Addendum Agreement for .XXX
The following terms and conditions in conjunction with our Policy and Disclaimer located at /terms/doc/privacy.policy, governs your ("Registrant") use of the following .XXX domain registration service provided to you by Fabulous.com ("Fabulous"). As used throughout this agreement, the term "we," "our" and "us" shall refer to Fabulous where applicable.
1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .XXX sponsored top-level domain ("sTLD") satisfies either the Non-Member Eligibility Requirements or Membership Requirements established by the ICM Registry, each of which is more fully described on the ICM Registry website located at the following URL:www.icmregistry.com. You acknowledge and agree that it is your responsibility, through the registration process for a .XXX domain name (and, if applicable, as required subsequent to your application), to provide the information necessary to satisfy ICM's Membership Requirements for members in the Adult Entertainment Sponsored Community or Non-Member Eligibility Requirements for being a legitimate trademark holder, and that a failure by you to satisfy these requirements (whichever is applicable) may result in, among other things, (i) the domain name registration or pre-registration application(s) being rejected by Fabulous, Ltd. and/or the ICM Registry, (ii) the domain name(s) being placed on "hold" by Fabulous, Ltd. and/or the ICM Registry, and/or (iii) the domain name(s) being deleted by Fabulous, Ltd. and/or the ICM Registry. Neither Fabulous, Ltd. nor the ICM Registry shall be liable to you for any actions or inactions or any of them resulting from your failure to provide all required information to satisfy the Non-Member Eligibility Requirements or Membership Requirements at the time of registration or pre-registration (or, where applicable, subsequent to registration), and neither shall have any obligation to request or attempt to obtain from you additional information to establish your compliance with the ICM Non-Member Eligibility Requirements or Membership Requirements, even if the need for such information is known by them.
2. Pre-Registration. When you submit a .XXX pre-registration request, you are authorizing Fabulous, Ltd. to attempt to obtain a domain name in the .XXX sTLD (as described on our Website) for you if and when ICM Registry launches its Sunrise, Landrush and General Availability period. When each phase opens, Fabulous, Ltd. will submit all pre-registration requests during the Sunrise, Landrush and General Availability periods and the ICM Registry will review all proposed registration requests. Please note that .XXX domain names will not be allocated on a first come, first serve basis during the Sunrise "AT" and "AD" periods further described in Paragraph 3 below. In addition, you agree to be bound by all policies, terms, and conditions of the initial launch of the .XXX sTLD found at http://www.icmregistry.com/icm-policies.php, and further to acknowledge that ICM has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise period or the Land rush period, including, without limitation: (a) the ability or inability of a registrant to register a .XXX domain name during these periods, and (b) the results of any dispute over a Sunrise registration.
3. Sunrise and Landrush Applications. Sunrise is created to protect trademark holders, pre-existing exact match domain holders, and to avoid abusive registrations. During the Sunrise period, the registry system will accept three different types of Sunrise applications. Sunrise AT and Sunrise AD are reserved for members of the sponsored TLD community, including providers of online adult entertainment, their service providers, and organizations that represent them, who, in each case, agree to comply with policies and practices developed for the .XXX sTLD (the "Adult Entertainment Sponsored Community"). Please see www.icmregistry.com for the full Sunrise rules, Membership criteria, and the contact validation process. You acknowledge that ICM Registry, or its designee, shall decide at its own discretion whether any documentation or information you submit verifies your right to register a domain name(s) either as Member or Non-Member of the Adult Entertainment Sponsored Community. Sunrise AT: Sunrise AT stands for "Adult Trademark". Sunrise AT applications must possess a registered trademark that meets certain criteria, and must attest to their membership in the Adult Entertainment Sponsored Community. Sunrise AT registrations will not be awarded until the prospective registrant has completed a membership application on the ICM website (within 48 hours after the close of the Sunrise period) and his or her contact information has been confirmed. Domain names awarded during Sunrise AT will not be operable (resolve in the DNS) and available for your use until on or about December 6, 2011, the "create-date" chosen by ICM Registry.
Sunrise AD: Sunrise AD stands for "Adult Domain." Sunrise AD applications must correspond to an existing domain name that the registrant has in another TLD, and must attest to their membership in the Adult Entertainment Sponsored Community. Sunrise AD registrations will not be awarded until the prospective registrant has completed a membership application on the ICM website (within 48 hours after the close of the Sunrise period) and his or her contact information has been confirmed. Domain names awarded during Sunrise AD will not be operable (resolve in the DNS) and available for your use until on or about December 6, 2011, the "create-date" chosen by ICM Registry.
