Terms and conditions for .xxx Domain Names

These terms apply to all new and existing Clients of 123-reg seeking to register a .XXX domain name.

Individual Clients must be at least 18 years old to purchase a .XXX domain. Applicants will be required to provide documentary evidence to verify the information provided in the application data.

Clients understand that the Pre-Order service is no longer open for .XXX domain names. However, Clients may register a domain name in the current general availability period.

Affiliate payments will be paid out on the purchase of the .XXX domain name(s) as per the 123-reg Affiliate terms and conditions.

123-reg does not take responsibility for any unsuccessful applications based on incorrect information entered by Clients.

123-reg's pre-order process of .XXX domain names is subject to 123-reg's general terms and conditions. If there is any conflict between these terms and the general terms, the terms set out herein shall prevail.

123-reg reserves the right to end this service, extend this service and or amend the terms and conditions of this service at any time without the prior notice or consent of the Client. Reasonable usage applies.


Part A - Sunrise

The terms under Part A apply to Clients seeking to pre-register a .XXX domain on the basis that they are pre-existing domain name owners or trademark owners.

  • The term "sunrise" or "sunrise period" relates to the period of time during which applications to pre-register a .XXX domain may be submitted by Clients who are either trademark owners or existing domain name owners.
  • The sunrise period is scheduled to begin on 7 September 2011 until 28 October 2011, at the discretion of the registry in accordance with their terms and conditions.
  • Any sunrise applications made between 7 September 2011 and 28 October 2011 will not be on a first come first serve basis.
  • Multiple applications submitted during the sunrise period for the same domain name will be resolved in closed auction to be organised by the registry and is subject to their terms and conditions.
  • Clients attempting to pre-register a .XXX domain during the sunrise period because of their ownership of an adult industry trademark (AT) or because of their ownership of an adult industry domain (AD) will take priority over Clients attempting to pre-register a .XXX domain with a non-adult industry trademark or domain (B) seeking to block the domain name applied for.
  • Only the registered owners, licensees or assignees of eligible trademarks or domains will be eligible as applicants during the sunrise period. Each applicant will be obliged to indicate eligibility (capacity) in the respective application. In the case of licencees or assignees, the applicant will be required to submit a declaration form that will be made available to the registry and / or the validation agent. The form will need to be completed and signed by the licensor or transferor of the relevant eligible trademark and the applicant.
  • Any component forming the qualifying basis of an AT or AD application must have been registered prior to February 2010. For clarity, this is not a requirement of B applicants.
  • Clients using registered marks to qualify (either AT or B) will be required to own, without qualification, a subsisting trademark or service mark registration of national effect. This will need to be issued prior to the time of the application submission, in a jurisdiction were the applicant conducts substantial bona fide commerce in connection with the trademark or service mark actually registered.
  • In the case of AT and B applicants, the text of the domain applied for (excluding the "www." prefix and .xxx extension) will be required to correspond to the entire text of a text mark or, alternatively, correspond to the complete text component of a graphical or compound mark.
  • Documentary evidence may be required to contain at least an up-to-date:
    • Electronic copy of an official document issued by the corresponding trademark office or trademark registry; and / or
    • Extract from an official online database operated by the corresponding trademark office registry.
  • For AD applicants using a domain name to qualify for the sunrise period, in addition to the requirement for the domain to have been registered prior to February 2010, the domain must be in active bona fide use with an eligible website or service that comports with the definitions of "Sponsored Community". Please see the following link for further details http://www.icmregistry.com/policies/abcd/
  • An active bona fide use with an eligible website or service will exclude domain names primarily used for parking, link farming or forwarding to a site operated by a party other than the applicant or where the registry believes the registration has been made primarily for the purpose of a bad faith attempt to qualify under the Sunrise Allocation Policy.
  • The pre-existing domain name for an AD or B applicants will be required to be an Internet Assigned Numbers Authority (IANA) TLD registered at the first applicable level that can normally be registered with commercial providers of registration services in the TLD.
  • Registrants of higher-level names registered by private operators of registered names (such as <example>.blogspot.com), and registrants of names in "alternative" non-IANA root systems, will not qualify.
  • The Client acknowledges that whilst 123-reg will use its reasonable endeavours to register a pre-ordered .XXX domain, 123-reg does not accept any liability if the .XXX domain name (for whatsoever reason) is incapable of being registered. 123-reg in no way shape or form guarantees the successful registration of the pre-ordered .XXX domain.
  • Upon the Client registering their interest in pre-ordering a .XXX domain name the Client shall receive an email from 123-reg confirming the domain name(s) the Client has sought to register. Payment for the relevant domain, the Client has pre-ordered will be taken at the time of placing the pre-order excluding the administration fee and the verification fee.
  • If the Client is successful in having the .XXX domain registered with the .XXX registry 123-reg shall write (via email) to the Client and confirm the successful registration of their .XXX domain name(s).
  • There are no refunds offered on any applications during the sunrise period that are unsuccessful in registration.

