.xxx Terms & Conditions

Domain Name Registration Agreement

Date: May 2018

1. Introduction

This agreement (including all schedules attached to it) (“Registration Agreement“) is submitted by you (“You” and “Your“) to Arq Group Limited trading as Melbourne IT ACN 073 716 793 (“Melbourne IT“) for the purposes of (i) reserving a name which corresponds to Your registered trademark with the ICM Registry, LLC (“Registry“) to prevent the registration of that name as a .XXX domain name, or (ii) registering a .XXX domain name on the Internet.

2. Terminology

Melbourne IT is an accredited Registrar of Internet Corporation for Assigned Names and Numbers (“ICANN“) and an accredited Registrar of the .XXX TLD by the Registry, who is responsible for administering the .XXX TLD registry.

3. Reserved Name

If You have submitted this Registration Agreement for the purposes of reserving a name which corresponds to Your registered trademark with the Registry to prevent the registration of that name as a .XXX TLD, You will remain the responsible contracting party under this Registration Agreement, even if You licence, assign or sell the trademark which You have relied upon for the reserved name or allow that trademark to lapse or become unregistered. Any such ‘reserved name’ will resolve to a standard informational page indicating the status of the reserved name as reserved, and will not result in a typical registration in the .XXX domain name, and does not convey any other rights to You.

4. Licensing of Domain Name

If You have submitted this Registration Agreement for the purposes of registering a .XXX domain name on the Internet, You will remain the responsible contracting party under this Registration Agreement, even if You license use of the domain name to a third party. YOU AGREE THAT, UNLESS OTHERWISE EXPRESSLY AGREED TO BY MELBOURNE IT IN WRITING, ANY .XXX DOMAIN NAME REGISTRATION WILL BE AND WILL REMAIN FOR THE DURATION OF THE REGISTRATION IN A “HOLD” OR “INACTIVE” STATUS AND THAT YOU WILL ENSURE THAT THE DOMAIN NAME WILL NOT RESOLVE TO ANY WEB PAGE. IN THE EVENT MELBOURNE IT EXPRESSLY AGREES TO YOUR .XXX DOMAIN NAME REGISTRATION RESOLVING, YOU AGREE AND ACKNOWLEDGE THAT DESPITE THE WORDING OF ANY CONSENT PROVIDED WHICH MAY BE IN CONFLICT, SUCH CONSENT IS LIMITED AND SUBJECT ALWAYS TO THE LIMITATION THAT ANY SUCH DOMAIN NAME WILL NOT RESOLVE TO ANY SEXUALLY EXPLICIT CONTENT.

5. Non Payment

You agree that failure to pay any fee for a reserved name or domain name (as applicable) when due (as evidenced for example by, without limitation, Your credit card company notifying Melbourne IT of You disputing the payment of, or refusing to pay such fee, or where Your credit card payment has been declined or reversed) will entitle Melbourne IT to immediately cease registration or renewal of the reserved name or the domain name (as applicable).

6. Agents

You agree that if this Registration Agreement is completed by an agent for You, such as an Administrative Contact/Agent, You are nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute resolution rules.

7. Registry Terms

You Agree You have read, will comply with, and are bound by:

  1. all terms and conditions contained in this Registration Agreement, including the attached Registry terms and conditions (“Agreement Schedule”); and
  2. all applicable standards, procedures, practices, laws, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the Registry as updated from time to time on the Registry’s website located at http://www.icmregistry.com in respect of .XXX domain names.

8. Initial Launch and Validation Process

8.1 You agree You will be bound by the terms and conditions of the initial launch and general operation of the .XXX TLD, including without limitation the Sunrise, Landrush and General Availability periods (as may be applicable to You). For the purposes of this Registration Agreement, (i) “Sunrise” is the collective term for the periods of time at the launch of the .XXX TLD referred to as ‘Sunrise AT’, ‘Sunrise AD’ and ‘Sunrise B’ by the Registry, (ii) “Landrush” means the period of time following Sunrise in which members of the adult entertainment industry may submit applications for available .XXX domain names, and (iii) “General Availability” means the period of time following Landrush when domain names within the .XXX TLD will be available for registration by the general public on a first come, first served basis.

8.2 You warrant that You have read, understand and agree to all auction processes, Auction Rules and requirements in respect of any .XXX domain application.

8.3 You will be solely responsible for all matters relating to any auction process You are invited to or participate in, and that Melbourne IT will not be liable and will not take part in any way (other than as required by its role as Registrar) in any such auction process, unless Melbourne IT (or one of its related entities) and You have specifically agreed in writing that Melbourne IT (or one of its related entities) will provide .XXX auction services to You as part of broader domain management services provided to You.

8.4 You agree and acknowledge that:

  1. You authorise Melbourne IT to file documentary evidence in Your name and on Your behalf;
  2. documentary evidence submitted by You is a true and genuine copy of the original documents and is complete, accurate, up to date and not fraudulent, and is drawn up in accordance with the Sunrise or Landrush requirements;
  3. You are solely responsible for complying with the Sunrise or Landrush requirements and validation processes, including the sufficiency and format of any documentary evidence submitted and all relevant timeframes for such submission and You do not rely on any advice given by Melbourne IT, its officers, employee, agents or subcontractors.

