.SEX Launch Plan and Policies



1   GENERAL PROVISIONS

1.1  Scope and Applicability

ICM Registry LLC, on behalf of its subsidiaries and affiliated entities (collectively referred to as “ICM”), will be launching top-level domains (“TLDs”) pursuant to ICANN’s new gTLD Program. This Launch Plan and Policies document describes the processes, procedures, and rules applicable to Registration of a second level domain name in a new gTLD operated by ICM (an “ICM gTLD”).

1.2  Launch Periods and Timeline

The dates and periods listed below are subject to change.

All such changes will be posted on the Registry website at www.icmregistry.com (the “Registry Website”).

  • Phase

  • Start Date

  • End Date

  • TMCH Sunrise

  • September 1, 2015 16:00 UTC

  • Ocotber 1, 2015 16:00 UTC

  • Limited Registration - Sunrise B / or Domain Matching Program

  • October 5, 2015 16:00 UTC

  • October 30, 2015 16:00 UTC

  • General Availability

  • November 4, 2015 16:00 UTC

  • Ongoing

The dates and periods above are subject to change; any such changes will be posted on the Registry Website.

1.3 Registration of gTLD Names

Only an Accredited Registrar may submit Registration Requests for ICM gTLD names.

The Registry will not accept a Registration Request unless it meets the following technical and syntax requirements:

  • If ASCII, consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;

  • If non-ASCII (e.g., IDN), consist of language scripts offered by the Registry (as specified on the Registry Website);

  • Not begin or end with a hyphen;

  • Not exceed 63 characters;

  • Contain at least one character; and

  • Not contain hyphens, except where two consecutive hyphens (--) are used in the 3rd and 4th positions, when preceded by “xn” and followed by a label that corresponds with an IDN containing characters referred to in Subsection (2) above.

The Registry may reject a Registration Request or may delete, revoke, suspend, cancel or transfer a Registration under the following criteria:

  • To enforce Registry Policies and ICANN Requirements; each as amended from time to time.

  • That is not accompanied by complete and accurate information as required by ICANN Requirements and/or Registry Policies or where required information is not updated and/or corrected as required by ICANN Requirements and/or Registry Policies.

  • To protect the integrity and stability of the Registry, its operations, and the ICM gTLD.

  • 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.

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

  • To correct mistakes made by the Registry or any Accredited Registrar in connection with a Registration.

  • As otherwise provided in the Registrar’s terms and conditions, the Registry-Registrar Agreement and/or the Registry-Registrant Agreement.

1.4 Term

ICM gTLD names may be registered for a period of no less than one (1) year and no more than ten (10) years, commencing on the date on which the Registration Request submitted by the Accredited Registrar is created by the Registry. All Registration Requests must specify the registration period (the "Term").

It is the obligation of the Accredited Registrar, and not the Registry, to notify a Registrant in advance of the termination or expiration (for any reason) of a Registration.

1.5 Payment to the Registry

The Registry will not accept any Registration Request, and will not renew a Registration at the end of the applicable Term unless it has received payment in full from the applicable Accredited Registrar. Names subject to a Registration Request, or names that result in a Registration will be released in accordance with Registry Policies and ICANN Requirements.

1.6 Registry-Registrant Agreement

Prior to submitting a Registration Request, the Accredited Registrar must secure the affirmative consent of the Applicant to the terms of the Registry-Registrant Agreement, as amended from time to time and posted on the Registry Website.

1.7 Reserved Names

The Registry has reserved certain names from registration in the ICM gTLD ("Registry Reserved Names"), including, without limitation, the names appearing on the list of ICANN reserved gTLD names located at https://www.icann.org/resources/pages/reserved-2013-07-08-en and as such list may be modified by ICANN from time to time.

Registry Reserved Names include additional names reserved by the Registry for its own purposes in compliance with ICANN Requirements and Registry Policies.

The Registry reserves the right to reserve additional names as Registry Reserved Names at any time in its sole discretion, and to allocate such names in accordance with ICANN Requirements and Registry Policies.

2 TRADMEMARK CLEARINGHOUSE (TMCH) SUNRISE

2.1 Scope and Timing

Each ICM gTLD will offer a thirty (30) day Start-Date Sunrise Period as a rights protection mechanism for mark holders before names become available for registration through its limited registration programs or to the general public. During this TMCH Sunrise, only SMD File holders (or their agents) will be authorized to submit TMCH Sunrise Registration Requests. Successful TMCH Sunrise Registrations will be allocated on a first-come, first-served basis.

2.2 TMCH Sunrise Registration Requests Process Overview

The following process applies to TMCH Sunrise Registration Requests:

  • SMD Files submitted with TMCH Sunrise Registration Requests are validated by the Registry.

  • TMCH Sunrise Registration Requests missing a valid SMD File or containing an invalid SMD File will be rejected by the Registry.

  • Registration Requests for which a valid TMCH Sunrise Application has been received that (i) meet the TMCH Sunrise Registration eligibility criteria described herein and (ii) were submitted in accordance with Registry Policies, ICANN Requirements, and the Registry-Registrar Agreement, will be allocated on a first-come, first-served basis.

