This document establishes the rules under which you, as a rights holder or your authorized agent, (hereinafter “You” or “Your”) may use the AdultBlock Service and/or the AdultBlock+ Service (collectively the “Service”) provided by ICM Registry, LLC and/or its affiliated entities, subsidiaries and/or sub-contractors or agents (“Registry” or “We”).
1. The Service
Registry operates various Top Level Domains (hereinafter “TLDs” or “Extensions”) for Internet domain names (the “Domain Name(s)”). Domain Names can be registered by anyone and, from time to time, are regrettably abused, for squatting, fraud, phishing or other similar purposes. The Registry has developed a Service that allows You to block a trademark (referred to as “TM” or “Label(s)” interchangeably) to which You have a right, as evidenced by any of the following: (i) a Signed Mark Data file, pursuant to ICANN established policies and procedures (“SMD”) that is generated through the Trademark Clearinghouse (http://www.trademark-clearinghouse.com (“TMCH”), (ii) Your, or Your authorized agent’s, participation in the 2011 .XXX Sunrise B program, or (iii) Your, or Your authorized agent’s, provision of required verification data regarding either a registered or unregistered trademark that did not participate in the 2011 .XXX Sunrise B Program and/or does not have an SMD file (“New Trademark”). This ensures that Domain Name(s) formed by Your trademark (the “Trademark”) in the Extensions cannot be registered by an unauthorized third party (“Block”).
• If Your Trademark has an SMD file:
• The record of Your Trademark in the SMD file contains Label(s), which may be different representations of Your Trademark (i.e. ‘Example-Trademark’ and ‘Example & Trademark’). • The AdultBlock Service blocks the available exact string of one (1) Label of your choice in the Extensions (e.g. ‘Example-Trademark’ OR ‘Example & Trademark’). • The AdultBlock+ Service blocks ALL available Labels for Your Trademark, (e.g. ‘Example-Trademark’ AND ‘Example & Trademark’) as well as available Automatic Variations of the Trademark’s string in various languages and scripts implemented in the Extensions based on confusable characters published by the Unicode Consortium (http://www.unicode.org/Public/security/latest/confusables.txt) and other systems (collectively “Automatic Variations”)
• If Your Trademark was part of the 2011 .XXX Sunrise B program:
• The AdultBlock Service blocks the available Label selected by your registrar, based on the Domain Name or string blocked as part of the .XXX Sunrise B program. • The AdultBlock+ Service blocks ALL available Labels derived from the Domain Name or string blocked by Your Trademark used in the .XXX Sunrise B program by using SMD rules, as well as Automatic Variations of those Labels.
• If Your Trademark is a New Trademark:
• The AdultBlock Service blocks available Labels selected by your registrar, based on the string or Trademark submitted. • The AdultBlock+ Service blocks ALL available Labels derived from the Domain Name blocked by Your Trademark verified as a New Trademark by using SMD rules, as well as Automatic Variations of those Labels.
2. The Trademark
To be valid under the Service, the Trademark can be based upon any of the following: an original .XXX Sunrise B application, a Trademark with an SMD file that participated in the TMCH, or a registered and/or unregistered Trademark without an SMD that has been verified. For Trademarks with an SMD file, the SMD will contain all the labels of the Trademark and identify You as the holder of the corresponding rights. If you have an SMD file, Your Registrar will submit the SMD to Registry. For trademarks registered with an SMD, the TMCH is responsible for validating and authenticating marks (as applicable), and hearing challenges regarding the validity of a Trademark or SMD file. As part of the Service, we rely on the validity of the trademark holder information contained in SMD files provided by the TMCH. For trademarks using the Service based upon participation in the 2011 .XXX Sunrise B Service, at launch of this Service, we rely on the validity of the trademark as verified in 2011; the Registry reserves the right to re-verify the trademark at its sole discretion at any time during Your participation in the Service. Re-verification may result in an additional fee for continued use of the Service and in the event an additional fee is required for re-verification, you will be notified of such fee in advance by Your Registrar or Registry. For New Trademarks, the Trademark will be verified (Registry may, at its sole discretion, use a third party agent for that verification) and Registry reserves the right to re-verify the Trademark at its sole discretion at any time during Your participation in the Service. Re-verification may result in an additional fee for continued use of the Service and in the event an additional fee is required for re-verification, you will be notified of such fee in advance by Your Registrar or Registry. In order to be considered a valid Label for the Service, the Trademark must meet the following requirements:
• The Label must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens; • The Label may not begin or end with a hyphen; • For AdultBlock+ blocks in Internationalized Domain Names (“IDN”), the label must be in the character scripts/languages Registry currently offers and supports; • The Label may only have two consecutive hyphens (–) in the third and fourth positions, if any, when preceded by “xn” and followed by a label that corresponds with an IDN containing characters referred to in above; • The Label does not exceed 63 characters; and • Comply with RFC 1035, RFC 1123, and RFC 2181.
