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GENERIC TOP LEVEL DOMAIN NAMES AND SPONSORED TOP LEVEL DOMAIN NAMES
ADDITIONAL TERMS AND CONDITIONS

Updated as of 06/12/2014

By registering or otherwise submitting an application to register a new gTLD or sTLD domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions below as well as all terms and conditions of the Register.com Services Agreement, which you may review by clicking here, as it may be amended from time to time, which is hereby incorporated in full.

  1. gTLD Domain Name Services (including but not limited to .BIZ, .INFO, and .NAME)

    Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .biz, .info, and .name top level domains. As such, Register.com is, upon accepting your application to register a .biz, .info, or .name domain name, your sponsor for that application. No .biz, .info, or .name domain name application we submit for registration will be deemed registered until (i) we have delivered the application information you provide us to the appropriate registry, and (ii) the appropriate registry has placed into effect a .biz, .info, or .name domain name registration in your name. Register.com cannot guarantee that any .biz, .info, or .name domain name application or multiple .biz, .info, or .name domain name applications will result in a .biz, .info, or .name domain name registration.

  2. Fees.

    As consideration the submission of an application and/or registration for a .biz, .info, or .name gTLD domain name, you agree to pay Register.com the then-current fees. All fees are non-refundable, in whole or in part, even if your domain name application does not result in the registration of a domain name, or if your domain name registration is suspended, cancelled or transferred prior to the end of your then-current registration term. Register.com reserves the right to change fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your domain name application will not be submitted to the appropriate registry unless we receive actual payment of the applicable fees, or reasonable assurance of payment of the applicable fees from some other entity (such reasonable assurance as determined by Register.com in its sole discretion). In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable fees, you acknowledge and agree that, should your application result in the registration of a domain name, that registration shall be transferred to Register.com as the entity that has paid the registration fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Register.com will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable fees, as well as our then-current reinstatement fee, currently set at $25.

  3. No Guarantee of Registration.

    You acknowledge and agree that Register.com cannot guarantee that you will be able to register a desired new gTLD domain name, since Register.com cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration process or related databases. You further acknowledge and agree that Register.com may elect to accept or reject your application for registration for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name. In addition, you acknowledge and agree that Register.com's ability to provide you with services hereunder depends in part on the actions of other parties, including without limitation, the .biz, .info, and .name gTLD registries. Therefore, you also acknowledge and agree that Register.com is not liable or responsible in any way for any errors, omissions or any other actions by any third parties, including without limitation the .biz, .info, and .name gTLD registries arising out of or related to your application for and registration of, or failure to register a particular domain name. You additionally agree to indemnify, defend and hold harmless the .biz, .info, and .name gTLD registries and their directors, officers, employees, and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to your domain name registration.

  4. Domain Name Dispute Resolution for .BIZ, .INFO, and .NAME

    1. .biz. By submitting an application to register a .biz domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:
      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Start-up Dispute Resolution Policy (the "SUDRP") (click here for a copy of the SUDRP; and

      3. The Restrictions Dispute Resolution Criteria and Rules (the "RDRP") (click here for a copy of the RDRP).

    2. .info. By submitting an application to register a .info domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:

      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Sunrise Dispute Resolution Policy (the "SDRP") (click here for a copy of the SDRP).

    3. .name. By submitting an application to register a .name domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:

      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Eligibility Requirements Dispute Resolution Policy (the "ERDRP") (click here for a copy of the ERDRP).