The Registry will not process a TMCH Sunrise Application unless the Registry has a validated the SMD File with the TMCH, and has received, or has, in its discretion, reasonable assurance of payment from the Accredited Registrar of all applicable fees.

Unless otherwise stated in this Launch Plan, the Registry will allocate a TMCH Sunrise domain name if:

  • The domain name meets the requirements set forth herein;

  • The domain name and the information contained in the Registrar’s Registration Request meet the requirements in the Registry-Registrar Agreement and the Registry-Registrant Agreement;

  • The domain name is available; and

  • The Registrar is in good standing with the Registry.

TMCH Sunrise Registration Requests may be submitted for any available ICM gTLD names, meaning names that have not otherwise been reserved by the Registry for any reason, or names that have not otherwise been registered pursuant to a Qualified Launch Program, prior to the commencement of the TMCH Sunrise period.

2.3 TMCH Sunrise Eligibility Requirements

TMCH Sunrise Registration Request(s) may only be submitted by an Accredited Registrar sponsoring the TMCH Sunrise Applicant and must include an SMD File corresponding to the domain name in the applied-for ICM gTLD.

  • Eligible Applicants

    Each Applicant must meet the qualifications specified by ICANN requirements and detailed in the TMCH Guidelines, as they may change from time to time.

  • SMD File Requirements

    The Applicant must first provide information required by the TMCH to obtain the SMD File as detailed in Sections 2 and 3 of the TMCH Guidelines. The TMCH will then issue an SMD File to verified Applicants. The Sunrise Applicant must submit a valid SMD File along with its Sunrise Registration Request.

  • Domain Name Requirements

    The Registry will not accept a TMCH Sunrise Registration Request unless the applied-for domain name meets the applicable requirements as defined in RFC 1035 and RFC 1123, including the following technical and syntax requirements. The domain name must:

    • If ASCII, consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;

    • If non-ASCII (e.g., IDN), consist of language scripts offered by the Registry (as specified on the Registry Website);

    • Not begin or end with a hyphen;

    • Not exceed 63 characters;

    • Contain at least one character; and

    • Not contain hyphens, except where two consecutive hyphens (--) are used in the 3rd and 4th positions, when preceded by “xn” and followed by a label that corresponds with an IDN containing characters referred to in Subsection (2) above.

2.4 The Registry’s Rights regarding TMCH Sunrise Registration Requests

The Registry shall be entitled, but not obligated, to reject a TMCH Sunrise Registration Request or to delete, revoke, cancel, suspend or transfer a TMCH Sunrise Registration:

  • To enforce Registry policies and ICANN Requirements, each as amended from time to time;

  • That is not accompanied by complete and accurate information, or where required, information is not updated or corrected, as required by ICANN Requirements or Registry policies;

  • To protect the integrity and stability of the operation or management of the Registry;

  • To comply with applicable laws, regulations, policies or any holding, order or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;

  • To establish, assert, or defend the legal rights of the Registry or any third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries,

  • To correct mistakes made by the Registry or any Registrar in connection with a TMCH Sunrise Registration;

  • If the Registry receives notice that the SMD File is under dispute; or

  • As otherwise provided in the Registrar’s terms and conditions or Registry-Registrar Agreement.

2.5 TMCH Sunrise Disputes

Information regarding ICM’s TMCH Sunrise Dispute Resolution Policy (SDRP) is available on the Registry Website.

  • TMCH Trademark Validation and SMD File Fraud

    The TMCH is responsible for maintaining TMCH Sunrise eligibility requirements, validating and authenticating marks (as applicable), and hearing challenges regarding validity of a mark or SMD File. When processing TMCH Sunrise applications, ICM relies on the validity of mark holder information contained in SMD Files provided by the TMCH.

    Disputes regarding the validity of an SMD File are subject to a separate TMCH dispute process, in addition to the ICM SDRP, and should be submitted to the TMCH using its dispute resolution procedures outlined in http://trademark-clearinghouse.com/dispute prior to initiation of a complaint under this Policy. In the event the TMCH reports fraud in an SMD File or a TMCH Sunrise application, ICM may disqualify the TMCH Sunrise application or, in the event that fraud is detected after the TMCH Sunrise period, delete the applicable domain name(s).

3 LIMITED REGISTATION PERIOD – SUNRISE B PROGRAM AND/OR DOMAIN MATCHING PROGRAM

3.1 Scope and Timing

The Registry will offer a Limited Registration period that will be referred to as either the Domain Matching Program and/or the Sunrise B Program before registration names become available to the general public. During this Limited Registration period only Applicants who have either (i) an existing .XXX TLD Registration or (ii) who successfully applied for a .XXX Sunrise B Reservation will be authorized to submit a Registration Request for the directly matching second level domain name in the ICM gTLD. Successful Registrations will be allocated on a first-come, first-served basis.

3.2 Limited Registration Period Registration Request Process Overview

Domain names for which a valid Registration Request has been received that (i) meet the Limited Registration period eligibility criteria described herein and (ii) were submitted in accordance with Registry Policies, ICANN Requirements, and the Registry-Registrar Agreement, will be allocated to the Applicant during the Limited Registration period. The Registry will not process a Limited Registration period Registration Request unless the Registry has received, or has, in its discretion, reasonable assurance of payment from the Accredited Registrar of all applicable fees.