Sunrise B: Informally, Sunrise B> stands for "blocked." Sunrise B is for qualified trademark owners from outside the Adult Entertainment Sponsored Community. Sunrise B gives these rights owners the opportunity to add a .XXX domain name to the reserve names list and ensure that they are not registered by others.
Landrush: The registration period for members of the Adult Entertainment Sponsored Community. Unlike Sunrise AD, AT, and Sunrise B, there are no qualification requirements needed for Landrush. Applications for competing names will go to auction at the end of the Landrush period. Landrush registrations will not be awarded unless, and until, the prospective registrant has completed a Membership application on the ICM website (within 48 hours after the close of the Landrush phase) and his or her contact information has been confirmed. Domain names awarded during Landrush will not be operable (resolve in the DNS) and available for your use until on or about December 6, 2011, the "create-date" chosen by ICM Registry.
During Sunrise, the registry system will accept an unlimited number of applications for a string, and an unlimited number of applications for a string of a given application type. In the event ICM receives more than one qualified Sunrise AT and/or Sunrise AD application for the same names, the names will be awarded via auction. Details on how auctions will be conducted for Sunrise AT and Sunrise AD can be found at www.icmregistry.com. Please note that, pursuant to ICM Registry rules, domain names will not be awarded on a first-come first-served basis during the Sunrise period though such an award may be possible under certain auction rules. After Sunrise and before Landrush, there will be a Quiet Period during which ICM Registry will review Sunrise applications. Following award of a Sunrise AT, Sunrise AD, Landrush, or General availability domain name, the name will be on transfer locked for 60 days. Successful Sunrise B applications will not receive a traditional registration under the control of the registrar that submitted the application. Rather, successful Sunrise B applications will result in the domain being blocked from future registration and transferred to an ICM Registry controlled, informational landing webpage.
4. Validation Process. You agree that we shall have no liability to you or other third parties for anything related to the ICM Registry's validation process for a proposed registration request that we have submitted and is pending final ICM Registry approval. You acknowledge and agree that it is your responsibility to ensure that you meet all of the requirements that are involved in ICM Registry's validation process for your proposed registration request for a domain name(s). You agree that we are not responsible or liable in any way if your proposed registration request is rejected for any reason, including but not limited to the ICM Registry's failure or inability to contact you or your failure to respond to ICM Registry's request for supporting documentation, during the validation process.
5. Charges. During pre-registration, by submitting your ICM pre-registration request, you authorize us to charge you for any proposed application and registration fees we undertake on your behalf that are submitted to ICM Registry. During registration during the Sunrise and Landrush periods, you will be charged the appropriate nonrefundable portion of the registration at the time of requesting the domain at Fabulous, Ltd.. You will be charged the remaining portion of the registration fee at the time of registration when ICM Registry is reviewing your proposed registration and their final approval. Proposed Sunrise and Landrush registration requests that are rejected by ICM Registry will be charged an administrative application fee that will not be refunded to you. We will, however, refund to you the registration fee charged during pre-registration for Sunrise and Landrush if you are not awarded a .XXX domain name and the registration fee charged during the pre-registration for General Availability if you are not successful with securing the domain name. Sunrise and Landrush application fees, registration fees and other applicable fees may also apply and be charged to your credit card after the Sunrise period begins if your proposed registration is accepted and processed by ICM Registry. Successful ICM registration requests are subject to the terms of the Agreement, including this Schedule.
6. Ban on and Revocation of Certain Domain Names. You agree that ICM Registry has identified certain domain names that cannot be registered during the Sunrise, Landrush, and General Availability process. You further accept that ICM Registry and Fabulous, Ltd. reserves the right to deny pre-registration requests that ICM Registry considers to be defamatory, racist, or contrary to public policy. You understand that ICM Registry may also revoke a domain name at its own initiative for a variety of reasons including but not limited to nonpayment of fees or failure to meet ICM Membership or Non-Member Eligibility Requirements. All Sunrise and Land rush application submissions to the ICM Registry are considered final and we will not refund any fees paid by you.
