse Policy, IDN Policy, and WHOIS AccessPolicy & Terms of Use and any other policy pertaining to theoperation of .okinawa including all annexes and any interpretative
guidelines published by the Registry in relation to these policies, as
may be amended from time to time.

Premium Namemeans a Domain Name listed in the Premium Name List that may bemade available for registration at a premium fee or initially reservedby the Registry to be auctioned or sold at a later date.

Registration Feemeans the fee charged by the Registry to the Accredited Registrar forthe registration of a Domain Name in the .okinawa TLD.

Registrant

means the individual or entity in whose name a Domain Name isregistered.

Registrymeans BusinessRalliart inc.

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Reserved Namemeans a Domain Name listed in the Reserved Name List that iswithheld from registration.

SMD Filemeans Signed Marked Data file. This is a file issued to trademark
holders by the Trademark Clearinghouse. A valid SMD file or its
contents are required to register a domain name during the Sunrise
Phase.

Sunrise Phasemeans the phase that occurs prior to opening .okinawa to generalregistration that gives trademark holders the opportunity to protect
their trademarks in the .okinawa namespace. Holders of marks
registered in the Trademark Clearinghouse will be entitled to submit
Applications for strings that are exactly identical to the Applicant’s
mark, in accordance with the provisions laid down in Chapter 1
hereof;TLD

means Top-Level Domain

Trademark Claims
Notice Service

Trademark
Clearinghouseone of the trademark rights protection mechanisms introduced by
ICANN to support the protection of trademark rights during thelaunch phases of new gTLDs. The Trademark Claims Notice Service
will be in effect throughout the Land Rush phase and for the first 90
days of General Availability. During this time (i) potential registrants
will receive real-time notification when attempting to register a namethat corresponds to a trademark registered in the Trademark
Clearinghouse, and (ii) Trademark holders will be notified when aname corresponding to their trademark is registered.

A repository of trademark data that supports the protection of
trademark rights in new gTLDs. Registering a trademark in theclearinghouse is a pre-requisite to Sunrise applications for all new
gTLDs. The Trademark Clearinghouse also supports provision of theTrademark Claims Notice Service.

UDRP

means the Uniform Dispute Resolution Policy as described at
http://www.icann.org/dndr/udrp/policy.htm.

URSmeans the Uniform Rapid Suspension (System) procedure and rules.

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Introduction
This Policy describes:
1.

the terms under which Applications can be submitted to the Registry during thelaunch phases of .okinawa, as well as how the Registry will deal with Domain Name
Registration requests;

2.

the way in which Applications will be processed and, insofar as these Applications are
submitted during the Sunrise Period, validated by the Trademark Clearinghouse; and3.

in general, all the technical and administrative measures that the Registry shall use toensure proper, fair, technically stable administration of the .okinawa TLD, setting out
the basic rules and procedures applicable to: Applicants submitting an Application with the Registry;
 the Registry;
 the Accredited Registrars;
 the Trademark Clearinghouse Operator; and any natural person or entity interested in registering a Domain Name.

The most recent versions of the Acceptable Use and Anti-Abuse Policy and all other policies
governing the operation of the .okinawa TLD are available on the Registry Website at
http://www.gmoregistry.com, or upon request to newgtld@gmoregistry.com.

Purpose and Principles of the .okinawa TLD.okinawa is a GeoTLD representing the prefecture of Okinawa, Located in the southern part ofJapan, Okinawa Prefecture is surrounded by clean oceans and nature, and has a subtropicalclimate, with its own unique history, traditions, languages, and cultures. It is one of the mostpopular tourist destinations offering recreational and marine activities in Japan.
GeoTLDs are domain extensions that represent cities, states or geographic regions. All
GeoTLDs are supported by their respective governments.
The purpose of .okinawa is to promote .okinawa and provide an opportunity for citizens,businesses and community groups to link their identities to the city’s brand. By bringing
together quality and informative content, .okinawa provides a platform to effectively delivercity information to Internet users both locally and globally. It is also an important goal for theRegistry that .okinawa is operated as a trusted, safe, secure, relevant and enjoyablenamespace.