  5. Additional Terms for .INFO

    1. info Sunrise Registration Service. The .info Sunrise Registration Service (the "Sunrise Registration Service") is offered to holders of current (non-expired) trademarks or service marks having national effect (including, for example, European Community Trademarks ("CTMs") but excluding United States state registrations) that issued prior to October 2, 2000 will be eligible to register a domain name that is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and subject to the same character and formatting restrictions as apply to all domain name registrations in the .info gTLD. Where there is a space between the textual elements of a mark, applicants may elect at their discretion to use a hyphen or combine the elements together. For example, the mark "SERVICE MARK" could be registered as <servicemark.info> or <service-mark.info>. Trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Applications for registrations under the Sunrise Registration Service must include (i) the ASCII characters composing the trademark or service mark, (ii) the date the trademark or service mark was issued, (iii) the country in which the trademark or service mark was registered, and (iv) the trademark or service mark number. By applying to use the Sunrise Registration Service, you represent and warrant that you are the holder of a current (non-expired) trademark or service mark having national effect that issued prior to October 2, 2000, and that the .info domain name you have applied for is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and that all information you submit in connection with your application to use the Sunrise Registration Service is complete and accurate. The Sunrise Registration Service will only be offered through August 27, 2001, or such other date as Afilias, Ltd., the .info registry administrator ("Afilias"), may designate, from time to time, as the last day that "Sunrise" registrations well be accepted (the "Sunrise Period"). Registrations made pursuant to the Sunrise Registration Service will only be accepted for terms of at least five years, and will be locked at the registry level for approximately 180 days following the last day of the Sunrise Period, as designated by Afilias. During the Sunrise Period, Afilias will be accepting applications to register .info domain names in five different rounds using a randomized, round-robin processing system.

    2. .info Land Rush Service. The .info Land Rush Service (the ".info Land Rush Service") is offered to the general public. The .info Land Rush Service will be offered during the time period designated by Afilias (the ".info Land Rush Period"). During the .info Land Rush Period, those wishing to register domain names in the .info top level domain will be able to apply to have the names of their choice registered. During the .info Land Rush Period, Afilias will be accepting applications to register .info domain names using a randomized, round-robin processing system.

    3. Denial, Cancellation, or Transfer of Registration. Register.com and Afilias expressly reserve the right to deny, cancel or transfer any registration that either deems necessary, in its sole discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Register.com and/or Afilias as well as their respective affiliates, subsidiaries, officers, directors and employees.

    4. Limitations of Liability. By submitting an application to register a .info domain name registration, you (a) acknowledge that the .info registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the .info "Sunrise Period" or the .info "Land Rush Period", including, without limitation: (i) the ability or inability of a registrant to obtain a .info domain name registration during these periods, and (ii) the results of any dispute over a .info domain name registration registered during the .info "Sunrise Period", (b) acknowledge and agree that Register.com will share with the .info registry information submitted by you in connection with your .info domain name application and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info registry and its designees and agents in connection with the .info registry's obligations to Register.com and third parties or as otherwise required by the .info registry, (c) agree to immediately correct and update the registration information for your .info domain name registration during the registration term for such domain name.

  6. Additional Terms for .BIZ

    By submitting an application to register a .biz domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the .biz Services Agreement, as it may be amended from time to time, which is hereby incorporated in and made an integral part of this Agreement.

  7. Additional Terms for .NAME

    1. .name Land Rush Service. The .name Land Rush Service (the ".name Land Rush Service") is offered to the general public. The .name Land Rush Service will be offered during the time period designated by Global Name (the ".name Land Rush Period"). During the .name Land Rush Period, those wishing to register domain names in the .name top level domain will be able to apply to have the names of their choice registered. During the .name Land Rush Period, Global Name will be accepting applications to register .name domain names using a randomized, round-robin processing system.

    2. Eligibility. .name domain name and electronic mail registrations will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the .name Land Rush Period in connection with the opening of the .name gTLD. The following categories of personal name registrations may be registered:

      1. The personal name of an individual. Any person can register his or her own personal name. A "personal name" is a person's legal name, or a name by which a person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

      2. The personal name of a fictional character. Any person or entity can register the personal name of a fictional character if that person or entity has trademark or service mark rights in that character's Personal Name.

      3. Additional characters. In registering a personal name registration, registrants may add numeric characters to the beginning or the end of their personal name so as to differentiate it from other personal names. For example, in the event that John Doe unsuccessfully attempts to register john.doe.name, he may seek to register an alternative, such as john.doe1955.name or john1955.doe.name.

      4. .name Defensive Registration Services.

        1. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants. The .name Defensive Registration Service (the "Defensive Registration Service") is offered in two phases. The first phase ("Phase I") allows holders of current (non-expired) trademarks or service marks having national effect (including, for example, European Community Trademarks ("CTMs") but excluding United States state registrations) that issued prior to April 16, 2001 to register domain names that are identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and subject to the same character and formatting restrictions as apply to all domain name registrations in the .name gTLD. Neither the .name registry administrator (The Global Name Registry Ltd. ("Global Name")), nor Register.com will review trademark or service mark registration information submitted during Phase I prior to the registry's issuance of a defensive registration. The second phase of the Defensive Registration Service ("Phase II") is offered to any entity for any string or combination of strings.