7. Registrant Information and Use of Personal Data. You agree to keep all registration and contact information related to your registration or pre-registration requests for a domain name(s) ("Personal Data") current so that we can contact you for any reason or so the ICM Registry can contact you for any reason, including, but not limited to, any participation in a validation process for a domain name(s) during the Sunrise, Landrush, or General Availability period. We take no responsibility in providing the ICM Registry with any Personal Data other than what you provide in your pre-registration or registration request. The Personal Data you provide will be submitted to the ICM Registry and used in accordance with the published ICM Privacy Policy.
8. No Guarantees. Fabulous, Ltd. makes no guarantees, representations or warranties that your proposed registration request for a .XXX domain name will be accepted by ICM Registry. You acknowledge and agree that the proposed registration request for a domain name(s) submitted by Fabulous, Ltd..to ICM Registry domain name may fail or be rejected by ICM Registry for any number of reasons. You acknowledge and agree that the successful registration will depend upon a number of different factors that Fabulous, Ltd. cannot predict or control. You acknowledge and agree that submission of a proposed registration request for a domain name(s) or any other services (regardless of when submitted) does not guarantee that you will ultimately be the registrant for any particular domain name. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the ICM Registry (for example, the ICM Registry reserves the right to suspend, reject, deny or revoke any domain name registration for a variety of reasons, none of which Fabulous, Ltd.can control).
9. Acknowledgment and Agreement of ICM Registry Policies, Terms, Rules. You acknowledge having read and understood and agree to be bound by the terms and conditions of all of the policies, terms or rules (collectively the "ICM Policies") that are posted or referred to on the ICM Registry website, including the agreement to all terms in the Registry-Registrant Agreement. You also agree to comply with any and all current ICM Polices posted at the time of pre-registration and registration, but also future ICM Policies, such as the Charter Eligibility Dispute Resolutions Policy ("CEDRP") and the Rapid Evaluation Service Policy ("RES") which shall be posted by the ICM Registry at a later date, and any other policies, at any and all times. You agree that, by maintaining any service related to your pre-registration request (which may include the ultimate registration of a domain name) after such posting of any new or amended ICM Policies, you have agreed to the terms and conditions of the same and will be bound by such terms and conditions. You acknowledge that if you do not agree to the amended or new ICM Policies, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
10. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that Fabulous, Ltd. shall have no liability of any kind for any loss or liability resulting from the processing of pre-registration requests prior to the live .XXX launch or the submission of proposed registration requests to the ICM Registry including, without limitation, your ability or inability to obtain a particular domain name including any dispute resolution proceeding related to any of the foregoing. Fabulous, Ltd. assumes no liability for any pre-registration request or a domain name's rejection, suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by ICM Registry or auction provider or due to practices, customs or prejudices of courts of law or dispute resolving arbitrators. We are not liable for any claims, damages or injuries arising out of the termination of services that are provided by ICM Registry for any reason, including but not limited to the termination of ICM Registry's registration authority, or its bankruptcy.
11. Indemnification. In addition to Section 9 of the General Conditions of this Agreement on Indemnity, you also agree to indemnify, release, defend and hold us harmless for all liabilities, claims, damages, costs and expenses arising out of: (a) your breach of any terms of this Schedule; (b) any violation of a third party's right related to your pre-registration request; (c) any dispute with the ICM Registry or a third party arising out of your pre-registration request; (d) any dispute related to the validation process for your pre-registration request; or (e) any dispute related to the auction process for your pre-registration request.
12. Notification Requirement. You agree to immediately notify Fabulous, Ltd. and ICM Registry of any registered .XXX domain name owned or controlled by you where the website content in connection with such domain name is the subject of any legal "take-down" notice issued by law enforcement or government agency because of alleged illegal or illicit activity on such website.
13. Survival of Terms. You agree that the Limitation of Liability and Indemnity provisions set forth in the General Provisions and in this Schedule shall survive any termination of the Agreement.
14. Governing Law. You agree that any disputes between you and the ICM Registry shall be governed in all respects by and in accordance with the laws of the State of Florida. All disputes between you and the ICM Registry are to be brought before the tribunal of ICM Registry's choice. All disputes between you and Fabulous, Ltd. are subject to Section 15 (Governing Law) of this Agreement.
15. Supplemental Terms and Conditions. The terms and conditions of this Addendum are in addition to the terms and conditions of the Terms of Service, and other schedules to this Service Agreement related to domain name registration services.