9. Revocation

You agree that Melbourne IT may delete Your domain name registration or reservation if any information required to be supplied by You under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Melbourne IT would likely consider material to its decision to approve this Registration Agreement. You further agree that Melbourne IT may cancel, suspend or revoke Your domain name registration or reservation, or, suspend the delegation of Your Domain Name, if as reasonably determined by Melbourne IT in its sole discretion, You or any other person uses the domain name in connection with:

  1. any activity that infringes the intellectual property rights or other rights of third parties;
  2. any activity that defames or disparages any person;
  3. any otherwise illegal or fraudulent activity, or otherwise in accordance with Melbourne IT’s Acceptable Use Policy (located at https://melbourneit.au/legals/); or
  4. any activity which breaches this Registration Agreement.

10. General Availability Premium

Melbourne IT does not warrant or represent that any Premium .XXX domain name application with Melbourne IT in the General Availability phase will be submitted prior to other applications for the same domain name, or that any application submitted will be successful, accepted or approved by the registry.

11. Right of Refusal

You acknowledge that Registry policy may provide that registration or reservation of certain domain names is prohibited. You agree that the submission of an application for a domain name registration or reservation does not obligate Melbourne IT to accept this Registration Agreement, and that neither Melbourne IT’s acceptance of this Registration Agreement nor the actual registration or reservation of any .XXX TLD domain name shall be deemed an indication that the Registry or Melbourne IT has made any determination regarding the legality or acceptability of the registration or reservation, the extent to which Your registration and exclusive and perpetual right of use and enjoyment of the domain name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Registry or Melbourne IT shall have any liability or responsibility arising therefrom. You agree that Melbourne IT is not liable for loss or damage that may result from Melbourne IT’s refusal to accept this Registration Agreement or your domain name registration or reservation application.

12. Limitation of Liability

To the maximum extent permitted by law, Melbourne IT and its directors, officers, employees and agents will be not liable in any way for any direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by You as a result of any act or omission of Melbourne IT or its directors, officers, employees, agents or sub-contractors. If any legislation implies in this Registration Agreement a term or warranty, You agree that Melbourne IT’s liability under this Registration Agreement for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT, the re-supply of the goods or services again, or the payment of the costs of having the goods repaired or replaced, or the services supplied again. This clause survives the expiry or termination of this Registration Agreement.

13. Indemnity

You agree to indemnify, keep indemnified and hold Melbourne IT and its directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Your domain name registration or reservation, or any renewal, or to Your use of the domain name. You are required to provide further indemnities in the Agreement Schedule. This clause survives the expiry or termination of this Registration Agreement.

14. Breach

You agree that failure to abide by any provision of this Registration Agreement may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice, describing the breach, to You. If, within thirty (30) days of the date of such notice, You fail to provide evidence, which is reasonably satisfactory to Melbourne IT, that You have not breached its obligations, then Melbourne IT may delete Your registration or reservation of the domain name. For the avoidance of doubt, this clause will not limit or restrict Melbourne IT’s rights under clause 9.

15. No Warranty by Melbourne IT

You agree that a registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the, registration or use of the domain name.

16. Acknowledgements, Agreements and Warranty

16.1 You acknowledge that it is Your responsibility to ensure that your domain name registration or reservation is renewed. You agree, in addition to the indemnity above, to keep indemnified, release and hold harmless Melbourne IT and the Registry, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Your domain name to be renewed by You.

16.2 You agree that Melbourne IT does not guarantee that any domain name registration or reservation applied for by Melbourne IT on behalf of You will be successfully registered or reserved by the Registry. You acknowledge that You will not take any action in respect of any domain name registration or reservation until the successful registration or reservation of that domain name is confirmed in writing to You.

17. Amendment

Melbourne IT may change the terms and conditions of this Registration Agreement either by obtaining Your consent or giving You notice. The period of notice given by Melbourne IT depends on the nature of the change. If:

  1. the change will benefit You, we may make the change immediately and are not required to notify You prior to the change;
  2. the change is required by law, the Registry, any applicable regulatory body or for a technical reason (including for security), we will give You a reasonable period of notice not exceeding 3 days;
  3. we consider that the change has a significant and detrimental impact on our customers generally, we will give You at least 30 days notice prior to the change, and
  4. for all other changes, we will also give You at least 30 days notice prior to the change.

Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at https://melbourneit.au/legals/.

18. General

18.1 If any clause of this Registration Agreement is held to be invalid or unenforceable in whole or part, the invalid or unenforceable wording shall be deemed to be omitted.

18.2 Any notice to be given under this Registration Agreement is deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.

18.3 Other than between You and the Registry, this Registration Agreement is governed by the laws of Victoria, Australia, and You and Melbourne IT submit to the non-exclusive jurisdiction of those Victorian courts.

18.4 The parties agree that Melbourne IT may assign this Registration Agreement to a third party on prior written notice to You.

18.5 The failure of a party at any time to insist on strict performance of any provision of this Registration Agreement is not a waiver of its right at any later time to insist on strict performance of that or any other provision of this Registration Agreement.

Attachment To Registration Agreement

.xxx Registry Terms & Conditions

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 http://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 of 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 or 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’), Registry’s Charter Eligibility Dispute Resolution Policy (‘CEDRP’), and Registry’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 appear rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers and/or the International Foundation for Online Responsibility (‘IFFOR’) from any and all direct 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 registration, 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 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 survive termination of this 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 or law provision or rule (whether of the State of 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 EXCLUSIVE JURISDICTION OR, 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 APARTICULAR 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 THIS 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; or
    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 and agree 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 Melbourne IT 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 allocations, 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.

VII. Definitions

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