        2. Applications for registrations under the Defensive Registration Service must include (i) the ASCII characters composing the trademark or service mark, (ii) the date the trademark or service mark was issued, (iii) the country in which the trademark or service mark was registered, and (iv) the trademark or service mark registration number or other comparable identifier used by the registration authority. By applying to use the Defensive Registration Service, you represent and warrant that you are the holder of a current (non-expired) trademark or service mark having national effect that issued prior to April 16, 2001, and that the .name domain name you have applied for is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and that all information you submit in connection with your application to use the Defensive Registration Service is complete and accurate.

        3. A defensive registration will not be granted if it conflicts with a then-existing personal name registration or other reserved word or string (for example, if the domain name john.doe.name has already been registered, then a defensive registration will not be granted for <anystring>.doe.name or john.<anystring>.name).

        4. Defensive registrations will not resolve within the DNS. Multiple persons or entities may obtain identical or overlapping defensive registrations upon payment by each of a separate registration fee. The term of defensive registrations will be ten (10) years. In the event of a transfer of a defensive registration between Register.com and another registrar, the term of the defensive registration will be extended one year, provided that a transfer fee equal to one tenth of the ten-current fee for a ten year defensive registration is paid.

        5. Those seeking to register a personal name registration that is the subject of a defensive registration will receive an electronic notice that the domain name is blocked by a defensive registration. This notice will provide the contact information for the defensive registrant(s). If the person or entity wishes to pursue the personal name registration despite the defensive registration, they can either (i) seek consent directly from the defensive registrant(s), or (ii) challenge the defensive registration pursuant to the ERDRP. Upon receiving a request for consent from a person or entity seeking to register a personal name registration that is the subject of a defensive registration, the defensive registrant must grant or refuse such consent, in writing, within five (5) calendar days. If a defensive registrant fails to either grant or refuse consent within five (5) calendar days of receipt of the request, the defensive registrant shall be deemed to have denied consent to the personal name registration. Consent must be transmitted to both the person or entity seeking the personal name registration and Register.com, as the current registrar. The defensive registrant may not accept any monetary or other remuneration for its consent. If a defensive registrant consents or, in the case of multiple or overlapping defensive registrations, all the defensive registrants consent, to a personal name registration, then (i) the person or entity seeking the personal name registration will receive the requested personal name registration, (ii) such consent shall not constitute a successful challenge; (iii) such defensive registrant(s) shall not receive a "strike" against the defensive registration(s) for the purposes of the ERDRP, and (iv) the defensive registration(s) will continue in full force and effect. In the case of multiple or overlapping defensive registrations where fewer than all of the defensive registrants consent, then all of the defensive registrants (consenting and non-consenting) will be subject to consolidated ERDRP proceeding if a proceeding is initiated and each must pay the full amount of any required challenge fee into escrow.

        6. A defensive registration may be cancelled by the defensive at any time. Registration fees will not be refunded in the event of such a cancellation. In the case of multiple or overlapping defensive registrations, cancellation by one defensive registrant shall not affect the other defensive registrations.

    3. Electronic Mail Forwarding.

      1. The .name service for which you have registered may, at your option, include electronic mail forwarding ("Email Forwarding"). To the extent you opt to use Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

      1. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use Email Forwarding:

        1. To encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

        2. To gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

        3. To gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

        4. For spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

      2. Global Name reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Global Name's Email Forwarding. However, due to the nature of such systems, which actively block messages, Global Name shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or Register.com to give feedback on the decision.

      3. You understand and agree that Global Name may delete material that does not conform to the terms contained herein or that in some other way constitutes a misuse of Email Forwarding. You further understand and agree that Global Name is at liberty to block your access to Email Forwarding if you use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the Email Forwarding unless it would damage the reputation of Global Name or jeopardize the security of Global Name or others to do so. Global Name reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing Email Forwarding, Global Name is not obliged to store any contents or to forward unsent email to you or a third party.

      4. You understand and agree that to the extent Global Name is required by law to disclose certain information or material in connection with your Email Forwarding, Global Name will do so in accordance with such requirement and without notice to you.