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Launch Phases

Phase

LengthDescription

SunriseJuly 1, 2014 (12:00 JST) –August 30, 2014 (23:59 JST)

Period during which holders of Eligible Trademarks will
have the opportunity to submit an Application forregistration of the corresponding Domain Name in
the .okinawa TLD. If more than one Applicant has
submitted an Application during this phase for an
identical Domain Name, the successful Applicant will be
determined by Auction;

Land Rush

September 8, 2014 (12:00
JST) – October 8, 2014
(23:59 JST)

Period during which any interested party shall have theopportunity to submit one or more Applications for
Domain Names that were not previously allocatedduring the Sunrise Phase, or otherwise reserved by theRegistry. If more than one Applicant has submitted an
Application during this phase for an identical Domain
Name, the successful Applicant will be determined by
Auction;GeneralAvailability

October 14, 2014 (12:00 JST)

Period commencing after Land Rush where available
Domain Names can be registered by any natural personor entity on a first-come, first served basis;

TrademarkClaims Notice
Service (Phase
1)

Throughout Land Rush andfor the first 90 days ofGeneral Availability

Period during which (i) the registrar is required toprovide notice to all potential Domain Name
Registrants who attempt to register a domain namethat matches a Trademark Record verified by theTrademark Clearinghouse (“a Claims Notice”) and (ii)
The Trademark Clearinghouse will provide Notice ofRegistered Names (“NORNs”) to trademark holder;

TrademarkClaims Notice
Service (Phase2)

Ongoing

During Phase 2, trademark holders will continue toreceive notification from the Trademark Clearinghousewhen a label matching their mark is registered, but
potential Registrants will no longer be notified by theregistrar when attempting to register a Domain Namethat matches a Trademark Record in the Trademark
Clearinghouse.

*BusinessRalliart reserves the right to revise or extend the schedule of any of the above launchphases at its sole discretion. However, the Sunrise Phase will last for a minimum of 60 days
and the Trademark Claims Notice Services (Phase 1) will be in effect for at least the durationof Land Rush and the first 90 days of General Availability. BusinessRalliart will provide at least
10 calendar days notice of any change to the commencement of the Sunrise phase and at
least four calendar days notice of an extension of any of the Launch phases via the Registry
Website.

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Chapter 1. The Sunrise Phase and Trademark Claims Notice Services
1.1. Purpose and Principles
The Sunrise Phase and Trademark Claims Notice Services are rights protection mechanisms
required by ICANN to support the protection of verified legal rights for Trademark holders.
The Sunrise Phase provides holders of Eligible Trademarks with the opportunity to apply for
and register Domain Names that correspond with such trademarks, as set out in this Chapter.
During the first phase of the Trademark Claims Notice Services, registrars will display real-time
notices to customers that attempt to register a domain name matching a Trademark Record
verified by the Trademark Clearinghouse. If the Applicant proceeds to register the domain
name, the Trademark Holder will receive notice of the registration.
The Sunrise Phase and Trademark Claims Notice Services are facilitated by the Trademark
Clearinghouse, a centralized database of trademark data used by all new gTLD registries.
Registration in the Trademark Clearinghouse is mandatory for all applications for domainnames during the Sunrise Phase.

1.2. Sunrise Eligibility Requirements
Only registered owners, licensees or assignees of Eligible Trademarks may participate in the
Sunrise Phase. Applications to register domain names are submitted to the Registry by an
Accredited Registrar who acts on behalf of the Applicant, but for its own account.
The Registry will only effectuate a Domain Name Registration insofar and to the extent that:the Domain Name meets the criteria set out in these Policies;
the Domain Name corresponds exactly with a trademark registered by the Applicant
in the Trademark Clearinghouse;a valid SMD file is submitted at the time of Application;
the Application matches a label contained within the SMD file; andthe Domain Name is available.








The Registry may reject, revoke or delete at any time, any Application or resulting registrationof a Domain Name if it appears that the Applicant did not fulfill the eligibility requirements,
without the Applicant or Domain Name Holder being entitled to any reimbursement orcompensation as a result of such rejection, revocation or deletion.

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1.3. Eligible Trademarks and Domain Name Applications“Eligible Trademarks” may be one of the following:nationally or regionally or registered trademarks;
court-validated marks; andmarks protected by statute or treaty

An “Eligible Trademark” is a trademark that meets all of the requirements described in theTrademark Clearinghouse Guidelines (http://www.trademark-clearinghouse.com/) and has
been verified and registered in the Trademark Clearinghouse database.
During the Sunrise Phase, the Domain Name applied for must be an identical match to a label
contained within the SMD file submitted with the Application. In addition, it is not possible toregister Trademarks that contain mixed scripts (ie. a combination characters from different
IDN sets or a combination of IDN and ASCII characters) during the Sunrise Phase. Domain
Name Applications must also meet the syntax requirements in Chapter 3 subsection 3 of thisPolicy.

1.4. Validation of Sunrise Applications
Applications submitted during the Sunrise Phase are subject to validation by the Registry with
the Trademark Clearinghouse, which is a condition precedent for the Registry to proceed withthe registration of the Domain Name requested in the Application.
The Registry will only process complete Applications submitted with a valid SMD file.
If the Registry is unable to validate the SMD file or if the requested string does not match alabel contained in the SMD file, the Application will be rejected.

1.5.

Sunrise Duration, Process and Term of Registration

The Sunrise Phase will be open for 60 calendar days. The Registry may, at its discretion extend
the Sunrise phase at any time. Notice of any extension will be published on the Registry
Website.
During the Sunrise Phase, Applications for Domain Name Registrations shall be submitted to
the Registry through an Accredited Registrar together with a valid SMD file.
After the close of the Sunrise Phase, the Registry will validate all applications received. If an
Application is successfully validated and the Registry has received no other Applications forthe string, the Domain Name will be automatically allocated to the Applicant and theRegistration Fee will be charged to the Registry. In cases where two or more successfully
validated Applications are received for the same Domain Name, the successful Application will
be determined by Auction.
Domain names may be registered for 1 year during the Sunrise phase. Domain names
registered during the Sunrise phase may not be transferred for 60 calendar days.

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1.6 Domain Name Allocation during Sunrise
Single Applications
With the exception of Domain Names that are Reserved Names or Domain Names allocatedto the Registry, Domain Names that receive only one Application in the Sunrise Phase, and aresuccessfully validated according to these Policies will be allocated to the Applicant.
The Registry shall allocate the Domain Name to the Applicant within 7 business days of theclose of the Sunrise Phase and the Registration Fee will be charged to the Registrar.
Multiple Applications
Applications received during the Sunrise Phase will be treated as received at the same time,
which will be the time of the close of the Sunrise Phase. If more than one Application for anavailable Domain Name has been received during the Sunrise Phase, and more than one of
the Applications were successfully validated, the relevant Applicants will be invited to an
auction for that Domain Name. Bidding is only open to Applications that have beensuccessfully validated.
The Registry shall inform the Auction Provider of the Domain Name and its corresponding
Applications. Auctions will be conducted in accordance with the Auction Rules defined by theAuction Provider, and the Registry will award the Domain Name registration to the Applicant
that prevailed at Auction.
Auction Process; Communication with Eligible Bidders; Allocation
Insofar and to the extent the Registry will allocate Domain Names on the basis of theoutcome of an auction process, eligible bidders for such Domain Names will be invited to
auction by email. Prior to the commencement of an auction, each eligible bidder will be
provided with the required information necessary to participate in the relevant auction.
An Applicant is only considered an eligible bidder for a Domain Name if its Application has
passed the validation process.

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Handling of Applications for Names Listed on the Name Collision Block List
Applications for names listed on the Name Collision Block List for .okinawa will be acceptedby the Registry, but will not be allocated or activated in the DNS until permitted by ICANN.
No Registration Fee will be charged until the Domain Name is activated.

1.7.

Sunrise Dispute Resolution Procedures

Domain name registrations may be challenged under the Sunrise Dispute Resolution
Procedures. Please refer to the Sunrise Dispute Resolution Policy and the NAF Sunrise
Dispute Resolution Policy Rules available on the Registry Website.

1.8.

Trademark Claims Notice Services

During the first phase of the Trademark Claims Notice Services the (i) the Registrar will be
required to provide notice to potential Domain Name Registrants if a domain they are seeking
to register matches a Trademark Record verified by the Trademark Clearinghouse (“a Claims
Notice”) and (ii) The Trademark Clearinghouse will provide Notice of Registered Names(“NORNs”) to Trademark holders if a Domain Name is registered that matches their
Trademark Record. During the second phase of the Trademark Claims Notice Service only (ii)will be provided.
Term
The Trademark Claims Notice Services (Phase 1) will be provided for the duration of the Land
Rush Phase and for the first 90 days of General Availability. The Registry may extend thisphase at any time. At least 4 calendar days notice of any extension will be published on theRegistry Website. The second phase of the Trademark Claims Notice Service will begin on the
91st day of General Availability and continue on an ongoing basis.
Trademark Claims Notices
When a potential Registrant attempts to register a domain name during the Trademark
Claims period, the registrar is required to display a Claims Notice in real time before accepting
registration. The Claims notice MUST be provided in English, and SHOULD be provided in thelanguage of the registrar’s registration agreement. The Claims Notice does not prohibit adomain name registration; however an affirmative confirmation from the potential registrant
must be required.
Notice of Registered Names (“NORNs”)
During the Claims Notice period, the Trademark Clearinghouse will notify Trademark Holders
if a Domain Name is registered that matches a Trademark Record in the Trademark
Clearinghouse.

