Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotMobi”), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this Agreement in agreeing to Safenames Ltd being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods,
and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotMobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1).


Sunrise Challenge Policy
1. Purpose. This Sunrise Registration Challenge Policy (the “Policy”) has been adopted by
Mobile Top Level Domain, Ltd (“mTLD”) and is incorporated by reference into the Sunrise
registration agreement (the “Registration Agreement”) between you (as the “Registrant”)
and us (as the “Registrar”). Thus, the Policy applies to all domain names registered
during the Sunrise Registration Period, i.e. between Monday, May 22, 2006 and Monday,
August 21, 2006, whether or not such names were subsequently transferred. The Policy
sets forth the terms and conditions that will apply in the event of a dispute between you
and any party other than us or mTLD regarding the compliance of your registration of a
.mobi top-level domain name (the “Domain Name”) with the Sunrise Registration
Conditions set forth in the Registration Agreement and reproduced in Paragraph 4(c) of
this Policy (“Sunrise Registration Conditions”). mTLD may itself also initiate challenges in
connection with Sunrise registrations appearing to be made in violation of the Sunrise
Registration Conditions (“Registry Challenges”); such Registry Challenges may also be
submitted after the conclusion of the Sunrise Challenge Period, which begins Monday
August 28, 2006, one week following the conclusion of the Sunrise Registration Period,
and ends Friday, December 15, 2006.
The footnotes to this Policy are an integral part thereof.
Proceedings under Paragraph 4 of this Policy will be conducted pursuant to the Rules for
Sunrise Registration Challenge Policy (the “Rules”), which are available online at
[www.mtld.mobi].
2. Registrant Representations. By applying to register a Domain Name in accordance with
the Sunrise Registration Conditions, you hereby represent and warrant to us that (a) the
statements that you made in your Registration Agreement are complete and accurate; (b)
the registration of the Domain Name complies with the Sunrise Registration Conditions;
(c) to your knowledge, neither the registration nor the use of the Domain Name will
infringe upon or otherwise violate the rights of any third party; (d) you are not registering
the Domain Name for an unlawful purpose; and (e) you will not knowingly use the
Domain Name in violation of any applicable laws or regulations. It is your responsibility to
determine whether your Domain Name registration infringes or violates someone else’s
rights and complies with the terms and conditions of the Registration Agreement.
mTLD reserves the right to cancel, at any time, a domain name registered in violation of
any of the above-mentioned conditions.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make
changes to a domain name registration that is subject to this Policy under the following
circumstances:
a. Subject to the provisions of Paragraph 5, our receipt of written or appropriate
electronic instructions from you or your authorized agent to take such action; and/or
b. Our receipt of an order from a court or arbitral tribunal, in each case of competent
jurisdiction, requiring such action; and/or
c. Our receipt of a decision requiring such action in any administrative proceeding to
which you were a party and which was conducted under this Policy or a later version of
this Policy adopted by mTLD.
mTLD may also cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of the Registration Agreement or other legal
requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a
mandatory administrative proceeding. These proceedings will be administered by the
World Intellectual Property Organization Arbitration and Mediation Center (the “Center”).
a. Applicable Disputes. You are required to submit to a mandatory administrative
proceeding in the event that a third party (the “Challenger”) asserts to the Center, in
compliance with the Rules, that:
(i) at the time of your registration of the Domain Name, no current (non-expired)
trademark or service mark was registered in your name;1 or
(ii) the Domain Name is not identical to the textual or word elements of the
trademark or service mark registration on which the registration of your Domain
Name is based;2 or
(iii) the trademark or service mark registration on which the registration of your
Domain Name is based is not of national effect;3 or
(iv) the trademark or service mark on which the registration of your Domain
Name was based was not registered or applied for, prior to July 11, 2005, with
the trademark authority with which the mark is registered4.
1 The trademark or service mark registration must be in the name of the Domain Name registrant. A trademark license
will not be considered sufficient, nor will a registration in the supplemental register of the United States Patent and
Trademark Office. Unregistered trademark or service marks, or other rights in distinctive signs (such as trade names,
personal names, geographical indications etc.), do not meet the Sunrise Registration Conditions.
2 Identity will be deemed to exist also where there is a space between the textual or word elements of the mark (e.g.,
“service mark”) and, in the Domain Name, a hyphen is used or the elements are combined (e.g., service-mark.mobi or
servicemark.mobi). Identity will also be deemed to exist when special characters in the trademark or service mark
(such as ~ @ # $ % ^ & * ( ) + = < > { } [ ] | \ / ) , spaces, and punctuation (such as : ; “ ‘ , . ?), are, in the Domain Name,
eliminated entirely (no space), replaced with hyphens within a domain name or transcribed in a conventionally accepted
way. For example, if you own a trademark registration for “Service & Mark” and qualify to register in .mobi, you may apply
for servicemark.mobi, service-mark.mobi, or serviceandmark.mobi. If the trademark contains letters which
contain additional elements that for technical reasons cannot be reproduced in the domain name, such as ä, é or ñ, the
letters concerned must, in the Domain Name, be reproduced without these elements (such as a, e, n), or must be
replaced by conventionally accepted spellings (such as ae for ä). In all other respects, the Domain Name must be
identical to the textual or word elements of the mark.
3 For instance, European Community trademarks meet the condition of national effect, but United States state trademarks
or service marks do not.
4 The trademark or service mark must have been registered in the name of the domain name registrant prior to July 11,
2005. It will also be considered sufficient if the Domain Name registrant had applied for the trademark or service mark
before that date, provided that the mark is registered by the time of the Domain Name registration.
All challenges under this Policy (except for any Registry Challenges) must be submitted,
no later than December 15, 2006 at 23:59 UTC. Proceedings under the Uniform Domain
Name Dispute Resolution Policy (UDRP) shall not be brought against a Domain Name,
as long as such Domain Name is, or can be, subject to a challenge under this Sunrise