    4. Denial and cancellation of registration. Global Name and Register.com reserve the right to transfer or cancel any .name domain name or .name e-mail address (a) for violations of the Registry Agreement (including its appendices) between ICANN and Global Name, (b) to correct mistakes made by Global Name or any ICANN-accredited registrar in connection with a .name domain name or .name e-mail address, or (c) avoid any liability, civil or criminal, on the part of Global Name or Register.com, as well as their affiliates, subsidiaries, officers, directors and employees.

    5. Limitations of Liability. By submitting an application to register a .name domain name registration, you acknowledge that Global Name will have no liability of any kind for any loss or liability to any person or entity other than ICANN in connection with any dispute concerning any .name domain name, .name email address, or .name defensive registration, including the decision of any dispute resolution proceeding relating to any of the foregoing.

    6. Indemnification. You agree to indemnify, defend and hold harmless Global Name and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular .info domain name. This indemnification obligation shall survive the termination or expiration of this New Generic Top Level Domain Name Agreement.

  8. Additional Terms for .XXX

    1. Eligibility Requirements. Registrants must be eighteen (18) years of age or older to participate in any of the pre-registration or registration phases for .XXX domains. 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 Register.com and/or the ICM Registry, (ii) the domain name(s) being placed on "hold" by Register.com and/or the ICM Registry, and/or (iii) the domain name(s) being deleted by Register.com and/or the ICM Registry. Neither Register.com 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.

      Moreover, you acknowledge that in order for any .XXX domain name registered through Register.com to resolve on the Internet you must be a member of the Sponsored Community, whereby you are obligated to procure your Sponsored Community member ID from the ICM Registry and provide it to Register.com. Additionally, in order for you to utilize other Register.com services in conjunction with a .XXX domain name you must be a member of the Sponsor Community and must also provide their member ID to Register.com in order for those services to function with respect to the .XXX domain name.

    2. Pre-Registration. When you submit a .XXX pre-registration request, you are authorizing us 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, Register.com 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 neither ICM nor Register.com has any liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise period or the Landrush 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.

    4. 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, within five (5) days after the close of the Sunrise period: (i) completed a membership application on the ICM website and his or her contact information has been confirmed; and (ii) completed and duly executed any supporting documentation that may be required for the Sunrise AT phase. 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.

    5. 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, within five (5) days after the close of the Sunrise period: (i) completed a membership application on the ICM website and his or her contact information has been confirmed; and (ii) completed the pre-existing exact-match domain validation process. 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.

    6. 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. Within five (5) days after the close of the Sunrise period, the prospective Sunrise B registrant must complete and duly execute any supporting documentation that may be required by Register.com or the ICM Registry for the Sunrise B phase.

    7. 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, within five (5) days after the close of the Landrush phase, the prospective registrant has completed a Membership application on the ICM website 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 lock" 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 webpage.

    8. 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 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.

    9. Charges. By submitting your .XXX pre-registration or 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. 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 but not limited to this Schedule.

    10. Ban on and Revocation of Certain Domain Names. You agree that ICM Registry has identified certain domain names that can not be registered during the Sunrise, Landrush, and General Availability process. You further accept that ICM Registry and Register.com reserves the right to deny pre-registration or 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 Landrush application submissions to the ICM Registry are considered final and we will not refund any application fees paid by you

      You further acknowledge and agree that all timeframes and schedules for the different registration phases for .XXX domain names are to be established by the ICC Registry at their sole discretion and those registration options will not be available once the associated phase has ended.

    11. 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.

    12. Creation of Separate Accounts for .XXX Domain Names. If you intend to register a .XXX domain name as a Member of the Adult Entertainment Sponsored Community through Sunrise AT, AD, or Land rush but also intend to register another .XXX domain name as a Non-Member through Sunrise B, you may not use the same registrant domain name account at Register.com to hold both Member and Non-Member .XXX domain names. You must create a separate registrant account to hold each type of .XXX domain name.

    13. 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 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.

    14. Charges. By submitting your .XXX pre-registration or 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. 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 but not limited to this Schedule.

    15. Ban on and Revocation of Certain Domain Names. You agree that ICM Registry has identified certain domain names that can not be registered during the Sunrise, Landrush, and General Availability process. You further accept that ICM Registry and Register.com reserves the right to deny pre-registration or 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 Landrush application submissions to the ICM Registry are considered final and we will not refund any application fees paid by you.

