Re: Iperdome Press Release!

[Vince Wolodkin <wolodkin@digitalink.com>]

Kent Crispin wrote:
> 
> On Wed, Jul 16, 1997 at 09:49:50AM -0400, Vince Wolodkin wrote:
> > Kent Crispin wrote:
> [...]
> > > > It would seem that some applicants may lose their $10,000 dollar
> > > > "investment" if they do not become a registrar.   Under what
> > > > circumstances could a successful applicant find his $10,000 "investment"
> > > > forfeit?  The lottery process has been canceled, is their still a 28
> > > > registrar limit?
> > >
> > > That clause, I believe, only applies to people who have been gone
> > > through the entire approval process successfully, and then back out.
> > > Some kind of committment point is necessary -- otherwise all the
> > > potential registrars could just back out.  It's just a way of making
> > > sure that only serious players participate.
> > >
> >
> > That may indeed be the intent, but with all the lawyers they have at ITU
> > you would think they could do a better job of crafting language that
> > matches intent....oooops, maybe they did.
> 
> Vince, I am not a lawyer, and perhaps I am missing something, but that
> language seems fairly straightforward to me, even for legalese.  Yes,
> if you want to be a registrar you need to put up a substantial
> application fee, and that fee is non-refundable if your application
> is accepted.  Do you see something more there?

>From the application form:

                            TERMS & CONDITIONS

TC.4  Applicant acknowledges that applicant is in no way guaranteed to
be approved as a gTLD registrar, nor is it guaranteed that modifications
will or will not be made to the Internet.

TC.9  Applicant agrees to defend, indemnify, save and hold harmless each
of the administrative Parties, from and against any and all claims,
demands, liabilities, costs and/or expenses (including, without
limitation, attorneys' fees) brought against, paid or incurred by each
of the Administrative Parties, at any time and in any way resulting
from, arising out of, or otherwise relating to applicant's application
to become a gTLD Registrar, including any alleged or actual gross
negligence or knowing and willful misconduct by the Administrative
Parties. In no event shall any of the Administrative Parties be liable
to applicant for indirect, incidental, consequential, special or
exemplary damage or expense, including without limitation, lost profits
or opportunity costs, even if the Administrative Parties has been
advised of the possibility of such damage or expense.


Read TC4 as --> we cannot guarantee that we will be able to enter any of
these new gTLDs into the Internet roots.

Read TC9 as --> if we cannot enter the gTLDs into the root, you cannot
sue us.  In fact you MUST defend us even if we already know that we
cannot get the gTLDs into the Internet roots.  Oh, and BTW, as per the
previous application language, we get to keep your $10,000.

Vince Wolodkin