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Chapter 2. The Land Rush Phase
During the Land Rush phase, subject to the provisions of these Policies, any interested party
shall be entitled to submit one or more Applications for any Domain Name that has not been
reserved, registered or awarded by the Registry in the context of any of the processes orphases preceding the Land Rush, and meets the technical requirements imposed by theRegistry.

2.1.

Land Rush Duration, Process and Term of Registration

The Land Rush phase will be open from September 8, 2014 to October 8, 2014. The Registrymay, at its discretion extend the Land Rush Phase at any time. Notice of any extension will be
published on the Registry Website.
During the Land Rush phase, Applications for Domain Name Registrations shall be submitted
to the Registry through an Accredited Registrar together with the Land Rush Application Fee.
After the close of the Land Rush Phase, in cases where only one Application in received for a
Domain Name, the Domain Name will be automatically allocated to the Applicant and theRegistration Fee will be charged to the Registry. In cases where two or more successfully
validated Applications are received for the same Domain Name, the successful Application will
be determined by Auction.
Domain names are allocated in accordance with the procedures laid out in Article 2.2 of thisPolicy.
Domain names may be registered for 1 year during the Land Rush phase. Domain names
registered during the Land Rush phase may not be transferred for 60 calendar days.

Article 2.2.

Domain Name Allocation During the Land Rush Phase

Single Applications
With the exception of Domain Names that are Reserved Names or registered Domain Names,
Domain Names that receive only one Application during the Land Rush phase will beallocated to the respective Applicant.
The Registry shall allocate the Domain Name to the Applicant within 7 business days of theclose of the Land Rush Phase and the Registration Fee will be charged to the Registrar.
Multiple Applications
Applications received during the Land Rush Phase will be treated as received at the same time,
being the close of the Land Rush Phase. If more than one Application for an available Domain
Name has been received during the Land Rush Phase, the relevant Applicants will be invited
to an auction for that Domain Name. Bidding is open to Applications received during theLand Rush Phase only.
The Registry shall inform the Auction Provider of the Domain Name and its corresponding
Applications. Auctions will be conducted in accordance with the Auction Rules defined by the11

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Auction Provider, and the Registry will award the Domain Name registration to the Applicant
that prevailed at Auction.
Auction Process; Communication with Eligible Bidders; Allocation
Insofar and to the extent the Registry will allocate Domain Names on the basis of theoutcome of an auction process, eligible bidders for such Domain Names will be invited to
Auction by email. Prior to the commencement of an auction, each eligible bidder will be
provided with the required information necessary to participate in the relevant auction.
An Applicant is only considered an eligible bidder for a Domain Name if its Application has
been accepted by the Registry during the Land Rush Phase.

Chapter 3. Domain Name Registration and Allocation
3.1.

Registration Eligibility

Any natural person or entity is eligible to register domain names in the .okinawa TLD.
BusinessRalliart believes that broad registration and usage of .okinawa is essential to the goalof promoting Okinawa as a brand and building a platform for the effective delivery of
Okinawa related information to Internet users worldwide.

3.2.

Domain Name Allocation

During the Sunrise and Land Rush phases, Domain Names are allocated in accordance withthe procedures described in subsections 1.6 and 2.2 respectively.
After completion of the launch phases, the .okinawa TLD will move into the General
Availability phase. During General Availability, with the exception of Domain Names that arereserved or have already been registered, any Domain Name that meets the technicalrequirements imposed by the Registry, may be registered by any interested party.
The Registry shall effectuate such Domain Name registrations on a first-come, first-served
basis, subject to the terms and conditions of this policy. This entails that, in principle, the firstcomplete and technically correct request to register a Domain Name submitted by an
Accredited Registrar and received by the Registry System will result in a Domain Nameregistration.
The date for the commencement of General Availability is subject to change, and Domain
Name registrations will not be effected on a first-come-first-serve basis until after General
Availability opens, irrespective of whatever date may have been previously published.

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3.3. Domain Name Syntax Requirements; Reserved Names; Premium Names
Syntax Requirements for ASCII Domain Names the A-label may only contain letters A-Z (case insensitive) the numbers 0-9, andhyphens;
 the Domain Name cannot begin or end with a hyphen (“-“); the Domain Name cannot have two consecutive hyphens (“--") in the 3rd and 4th
positions; underline characters are not allowed;
 the Domain Name cannot exceed 63 characters (excluding the TLD); the Domain Name must have a minimum length of 3 characters.
Syntax Requirements for IDN Domain Names the "A-label" must be valid according to the IDNA2008 rules. This is tested bydecoding the A-label to a UTF-8 string, and then re-encoding. If the re-encoded
string matches the original string, this test is passed.
 the A-label must be a valid domain name in its own right (ie length and composition
rules for ASCII domain names must also successfully be passed).
Available languages/scripts, IDN tables and variant policy are defined separately in theBusinessRalliart IDN policy.
The Registry reserves the right to make Domain Names available that deviate from the above
syntax requirements at any point in time, under additional or supplemental rules and policies.
Reserved Names
The Registry reserves two-character labels, country and territory names and other labels inaccordance with the .okinawa Registry Agreement.
The names of wards, cities, towns and villages in Okinawa, strings related to tourism andtransportation in Okinawa, and other names related to the public interest will be reserved
initially. These names may be released at a later date and may be used to promote Okinawa
prefecture and activate the economy, industries and culture of Okinawa. The list of reserved
domain names shall be revised upon request of the Okinawa Prefecture. Names reserved by
the Registry are listed in the Reserved Names List. This list is subject to revision at theRegistry’s discretion.
Premium Names
The Registry may, at our discretion, reserve certain domain names that will be made available
for registration, either at a premium price or by Auction at a schedule to be determined by
the Registry.

Article 3.4.

Term of Registration

Domain names may be registered for a period of 1-10 years. The term of registration shallcommence on the date of registration of the Domain Name, and shall expire on the same dayof the same month in the following year.

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Article 3.5.

Abusive Use and Dispute Resolution

UDRP
All domain name registrations in .okinawa are subject to UDRP.
URSThe URS System is applicable to all .okinawa registrations for trademark owners who seek arapid system to take down domain names which infringe on their rights.
Acceptable Use and Anti-Abuse Policy
Please refer to the Acceptable Use and Anti-Abuse Policy available on the Registry Website oron request to newgtld@gmoregistry.com.

Chapter 4. General Provisions
4.1.

Amendments

The Registry may amend the provisions of this Policy from time to time, which amendments
will take effect at the time they are published on the Registry Website, without prior notice toAccredited Registrars, Domain Name Holders and/or Applicants. The Registry may
furthermore issue interpretative guidelines on the Registry Website regarding the terms andprovisions of this Policy.
Registrants shall be required to comply with any registration policy amendments within 90
days.
If any part of this Policy shall be found invalid or unenforceable for any reason, the remainderof this Policy shall be valid and enforceable as if such provision was not included therein.
There shall be substituted for any such provision a suitable provision that, as far as is legallypossible, comes nearest to the sense and purpose of this Policy.

4.2.

Liability

To the extent allowed under governing law, the Registry shall only be liable in cases where
willful misconduct or gross negligence is proven. In no event shall the Registry be held liable
for any indirect, consequential or incidental damages or loss of profits, whether contractual,based on tort (including negligence) or otherwise arising, resulting from or related to thesubmission of an Application, the registration or use of a Domain Name or to the use of the
Shared Registry System or Registry Website, even if they have been advised of the possibilityof such loss or damages, including but not limited to decisions taken by the Registry toregister or not to register a Domain Name.
To the extent allowed under applicable law, the Registry’s aggregate liability for damages
shall in any case be limited to the amounts paid by the Accredited Registrar to the Registry in
relation to the Application concerned (excluding additional fees paid by the Applicant to theAccredited Registrar or reseller, and dispute resolution fees). The Applicant agrees that no
greater or other damages may be claimed from the Registry (such as, but not limited to, any
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fees payable or paid by the Applicant in the context of any proceedings initiated against adecision by the Registry to register or not to register a Domain Name). The Applicant further
agrees to submit to a binding arbitration for disputes arising from these Policies and related
to the allocation of Domain Names.
Applicants and Domain Name Registrants shall hold the Registry harmless from claims filed or
disputes initiated by third parties, and shall compensate the Registry for any costs or expenses
incurred or damages for which they may be held liable as a result of third parties taking action
against it on the grounds that the Applications for or the registration or use of the Domain
Name by the Applicant infringes the rights of a third party.
For the purposes of this Article, the term “Registry” shall also refer to its shareholders,
directors, employees, members, subcontractors, the Trademark Clearinghouse operator andits respective directors, agents and employees.
The Registry, its directors, employees, contractors and agents are not a party to theagreement between an Accredited Registrar and its Applicants, its Domain Name Holders or
any party acting in the name and/or on behalf of such Applicants or Domain Name Holders.

4.3.

Representations and Warranties

When submitting an Application during the Sunrise Phase, the Applicant and its Accredited
Registrar represent and warrant that:

the Applicant is the owner of the Eligible Trademark registered in the Trademark
Clearinghouse that corresponds to the SMD file submitted with the Sunrise
Application, or is the assignee, or is a licensee, or is duly authorized by the holder ofthe Eligible Trademark to use that Eligible Trademark as the basis of the Sunrise
Application;the Eligible Trademark mentioned in the Application is, on the date on which theTrademark is registered in the Trademark Clearinghouse, a legally valid, registeredand Eligible Trademark;

the Application contains true, accurate and up-to-date information and is made ingood faith, for a lawful purpose.

All Applicants, all Domain Name Registrants, and any party submitting a Domain Nameregistration request represents and warrants that:







15

to its knowledge, the registration of the Domain Name mentioned in the Application
or Domain Name Registration Request will not infringe upon or otherwise violate therights of any third party;
will not register a domain name for the purpose of distributing malware, abusively
operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent
or deceptive practices, counterfeiting or otherwise engaging in activity contrary toapplicable laws or regulations; andit will keep the WHOIS information related to the Domain Name accurate and up-todate at all times.
it shall participate in good faith in any proceedings described in the ..okinawa Abusive
Use and Dispute Resolution Policy commenced by or against the Applicant.
Domain Name Registration Policies |BusinessRalliart Inc.

The Accredited Registrar must ensure that Applicants and Domain Name Holders expressly
acknowledge and accept that the Registry reserves the right to deny, cancel or transfer any
registration or transaction, or place any domain name(s) on registry lock, hold or similar status,that it deems necessary, in its discretion:that does not contain complete and accurate information as described in these
Policies, or is not in compliance with any other provision of these Policies; or

to protect the integrity and stability of the registry; or

to comply with any applicable laws, government rules or requirements, requests oflaw enforcement, or any dispute resolution process; or

to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates,
subsidiaries, officers, directors, and employees; orfollowing the outcome of a Dispute Resolution proceeding.

4.3.5. The Registry shall be entitled to suspend or revoke any Domain Name in case of noncompliance or violation of these Policies, and in particular these representations andwarranties.

Article 4.4.

Notices

All notices (to be) given by the Registry hereunder shall be given in writing at the email
address of the Domain Name Holder, as provided to the Registry in Article 1 above. All
notices to be given to the Registry shall be deemed to have been properly given (i) in paper
form, when delivered in person or via courier service with confirmation of receipt and (ii) byelectronic mail, upon confirmation of receipt by the Registry’s email server.

Article 4.5.

Severability

If any provision of these Policies is held to be illegal, invalid, or otherwise unenforceable, suchprovision will be enforced to the extent possible consistent with the stated intention of theparties, or, if incapable of such enforcement, will be deemed to be severed and deleted fromthese Policies, while the remainder of these Policies will continue in full force and effect.

Article 4.6.

Waiver

No waiver of any right under these Policies shall be deemed effective unless contained inwriting and signed by the party charged with such waiver, and no waiver of any right shall bedeemed to be a waiver of any future right or any other right arising under these Policies. All
rights, remedies, undertakings, obligations and agreements contained in this Agreement shallbe cumulative and none of them shall be a limitation of any other remedy, right, undertaking,obligation or agreement.

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Domain Name Registration Policies |BusinessRalliart Inc.

Article 4.7.

Compliance with Law

Either party agrees that it will not undertake, nor cause or permit to be undertaken, any
conduct or activity which is illegal under any laws, decrees, rules or regulations, or would havethe effect of causing the other party to be in violation thereof in the execution of thisAgreement.

Article 4.8.

Language

All communications, notices, designations and specifications made under this Agreement shallbe in the English language.

Article 4.9.

Applicable Law; Jurisdiction

These Policies, as amended from time to time, will be governed by the laws of Japan.
The foregoing is without any party’s right to seek injunctive or other equitable or interim relief,
which it is authorized to do in the Courts of Osaka, Japan.

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Domain Name Registration Policies |BusinessRalliart Inc.