Part B - Landrush

The terms under Part B apply to Clients seeking to pre-register a .XXX domain on the basis that they do not qualify for a sunrise application (i.e. non-trademark & non-domain owners).

  • The term "landrush" or "landrush phase" refers to the period of time during which applications to pre-register a .XXX domain may be submitted by Clients who are neither trademark owners or existing domain name owners.
  • The landrush phase will not be on a first come first served basis. Applications will be submitted to the registry at the end of the landrush period, which is scheduled to commence on 8 November 2011 until 25 November 2011, at the discretion of the registry in accordance with their terms and conditions.
  • Landrush applications can be made prior to 24 October 2011 in concurrence with sunrise applications, but these will be held back until the aforementioned date.
  • Multiple applications submitted during the landrush period for the same domain name will be resolved in closed auction to be organised by the registry and is subject to their terms and conditions.
  • In the event that a Sunrise application has been made for the same domain applied for in a landrush application, the Sunrise application will take priority.
  • The Client acknowledges that whilst 123-reg will use its reasonable endeavours to register a pre-ordered .XXX domain, 123-reg does not accept any liability if the .XXX domain name (for whatsoever reason) is incapable of being registered. 123-reg in no way shape or form guarantees the successful registration of the pre-ordered .XXX domain.
  • Upon the Client registering their interest in pre-ordering a .XXX domain name the Client shall receive an email from 123-reg confirming the domain name(s) the Client has sought to register. Payment for the relevant domain, the Client has pre-ordered will be taken at the time of placing the pre-order excluding the administration
  • If the Client is successful in having the .XXX domain registered with the .XXX registry 123-reg shall write (via email) to the Client and confirm the successful registration of their .XXX domain name(s).
  • There are no refunds offered on any applications during the landrush period that are unsuccessful in registration.

Part C - General Availability

The terms and conditions under Part C are applicable to Clients of 123-reg that pre-order a .XXX domain name with 123-reg for the General Availability phase.

  • General availability is scheduled to begin on 6 December 2011 and names will be allocated on a first-come, first-served basis.
  • If the Client has been unsuccessful in obtaining the registration of their .XXX domain name(s), 123-reg shall write (via email) to the Client informing them of the same.
  • Refunds on the pre-registration fee paid in seeking to register a .XXX domain name(s) will only be given if the Client has failed in obtaining the registration of their .XXX domain. In relation to the failure to register their domain name(s), 123-reg shall use reasonable endeavours to provide any refund or credit within 30 days following the confirmation of the status.
  • If a Client is unsuccessful in registering their .XXX domain, they will be entitled to either of the following:
    • Credit to their 123-reg account to spend on 123-reg products / services only for the full pre-registration fee (excluding the administration fee) plus an additional 5% credit added to their account; or
    • A refund of the pre-registration fee only (excluding the administration fee) to the original payment card used for purchase.
  • If a Client fails to select the preferred refund/credit option post 30 days after confirmation of the status of the application, 123-reg shall add the pre-registration fee only (excluding the administration fee) as a credit to the Client's 123-reg account automatically.
  • Further to the above clause, any credit allocated to the Client's 123-reg account after the allocated 30 day period will not include the additional 5% credit that would have been provided if this credit option had been originally selected following unsuccessful registration.
  • The Client acknowledges that whilst 123-reg will use its reasonable endeavours to register a pre-ordered .XXX domain, 123-reg does not accept any liability if the .XXX domain name (for whatsoever reason) is incapable of being registered. 123-reg in no way shape or form guarantees the successful registration of the pre-ordered .XXX domain.
  • Upon the Client registering their interest in pre-ordering a .XXX domain name the Client shall receive an email from 123-reg confirming the domain name(s) the Client has sought to register. Payment for the relevant domain, the Client has pre-ordered will be taken at the time of placing the pre-order excluding the administration fee.
  • If the Client is successful in having the .XXX domain registered with the .XXX registry 123-reg shall write (via email) to the Client and confirm the successful registration of their .XXX domain name(s).
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