    16. 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.

    17. No Guarantees. Register.com 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 Register.com to ICM Registry domain name may fail or be rejected by ICM Registry. You acknowledge and agree that the successful registration will depend upon a number of different factors that Register.com 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 Register.com can control).

    18. 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 or 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.

    19. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that Register.com shall have no liability of any kind for any loss or liability resulting from the processing of pre-registration or 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. Register.com assumes no liability for any pre-registration or 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.

    20. 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 and/or the Agreement; (b) any violation of a third party's right related to your pre-registration or registration request; (c) any dispute with the ICM Registry or a third party arising out of your pre-registration or registration request; (d) any dispute related to the validation process for your pre-registration or registration request; or (e) any dispute related to the auction process for your pre-registration or registration request.

    21. Notification Requirement. You agree to immediately notify Register.com 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.

    22. 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.

    23. 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 Register.com are subject to the related sections of the Register.com Services Agreement.

  9. Additional Terms for .PRO

    1. Additional Representations and Warranties. If you are applying for the registration of a domain name in the .pro top-level domain ("TLD"), you also represent and warrant that: (i) the registration satisfies the applicable .pro restriction at the time of registration; and (ii) the registration satisfies the digital security requirements stated in Appendix L of the Registry Agreement, available at http://www.icann.org/en/tlds/agreements/pro/registry-agmt-appl-30apr08.htm. Additionally, you represent and warrant that, at all times during the term of the domain name registration you meet the .pro registration requirements set forth by Registry Operator for the registration of the your registration. You are required to provide prompt notice to us if you fail to meet such registration requirements. We and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify your registration(s) if, at any time, you fail to meet the registration requirements for such domain name.

    2. Acknowledgment of Dispute Policies and Rules. You acknowledge and agree:

      • (i) to be bound by and subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP") the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement;

      • (ii) not to make any representation to any person or entity that expressly or impliedly convey that your registration of the domain name in any way signifies or indicates that you possess any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;

      • (iii) to certify, for applications during the Sunrise Period, that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement, available at http://www.icann.org/en/tlds/agreements/pro/registry-agmt-appj-21may04.htm;

      • (iv) that Registry Services Corporation d/b/a RegistryPro ("Registry Operator") will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a domain name during these periods, and (ii) the results of any dispute over a Sunrise Registration, as that term is defined in Appendix J of the Registry Agreement;

      • (v) that you meet the applicable .pro registration requirements within the United States of America and you agree that, during the term of the registration, you will continue to meet such requirements and that you will promptly notify us if you no longer meet such requirements;

      • (vi) that Registry Operator is a third party beneficiary of the Registration Agreement with the right to enforce those provisions of the Registration Agreement that affect it;

      • (vii) that we will share with Registry Operator certain information submitted by you in your application(s) for our services, and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by Registry Operator and its designees and agents in connection with Registry Operator's service obligations to us or third parties, or as otherwise deemed necessary by Registry Operator;

      • (viii) that we shall be solely responsible for providing you with services with respect to (a) your application for a Registered Name and (b) in the event such application is accepted, for all ongoing services with respect to its issued domain name. You further acknowledge that Registry Operator shall have no obligation to provide such services to you. You agree that you have no contractual relationship whatsoever with Registry Operator and that you are not a third party beneficiary of any agreement between Registry Operator and us. You further agree that Registry Operator will have no legal, equitable or other liability of any kind to you; and

      • (ix) that if, pursuant to the performance of the initial verification services or annual reverification services, we determine that you do not meet or continue to meet the applicable .pro registration requirements, we are entitled to retain a processing fee in connection with the performance of the initial verification services and/or in connection with the performance of the annual reverification services.

      • (x) to indemnify, defend and hold harmless Registry Operator and its parent companies, subsidiaries, affiliates, divisions, shareholders, directors, officers, executives, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns from and against any and all losses, costs, expenses (including reasonable attorneys' fees), causes of action or other liabilities of any kind, whether known or unknown, arising out of, relating to, or otherwise in connection with the:

        • a). identify confirmation of the data provided by you;

        • b). confirmation of the professional license data provided by you; and

        • c). annual re-verification of your continued eligibility.

      • This indemnification obligation shall survive the termination or expiration of the Agreement between us and Registry Operator for whatever reason.

    3. You further acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: