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.XXX Terms

These terms and conditions (the "Agreement Schedule") supplement and are incorporated into the agreement between you and the ICANN Accredited Registrar ("Registrar") that you use to register or reserve a name in the .XXX Top Level Domain (the ".XXX TLD"). As between you and ICM Registry, LLC (the "Registry"), in the event of any conflict between this Agreement Schedule and the terms of your agreement with Registrar (the "Registrar-Registrant Agreement"), this Agreement Schedule shall prevail.

I. GENERAL TERMS AND CONDITIONS

1. By applying to register or reserve a name in the .XXX TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party.

2. You acknowledge and agree to abide by all Registry Policies set forth on the ICM website at www.icmregistry.com (the "Registry Website"). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.

3. You agree to comply with applicable ICANN Requirements as set forth on the Registry Website.

4. You represent and warrant that you have provided current, complete, and accurate information in connection with your application for a registration or reservation, 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 Schedule, and Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.

5. You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry Privacy Policy posted on the Registry Website, and incorporated by reference here. If you are visiting the Registry Website from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.

6. You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"), ICM's Charter Eligibility Dispute Resolution Policy ("CEDRP"), and ICM's Rapid Evaluation Service ("RES"), each as described on the Registry Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers and/or IFFOR from any and all directly or indirect liability associated with such dispute resolution processes.

7. You acknowledge and agree that the Registry reserves the right to disqualify you or your agents from making or maintaining any registrations or reservations in the .XXX TLD if you are found to have repeatedly engaged in abusive registrations, in its sole discretion.

8. You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any reservation or registration that it deems necessary, in its discretion, in furtherance of the following:

  1. to enforce Registry Policies and ICANN Requirements, as amended from time to time;

  2. to protect the integrity and stability of the Registry, its operations, and the .XXX TLD;

  3. 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 Registry or you;

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

  5. to correct mistakes made by the Registry or any Registrar in connection with a registration or reservation; or

  6. as otherwise provided herein.

9. You agree to indemnify to the maximum extent permitted by law, defend and hold harmless the Registry, its affiliates and service providers, and the International Foundation for Online Responsibility ("IFFOR"), and each of their respective directors, officers, employees, contractors, 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 use of any .XXX TLD name that you register or reserve. You agree that the indemnifications stated herein in survive termination of the Registrar-Registrant Agreement and the Agreement Schedule.

10. This Agreement Schedule, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State or Florida or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Florida for the purpose of litigating any such claim or action.

11. BY AGREEING TO THIS AGREEMENT SCHEDULE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE XCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

12. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake in this Agreement Schedule. You acknowledge and agree that the Registry's third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation.

13. You acknowledge and agree that domain names in the .XXX TLD are provided "as is", "with all faults" and "as available." The Registry, its affiliates and service providers, and IFFOR make no express warranties or guarantees about such names.

14. TO THE GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND IFFOR DISCLAIM IMPLIED WARRANTIES THAT THE .XXX TLD AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR DO NOT GUARANTEE THAT ANY .XXX TLD DOMAIN NAME IFFOR SERVICES, OR REGISTRY OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE .XXX TLD, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD PARTIES WILL BE ABLE TO ACCESS OR USE A DOMAIN NAME IN THE .XXX TLD (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL CREATE A WARRANTY REGARDING OPERATIONS OF THE REGISTRY OR A DOMAIN NAME IN THE .XXX TLD.

15. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON A DOMAIN NAME IN THE .XXX TLD. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERS AND/OR IFFOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY'S LIABILITY, AND THE LIABILITY OF THE REGISTRY'S AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL BE LIMITED TO THE MAXIUMUM EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE REGISTRY'S, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF THE REGISTRAR-REGISTRANT AGREEMENT AND THE AGREEMENT SCHEDULE.

You may have additional consumer rights under your local laws that this Agreement Schedule cannot change.

16. The Registry reserves the right to modify, change, or discontinue any aspect of its services, agreements, this Agreement Schedule, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers, and/or IFFOR may provide any and all required notices, agreements, modifications and changes to this Agreement Schedule, and other information concerning the .XXX TLD electronically, by posting such items on the Registry Website. Your continued use of the Registry Website or the registration of the .XXX TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to this Agreement Schedule. In the event of any conflict between this Agreement Schedule and the notices, agreements, modifications and changes to this Agreement Schedule as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail.

17. You represent and warrant that your use of the Registry and/or the .XXX TLDs will not be for any illegal purposes, including without limitation:

  1. any purposes that promote or encourage the promotion of child pornography or the exploitation of minors in any way;

  2. the infringement of the intellectual property rights of any other person or entity;

  3. the impersonation of any person or entity, or the submission of information on behalf of any other person or entity, without their express prior written consent;

  4. the violation of privacy or publicity rights of any other person or entity;

  5. the promotion or engagement in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

  6. the interference with the operation of the Registry Website or services offered by the Registry and/or IFFOR.

18. The .XXX TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving .XXX TLDs, you represent and warrant that you are at least eighteen (18) years of age.