If the underlying trademark, name or Label blocked in the 2011 .XXX Sunrise B Service does not satisfy the requirements above, or if the New Trademark does not satisfy the requirements above, You hereby authorize Your Registrar to update the information or characters to derive the Label for use in the Service and authorize Registry to rely upon Your Registrar’s update.
3. Variations
As part of AdultBlock+, You can block names that are not only identical but confusingly similar to the Trademark and its Label(s). To that end, Registry will compute a list of such names based on the confusable characters list published by the Unicode Consortium (http://www.unicode.org/Public/security/latest/confusables.txt). Every character of each Label and/or Trademark submitted will be checked against the list of confusable characters and the system will generate all the possible similar variants that can be created using the characters supported by Registry IDN tables. Registry will create Blocks for each of these variants. The price for the AdultBlock+ service remains a flat fee irrespective of the number of variants or Labels blocked.
4. Duration
You may elect to perform a Block for any annual increment of 1, 3, 5 or 10 years. At the expiration of your period of choice, you may also renew a Block for any annual increment of 1, 3, 5, or 10 years. The total balance of Your Block term cannot exceed 10 years but You can renew Your term to ensure the maximum of 10 years. The time starts when your Registrar has requested a valid Block to Registry on your behalf. Unless You are otherwise expressly notified by Registry or the Registrar in writing, the Block will remain valid for Your selected duration (eventually compounded by a chosen renewal time) irrespective of the validity of the Trademark You have used to apply for the Block.
5. Pricing
Pricing for AdultBlock and AdultBlock+ is determined by Your Registrar, according to the following principles:
• For both services, the applicable fee is the same irrespective of the number of TLDs; • For AdultBlock, the price is a flat fee for one Label; • For AdultBlock+ the price is a flat fee for all Labels contained in the SMD file and/or Labels derived using SMD rules (as applicable) and Automatic Variations, irrespective of the number of variations created.
6. General Terms
6.1. Authorization. You represent and warrant that You, and/or Your authorized agent, have the right, power and authority to enter into this Agreement and to fully perform Your obligations under this Agreement. By You entering into this Agreement, You are not violating any agreement existing between You and any other person or entity. 6.2. Registry / Registrar / Authorized Agent Error or Delay. In the event Registry, Your Registrar or the third party verification agent has committed an error in providing this Service, the only remedy available is Registry’s right, in its sole election, to suspend, delete or revoke a Block, or apply a Block that was not previously applied. You recognize Registry may not apply a Block in real-time and there may be reasonable delays in the provision of the Service. 6.3. Limitations of Liability. NEITHER REGISTRY, REGISTRAR AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE REGISTRY OR REGISTRAR (INCLUDING WIHTOUT LIMITATION REGISTRY’S VERIFICATION AGENT(S)) SHALL BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OR FOR DIRECT DAMAGES GREATER THAN THE LIMITATIONS ESTABLISHED HEREIN EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY, IF ANY, OF REGISTRY, REGISTRAR AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE REGISTRY OR REGISTRAR (INCLUDING WIHTOUT LIMITATION REGISTRY’S VERIFICATION AGENT(S)), INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, OR BREACH OF WARRANTY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. REGISTRY, REGISTRAR AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE REGISTRY OR REGISTRAR (INCLUDING WIHTOUT LIMITATION REGISTRY’S VERIFICATION AGENT(S)) PROVIDE ALL SERVICES PERFORMED HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. NEITHER THE REGISTRY, REGISTRAR, AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE REGISTRY OR REGISTRAR (INCLUDING WIHTOUT LIMITATION REGISTRY’S VERIFICATION AGENT(S)), MAKE ANY REPRESENTATION THAT ITS WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND NEITHER THE REGISTRY NOR THE REGISRAR, AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE REGISTRY OR REGISTRAR (INCLUDING WIHTOUT LIMITATION REGISTRY’S VERIFICATION AGENT(S)), WILL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN CONNECTION WITH THE SERVICE.