“Grandfathering” Clause

ICM Registry, via its wholly owned subsidiaries, has applied for .SEX, .PORN, and .ADULT under ICANN’s 2012 New gTLD Program.

If we are granted the right to operate .SEX, .PORN, or .ADULT, we will automatically, at no cost, implement a “Grandfathering” clause for each of the gTLDs that we are awarded. The “Grandfathering” clause reserves corresponding .XXX names in the awarded gTLDs; this will protect the direct match .XXX names in these new gTLDs.

The underlying .XXX registrant has full control over whether or not to register the .XXX reserved name in the gTLDs. The .XXX registrant may choose to register the name in one gTLD (and not others), the .XXX registrant may choose to register the name in all awarded gTLDs, the .XXX registrant may choose to use the name or sell the name or transfer the name. Alternatively, the .XXX registrant may choose not to register the name at all and instead, may choose to keep the name reserved in all awarded gTLDs, at no cost. All of these options are available to the .XXX registrant for as long as the underlying .XXX registration is maintained.

For example, if we are awarded the gTLDs and you have a registration for the domain name EXAMPLE.XXX, then, we will automatically, and at no cost to you, reserve EXAMPLE.SEX, EXAMPLE.PORN, and EXAMPLE.ADULT. We will maintain these .SEX, .PORN, or .ADULT reservations for free; there is nothing more you need to do. If and when you decide to register the name, you can; otherwise, it will remain reserved.

For names that are already .XXX registry-reserved names, there is nothing more that any entity needs to do. We will keep .XXX registry-reserved names reserved in the gTLDs as well. We will do this at no cost and for as long as we are authorized to operate the gTLD. (This applies to all Sunrise B .XXX reserved names as well as other .XXX registry-reserved names, but does not apply to .XXX names we reserved under our promotional programs intended for .XXX domain name registrations.)

At all times, all registered domain names remain subject to intellectual property laws and rights.

*For more information about the new gTLD Program rules and procedures, see the Guidebook published at http://newgtlds.icann.org/en/applicants/agb. The Guidebook may be modified and if modified, we will be subject to those modifications.

**While the reservations in the new gTLDs will be done free of charge, there will be charges for additional registrations. For more information about the “Grandfathering” clause, please see the forthcoming applicable rules and procedures that will be published if the new gTLDs are awarded.