II. ADDITIONAL TERMS FOR ALL SUNRISE APPLICANTS

1. At the close of the Sunrise period, if more than one Sunrise application of any kind (AT, AD, or B) is made for a domain name, all Sunrise applicants for that name will be notified of the claims made by the other Sunrise applicants for that name. In furtherance of this provision, by submitting a Sunrise application you agree that the Registry and/or its Validation Agent is authorized to share information relating to your Sunrise application with other Sunrise applicants. In the event any Sunrise applicant proceeds with a registration, such applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise applicant(s) and may not claim lack of notice with regard to such applicant(s) in any subsequent dispute proceeding.

2. You acknowledge and agree that you may not use Proxy Services during the Sunrise period.

III. ADDITIONAL TERMS FOR SUNRISE B (NON-COMMUNITY TRADEMARK) APPLICANTS

1. If you have submitted a Reservation Request under the Registry's Sunrise B procedure, you acknowledge and agree that if your application is successful, your reservation will not result in a registration, does not convey any additional rights, including without limitation any additional intellectual property rights, and queries will resolve to a standard page that indicates that the name is reserved. You further acknowledge and agree that you may not in the future elect to convert this reservation to a resolving registration.

2. You acknowledge and agree that the Registry, its affiliates and service providers, and IFFOR shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise processes, including, without limitation: (a) your ability or inability of a reserve a name in the .XXX TLD through this process, and (b) any dispute arising in connection with the process.

IV. ADDITIONAL TERMS FOR REGISTRANTS OF NON-RESOLVING NAMES

By applying to register a non-resolving name in .XXX TLD you acknowledge and agree that if your application is successful, your registration will not resolve in the DNS. You further acknowledge andagree that you may not in the future elect to convert this registration to a resolving registration unless you subsequently qualify for membership in the Sponsored Community, complete the Membership Application Process on the Registry Website, receive membership credentials.

V. ADDITIONAL TERMS FOR MEMBERS OF THE SPONSORED COMMUNITY AND PROXY SERVICES

The Sponsored Community consist of individuals, business, entities, and organizations that: (i) have voluntarily determined that a system of self-identification would be beneficial, (ii) have voluntarily agreed to comply with all IFFOR Policies and Best Practices Guidelines, as published from time to time on the IFFOR web site; and (iii) either: a. provide Online Adult Entertainment intended for consenting adults ("Providers"); b. represent Providers ("Representatives"); or c. provide products or services to Providers and Representatives ("Service Providers").

1. By applying to register a resolving name in the .XXX TLD, you represent and warrant that you are a member of the Registry's .XXX TLD Sponsored Community or an ICM-approved proxy service acting on behalf of a member of the Sponsored Community.

2. In order to participate in the Registry's Sunrise A or Landrush procedures, you acknowledge and agree that you must complete the Membership Application Process on the Registry Website within forty eight (48) hours after the close of either Sunrise A or Landrush, as applicable to you. You further acknowledge and agree that if you do not complete the Membership Application Process within the above-referenced time frame, your request for a .XXX TLD during the Sunrise A or Landrush procedures shall be deemed invalid.

3. If you are a member of the Sponsored Community, you represent and warrant that you have provided or will provide current, accurate and complete information in connection with the Membership Application Process, and will keep that information current. You understand that your registration will not resolve unless and until you supply to your Registrar the membership credentials you received by completing the Membership Application Process on the Registry Website.

4. If you are an authorized proxy service, you represent and warrant that (i) you have authenticated the member of the Sponsored Community that has provided or will provide the membership credentials in connection with the registration, and (ii) you will comply with the most current version of the Proxy Service Standards posted on the Registry Website.

5. You acknowledge and agree that Registry, its affiliates and service providers, and IFFOR shall have no liability of any kind for any direct or indirect loss or liability resulting from the proceedings and processes relating to the Sunrise Process, the Landrush process, General Availability period, or any process the Registry uses for allocating premium names or other .XXX TLD domain names, including without limitation: (a) the ability or inability of a registrant to obtain a name in the .XXX TLD during these periods, and (b) any dispute, amongst any parties, arising in connection with any of those processes.

6. You acknowledge and agree that the content of websites in the .XXX TLD may not be appropriate, legal, and or available for use in all locations, and hosting the name in territories where such content is illegal is prohibited. If you choose to register and/or operate the name from a location outside the U.S., you do so on your own initiative. In all cases, you are responsible for compliance with local laws.

VI. ADDITIONAL TERMS APPLICABLE TO FOUNDERS PROGRAM AND PREMIUM NAME HOLDERS

You acknowledge and agree that if the name you are seeking to register is a premium name, as determined by the Registry in its sole discretion, then use of the name is also subject to the terms and conditions of a separate agreement between you and the Registry, and that your rights in any such names are governed by the terms of that separate agreement.

VI. DEFINITIONS

Any capitalized terms not otherwise defined in this Agreement Schedule have the meanings set forth on the Registry Website.

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