.NYC Go Live Scheduled for October 8th, 2014

The launch policies for .NYC domain registry were just published by ICANN and they are lengthy.

The “Plan has been developed to describe the Launch Program for the .nyc Top Level Domain (“TLD”) by The City of New York by and through the New York City Department of Information Technology & Telecommunications (“Registry Operator”).

Launch Schedule:

The following is a brief overview of each of the periods that will be implemented in launching the TLD.

These periods are described in greater detail in the relevant sections of this document. This Plan is not applicable to General Availability:

.nyc Launch Schedule

Phase

Duration

Claims Period

Start Date

Start Time UTC

End Date

End Time UTC

Sunrise

45 days

No

May 5, 2014

15:00:01

June 20, 2014

15:00:00

City Government Affiliated Phase

36 days

Yes

June 25, 2014

15:00:01

July 31, 2014

15:00:00

Landrush Period

60 days

Yes

August 4, 2014

15:00:01

October 3, 2014

15:00:00

General Availability

n/a

Yes

October 8, 2013

15:00:00

n/a

n/a

Although General Availability says it will start on October 8, 2013 they mean 2014.

Registry Operator will offer a 45 day Sunrise Period, specifically in relation to Rights Protection Mechanisms. The Sunrise Period allows trademark holders the ability to secure their trademarks in a.nyc TLD prior to the City Government Affiliated Phase, Landrush Period and General Availability.

During the Sunrise Period, only SMD File holders (or their agents) are allowed to submit Sunrise Application(s). Successful Sunrise Registration(s) will be allocated to trademark holders after the Sunrise Period ends unless two or more Sunrise
Applicants apply for the same TLD. In that case, the Sunrise Applicants will resolve contentions through an auction process with the Registry Operator’s authorized Auction Provider.

Registry Operator will offer a thirty (30) day City Government Affiliated Phase. This limited registration period will make available certain domain names reserved by New York City to qualified New York City government affiliated agencies, organizations and entities.
All domain name registered during this period shall be registered through an ICANN-Accredited Registrar to registrants that have been validated by the New York City Government to receive such domain names. In addition, all name registered shall be included in ICANN’s mandatory trademark claims process.

For the City Government Affiliated Phase, any name that found on the .nyc SLD block list, found at http://www.icann.org/sites/default/files/tlds/nyc/nyc-apd-list-12nov13-en.csv will be available for registration, but cannot be activated in the DNS until ICANN permits.

Registry Operator will offer a sixty (60) day Landrush Period. A Landrush Period operates to allow any eligible Applicant to apply for a domain name in the TLD before the commencement of General Availability.

Where there are multiple Applications for the same domain name during the Landrush Period these Applications will proceed to auction. In order to resolve multiple Applications for the same domain name, the Applicant will be invited to take part in an auction.

.nyc Nexus Policy
The City of New York desires to have only those individuals or entities having a substantive and lawful connection to the City be permitted to register for .nyc domain names (“Nexus Policy”).
1. Registrants in .nyc must be either:

a. a natural person whose primary place of domicile is a valid physical address in the City of New York (“Nexus Category 1”); or

b. an entity or organization that has a physical street address in the City of New York (“Nexus Category 2”).

2. The existence of a P.O. Box address in the City of New York shall not qualify for purposes of meeting the Nexus Policy.

3. Registrants must agree in their Agreement with their Registrar and/or Reseller, as applicable, that they are in compliance with all relevant Federal, New York State and New York City laws, including the tax requirements for conducting business via the Internet.

4. Registrants must remain in compliance with the applicable Nexus Category for the entire period of such domain name’s registration by the registrant.

5. Registrars shall require that all registrants certify that they satisfy the Nexus Policy.

6. Registrants may not license, sub-delegate or otherwise transfer .nyc domain names to third parties that otherwise fail to meet the requirements of this Nexus Policy.

Premium Names:

Registry Operator, at its sole discretion, reserves the right to reserve certain domain names that will be made available for registration, during the Launch Program and General Availability, through an auction process by the Auction Provider for a premium fixed price or bidding auction. Such domain names may be subject to a premium registration fee that is independent to any fee paid at auction.

Additionally, Registry Operator, at its sole discretion, reserve certain domain names that expire during General Availability, to be made available for registration.
Acceptable Use Policy
By registering a name in the .nyc top-level domain (.nyc), you represent and warrant that you will not use that registration for any illegal purposes, including without limitation, to:

Distribute malware or engage in malicious hacking, bot-netting, phishing, pharming, fast flux hosting, fraudulent or deceptive practices;
Use, promote, encourage the promotion of, or distribute child abuse images or engage in the exploitation of minors in any way;
Illegally sell or distribute pharmaceuticals;

Infringe the intellectual property rights of any other person or entity including, without limitation, counterfeiting, piracy or trademark or copyright infringement;

Impersonate any person or entity, or submit information on behalf of any other person or entity, without their express prior written consent;

Violate the privacy or publicity rights of any other person or entity;

Promote or engage in any spam or other unsolicited bulk email;

Distribute software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or computer or network hacking or cracking;
Interfere with the operation of .nyc or services offered by the .nyc Registry Operator; or

Otherwise engage in activity that is contrary to applicable U.S., State or local law or .nyc Policies.

By registering a name in .nyc:

You represent and warrant that you have provided current, complete, and accurate information in connection with your Registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting Registration or Reservation. Your obligation to provide current, accurate, and complete information is a material element of this Agreement, and the .nyc Registry Operator reserves the right to immediately deny, cancel, terminate, suspend, lock, or transfer any Registration if it determines, in its sole discretion, that the information is materially inaccurate;

You consent to the collection, use, processing, and/or disclosure of your personal information in the United States and in accordance with the .nyc Privacy Policy posted on the .nyc website at http://www.nic.nyc.

You acknowledge and agree to abide by all .nyc Policies set forth on the .nyc website at http://www.nic.nyc. You specifically acknowledge and agree that the .nyc Policies may be modified by the .nyc Registry Operator, and agree to comply with any such changes in the time period specified for compliance;

You acknowledge and agree that the .nyc Registry Operator reserves the right to disqualify you or your agents from making or maintaining any Registrations or Reservations in the .nyc if you are found to have repeatedly engaged in abusive registrations, in its sole discretion;

.NYC Administrator 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 if it reasonably concludes that the domain name is being used in a manner that appears to (i) conflict with this Policy, (ii) threaten the stability, integrity or security of the .nyc TLD, the DNS or the global Internet, or any of its registrar partners and/or (iii) put the safety and security of any registrant or user at risk. The process also allows the Registry to take proactive measures to detect and prevent criminal conduct or cybersecurity threats.

You acknowledge and agree that the .nyc Registry Operator reserves the right, in its sole discretion, to take any administrative and operational actions necessary, including the use of computer forensics and information security technological services, among other things, in order to implement the Acceptable Use Policy.

In addition, the .nyc Administrator 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: to enforce .nyc Policies, as amended from time to time; to protect the integrity and stability of the .nyc Registry Operator, its operations, and the .nyc; to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the .nyc Registry Operator or you;

to establish, assert, or defend the legal rights of the .nyc Registry Operator or a third party, or to avoid any liability, civil or criminal, on the part of the .nyc Registry Operator as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;

to respond to violations of this policy;

to correct mistakes made by the .nyc Registry Operator or any Registrar in connection with a Registration or Reservation; or
as otherwise provided herein.

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