.みんな Sunrise and Landrush Policy
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Sunrise and Landrush Solicitation Period
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Definition
- If not defined here, capitalized terms have the meaning stated in the Registry Registrar Agreement ("Agreement") between Registrar and Charleston Road Registry ("Registry Operator").
- Registry Operator will conduct an initial solicitation period for Sunrise Period applications that lasts at least 60 calendar days.
- Registry Operator will also conduct a solicitation period for Landrush Period applications that lasts at least 15 calendar days.
- During the time that the Sunrise Period solicitation is open but Landrush Period solicitation is not, interested parties may apply for a domain. However, all applications must be accompanied by a valid Trademark Clearinghouse ("TMCH") token to be considered Sunrise Period applications. Other applications will not be accepted.
- If there is a time that the Landrush Period solicitation overlaps with Sunrise Period applications, interested parties may apply for any domain. If the application is accompanied by a valid TMCH token, then it will be considered a Sunrise Period application. Otherwise it will be considered a Landrush Period application.
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Application Fees
- Registry Operator charges no fees for applications of either type. However, Registrars are encouraged to confirm their applicant customers are able to pay potential ensuing registration fees.
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Use of Brand
- Registry Operator may review Registrar communications related to Sunrise Period and Landrush Peroid application. Specifically, Registry Operator may request that branded mnemonical graphics, logos, or key phrases be used in conjunction with the top-level domain when presented on web pages used for processing applications, to ensure consistent recognition of the domain's authenticity throughout the application process, including email alerts, and auctions where applicable.
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Application Processing
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If only one party applies for a given domain, that domain will never go to auction, and will be awarded to the interested party (see Registrations section below).
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If multiple parties apply for the same domain, and none have a TMCH token, then all parties will go to auction for the right to register the domain (see Auctions section below).
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If multiple parties apply for the same domain, but only one of them has a TMCH claim, then that TMCH applicant will be awarded the right to register the domain. The remaining applicants will be denied the right to register the domain, but their contact information will be saved (see Failure Scenarios section below).
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If multiple TMCH applicants apply for the same domain, they will go to auction for the right to register the domain. Any non-TMCH applicants applying for that domain will be denied the right to register the domain, but their contact information will be saved (see Failure Scenarios section below).
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Auctions
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Once an auction begins, an auction provider will send a notice to participants on the Registry Operator's behalf giving them a link and login to the auction site.
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There is no minimum bid for auctions. The auction will be an English auction, and will run for 14 days, unless bids are placed in the last 24 hours in which case it extends by another 24 hours. Participants can submit proxy bids, and there is a bid increment of 1,000 JPY. The exact rules of the auction will be available to participants through the website of the auction provider.
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The auction provider will collect the second highest bid amount from the winning bidder, and charge them in Yen through credit card. Registry Operator will remit incentive payments to qualifying registrars as detailed in the Pricing Policy.
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For auctions between Sunrise applicants, if none of the parties pays the minimum bid, the domain will not be allocated to any of the Sunrise applicants, and instead will be made available to Landrush applicants or in the next registration phase.
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For auctions between Landrush applicants, if none of the parties pay the minimum bid, then Registry Operator will register the domain to the first party that applied.
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Registrations
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Once Registry Operator determines who the final recipient of a Sunrise Period or Landrush Period domain is, it charges their sponsoring Registrar the full registration price of the domain, for the entire registration period requested by the applicant.
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Technically, the applicant has not won the "domain," but rather the right to register the domain which lasts for no more than 30 days.
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Accordingly, the domain is registered and Registrar is billed immediately, but has a special SunRush Add Grace Period of 30 days (as defined in the Pricing Policy), during which Registrar can delete the domain (if for example they never receive payment from their customer), and avoid being billed for it.
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However, once Registrar sets nameservers for the domain, Registrar only has a 5 day grace period within which to delete the domain and avoid being charged.
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The registration prices for domains awarded during the Sunrise Period and Landrush Period are detailed in the Pricing Policy.
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Failure Scenarios
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In the event that a domain goes to auction, and the winner never pays their auction fees:
- Preference is given, in order, to the other auction participants.
- Then, the domain passes to the next phase of registration (to Landrush applicants for Sunrise auctions, and to General Registration for Landrush auctions).
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In the event that a domain is awarded, but then deleted by the Registrar due to nonpayment of registration fees or deleted by the registry due to Sunrise Dispute Resolution Policy objections:
- Any prior auction participants are contacted, and given preference in order of their auction standing.
- Then, any other applicants who applied for the domain but were not invited to auction (i.e. non-TMCH applicants) are invited to auction for the domain.
- Then, the domain opens up for the general registration period (as per Section 2.5 of the Agreement).
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Sunrise Dispute Resolution Policy
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Registry Operator will incorporate a Sunrise Dispute Resolution Policy ("SDRP"). The SDRP will allow challenges to Sunrise Period registrations by third parties for a ten-day period after acceptance of the registration based on the following four grounds: (i) at the time the challenged domain name was registered, the registrant did not hold a trademark registration of national effect (or regional effect) or the trademark had not been court-validated or protected by statute or treaty; (ii) the domain name is not identical to the mark on which the registrant based its Sunrise Period registration; (iii) the trademark registration on which the registrant based its Sunrise Period registration is not of national or regional effect or the trademark had not been court-validated or protected by statute or treaty; or (iv) the trademark registration on which the domain name registrant based its Sunrise Period registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before June 13, 2012, the day ICANN announced the generic Top Level Domain applications received.
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After receiving a complaint challenging a Sunrise Period application via the "Help" link at registry.google ("Complaint"), the Registry Operator's designated contact ("Sunrise Contact") will review the Complaint to see if the Complaint reasonably asserts a legitimate challenge as defined by the SDRP. If the Complaint does not, the Sunrise Contact will email the complainant within 36 hours of the Complaint to indicate that the subject of the Complaint does not fall within the SDRP, and that Registry Operator considers the matter closed.
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If the Sunrise Contact requires further information from the Sunrise Period registrant or if the domain name is not found to have adequately met the Sunrise Period eligibility requirements ("SERs"), the Sunrise Contact will promptly notify the registrant of the action and the nature of the Complaint, and provide the registrant with the option to respond within ten days to cure the SERs deficiencies. All such actions will be ticketed in Google's customer relationship management ("CRM") software to maintain accurate SDRP processing records.
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If the registrant responds within ten business days, its response will be reviewed by the Sunrise Contact to determine if the SERs are met. If the Sunrise Contact is satisfied by the registrant's response, the Sunrise Contact will then notify the complainant that the Complaint was ultimately denied and provide the reasons for the denial. If not, both the registrant and the complainant will be notified that the domain name will be released
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Registry Operator reserves the right to suspend a domain during the pendency of a SDRP dispute, and/or to cancel, transfer, or take other action deemed necessary in its discretion upon completion of its review and/or receipt of a decision under the SDRP. Upon receipt of a decision that the registration does not meet the SERs, Registry Operator expressly reserves the right to cancel, transfer, or take other action deemed necessary in its discretion.
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