Limited Registration period Registration Requests may be submitted for any available ICM gTLD names, meaning names that have not been reserved, restricted, registered, awarded, or otherwise allocated prior to commencement of the Limited Registration period.

3.3 Limited Registration Period Eligibility Requirements

Limited Eligibility period Registration Requests may only be submitted for the directly matching second level domain name in an ICM gTLD by either (i) the same Applicant that submitted a successful .XXX Sunrise B Reservation Request or (ii) the same Registrant of the directly matching .XXX TLD Registration. Unless otherwise expressly agreed to by ICM, the Applicant must use the same Accredited Registrar of Record that sponsored the Applicant in its underlying, directly matching .XXX Sunrise B Reservation or its directly matching .XXX Registration; at all times ICM may designate alternate Accredited Registrar(s) to effectuate Applicant’s Registration Request. Applicants that are basing their Limited Registration period Registration Request on an underlying, directly matching .XXX second level domain name Registration must have the underlying, directly matching .XXX second level domain name registered as of October 1, 2015 (16:00 UTC).

3.4 The Registry’s Rights Regarding Limited Registration Period Registration Requests

The Registry shall be entitled, but not obligated, to reject a Limited Registration period Registration Request or to delete, revoke, cancel, suspend or transfer a Limited Registration period Registration:

  • To enforce Registry policies and ICANN Requirements, each as amended from time to time;

  • That is not accompanied by complete and accurate information, or where required, information is not updated or corrected, as required by ICANN Requirements or Registry policies;

  • To protect the integrity and stability of the operation or management of the Registry;

  • To comply with applicable laws, regulations, policies or any holding, order or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;

  • To establish, assert, or defend the legal rights of the Registry or any third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries,

  • To correct mistakes made by the Registry or any Registrar in connection with a Sunrise Registration; or

  • As otherwise provided in the Registrar’s terms and conditions, the Registry-Registrar Agreement and/or the Registry-Registrant Agreement.

4 GENERAL AVAILABILITY

During General Availability, Registration Requests for any available ICM gTLD names, meaning names that have not been reserved, restricted, registered, awarded or otherwise allocated prior to General Availability, will be allocated by the Registry through Accredited Registrars on a first come, first-served basis subject to the Registry Policies and ICANN Requirements.

5 LAUNCH POLICY DEFINED TERMS

Accredited Registrar is a domain name registrar that is (i) accredited by ICANN and (ii) has entered into a Registry-Registrar Agreement with the Registry.

Applicant is a natural person, company, or organization in whose name a Registration Request or a Reservation Request is made.

ICANN Requirements include the Registry's obligations under the Registry Agreement between Registry and ICANN, all applicable ICANN Consensus Policies, and all applicable ICANN Temporary and Specifications and Policies, each as defined in the Registry Agreement.

Premium Name include the Registry's obligations under the Registry Agreement between Registry and ICANN, all applicable ICANN Consensus Policies, and all applicable ICANN Temporary and Specifications and Policies, each as defined in the Registry Agreement.

Qualified Launch Program is the ICANN-approved process that enables the Registry to allocate names to third parties prior to the ICM gTLD TMCH Sunrise.

Registrant is an Applicant that submitted a Registration Request that has been paid for in full and accepted by the Registry. A Registrant is the holder of a registered name.

Registration means a domain name submitted by an Accredited Registrar on behalf of a Registrant for a specified Term that has been accepted by the Registry in accordance with the terms of the Registry-Registrar Agreement and the Registry-Registrant Agreement.

Registration Request is an application submitted by an Accredited Registrar, on behalf of an Applicant, to register a second level domain name in a TLD owned or operated by ICM. Registration Requests are non-transferable.

Registry is ICM Registry LLC and/or its subsidiaries or affiliated entities.

Registry Policies means the policies adopted from time to time by the Registry as posted under Policies on the Registry Website.

Registry-Registrant Agreement is the Registry-Registrant Agreement, as amended from time to time and posted on the Registry Website.

Registry-Registrar Agreement is the agreement entered into between Registry and Accredited Registrars, as amended from time to time.

Registry Website is www.icmregistry.com.

SMD File is the file issued by the TMCH proving that the TMCH application data for one or more TMCH-Sunrise eligible terms have been successfully validated and entered into the TMCH database.

TMCH means the Trademark Clearinghouse, which is the mechanism made available for the validation and database management of rights protected terms, typically trademarks.

TMCH Sunrise means the period as shown in the Launch Periods and Timeline above during which holders of SMD Files may submit TMCH Sunrise Applications.

.XXX Sunrise B Reservation means the reservation from registration of a second level domain name in the .XXX TLD that was successfully submitted by an Accredited Registrar on behalf of an Applicant during the .XXX Sunrise B Program.

.XXX Sunrise B Reservation Request is an application submitted by an Accredited Registrar, on behalf of an Applicant during the .XXX Sunrise B Program, to reserve a second level domain name from registration in the .XXX TLD. Reservation Requests are non-transferable.