Service Order: Special Terms and Conditions for the “Adult Block” Service

This Service Order (hereinafter also referred to as “SO”) sets forth the terms for the provision of the AdultBlock service (hereinafter also referred to as the “Service”) by Swizzonic AG, Zurich (hereinafter also referred to as “Swizzonic”) to the customer (hereinafter also referred to as the “Customer”), in accordance with the conditions outlined in the following articles.

Unless otherwise stated in the articles below, the contract for the provision of the online brand protection service by Swizzonic Ltd. applies, which is to be understood as an integral and essential part of this document. The Customer confirms having read and accepted this and undertakes to comply with it.

The commercial offer (hereinafter “Offer”) describes the characteristics and the price of the Service. The commercial offer forms an integral part of these terms and is published on the website of Swizzonic Ltd. at https://www.swizzonic.ch/online-brand-protection/domain-monitoring/?lang=en.

It may be supplemented by additional documentation provided to the Customer by Swizzonic.

The Service is provided in accordance with the conditions established by ICM Registry LLC and its subsidiaries and/or affiliated companies, which act as registries under contract with ICANN (hereinafter “ICM” or “Registry”).

The fees for the Service correspond to the prices indicated in the commercial offer.

The term of the Service is selected by the Customer from the options provided in the commercial offer of Swizzonic. The Customer may choose a block duration of 1, 3, 5, or 10 years, as provided in the “AdultBlock – Customer Terms of Use” of the Registry and in the commercial offer of Swizzonic.

The AdultBlock service enables trademark owners to block terms previously submitted to the Trademark Clearinghouse (TMCH) or already registered under the Sunrise B program. The AdultBlock service ensures that the submitted term is blocked from registration in the Top-Level Domains (TLDs) listed below.

Specifically, two types of services are available, one called “AdultBlock” and the other “AdultBlock+” (collectively “AdultBlock Services”). The features of these services are described in more detail in the Offer. These services allow the Customer to block their trademarks (hereinafter “TM” or “Label”) in the remaining available TLDs “.adult”, “.porn”, “.sex”, “.xxx” to prevent third parties from registering the trademark as a domain name (“Block”), as described in this document and the related commercial offer (collectively “Service”).

The fee for the Service does not change depending on whether the Block covers all or only some of the four extensions listed above. The “AdultBlock+” service has been developed in the languages and scripts indicated by the Registry. Currently, these include: English, Belarusian, Bosnian, Bulgarian, Chinese (Simplified), Chinese (Traditional), Danish, French, German, Hungarian, Icelandic, Italian, Korean, Latvian, Lithuanian, Macedonian, Montenegrin, Polish, Portuguese, Russian, Serbian, Spanish, Swedish, Ukrainian; these languages and scripts may be periodically updated by the Registry and made available to the Customer.

1. The Customer provides Swizzonic Ltd. with all information necessary for the provision of the Service concerning their trademark (“TM”). This information may be submitted:
(a) as a Signed Mark Data (“SMD”) file generated through the Trademark Clearinghouse (TMCH), or
(b) in cases where the requested block is based on a “.XXX Sunrise B Block”:
(i) the blocked Sunrise B domain name must be provided;
(ii) if multiple .XXX Sunrise B applications are associated with this domain name, the Customer must select the name originally blocked by the Sunrise B applicant for which the block is requested; and/or
(iii) if the Sunrise B information does not comply with the naming rules applicable to the Service, the Customer must adjust the information or characters to derive the correct label for the Service.

2. The Customer acknowledges and accepts that if a domain name is reserved by the Registry or ICANN, or restricted at the discretion of the Registry (collectively “Restriction”), the Customer will not be able to obtain a block for the specific combination of TM and the respective TLD.

3. The Customer confirms that they are the lawful owner or licensee of the trademark (TM) or an authorized representative. The Customer declares and warrants that they hold the necessary rights to the TM and, where applicable:
(i) possess a valid SMD at the time of the block request that contains the relevant TM;
(ii) the SMD originates from the TMCH and is valid at the time of the block request; and/or
(iii) they are the original Sunrise B applicant for .XXX or have been expressly authorized to use the Service on behalf of the Sunrise B applicant.

4. The Customer acknowledges and accepts that this contract, including its appendices, may be amended by Swizzonic Ltd. during its term, insofar as necessary to:
4.1. meet technical, operational, or economic requirements;
4.2. comply with new or amended statutory or regulatory provisions of Switzerland or international requirements;
4.3. implement changes to technical, economic, or contractual conditions of third parties (including but not limited to suppliers or business partners);
4.4. ensure an appropriate level of service and adequate security standards for the platform;
4.5. adjust prices for the offered services.

These amendments – insofar as they affect service levels and are not required by statutory or regulatory provisions – shall take effect 30 (thirty) days after notification to the Customer.

If the amendments are materially detrimental to the Customer, lead to a significant reduction of services, or include a price increase, the Customer is entitled to withdraw from the contract within the same period of 30 (thirty) days after receipt of the notification, which results in the termination of the services.

5. Swizzonic Ltd. and the Registry shall not be deemed in breach of contract and shall not be liable for failure, interruption, or delay in fulfilling their obligations if caused by earthquakes, floods, fire, storms, natural disasters, force majeure, war, armed conflicts, labor strikes, lockouts, or boycotts (“Force Majeure”), provided the party invoking such event:
(a) informs the Customer in writing, in any case within five (5) days of becoming aware; and
(b) takes all reasonable measures to mitigate the effects of the force majeure event;

If such an event lasts more than thirty (30) days, either party may terminate the contract with immediate effect.

6. The Customer declares that they have read and expressly accepted all terms of use of the Registry’s “AdultBlock Customer Terms of Use,” which form an integral and essential part of this contract and are reproduced below as well as updated by the Registry.

7. To the maximum extent permitted under Swiss law, the Customer acknowledges and accepts that the limitations of liability and indemnification provisions in favor of ICM in the “AdultBlock Customer Terms of Use” likewise apply in favor of Swizzonic Ltd..

The Customer further declares to indemnify and hold Swizzonic Ltd. harmless from any claims for compensation, reimbursement, damages, losses, expenses, fees, or costs arising from a breach of the Customer's obligations under this contract, including the documentation provided by the Registry.

AdultBlock – Customer Terms of Use (Swizzonic Ltd. as Registrar)
This document sets out the rules under which you as a rights holder or authorized representative (hereinafter “You” or “Your”) may use the AdultBlock Service and/or the AdultBlock+ Service (collectively “Service” or “Block”) provided by ICM Registry LLC and/or its affiliates, subsidiaries, and/or subcontractors (“Registry” or “We”).

1. The Service
The Registry operates various Top-Level Domains (“TLDs” or “extensions”) for internet domain names (“Domain Name(s)”). Domain names can be registered by anyone and are unfortunately sometimes misused, such as for cybersquatting or fraudulent purposes.
The service developed by the Registry enables you to block a trademark – to which you hold rights, evidenced either by
(i) its record in the Trademark Clearinghouse (http://www.trademarkclearinghouse.com

, “TMCH”), or
(ii) your or your authorized representative’s participation in the .XXX Sunrise B program in 2011 – so that domain names consisting of your trademark (“Trademark”) and the extensions cannot be registered by unauthorized third parties.

• If your trademark is recorded in the TMCH:
– The TMCH record contains label(s), i.e., different representations of your trademark (e.g., “Example-Trademark” and “Example & Trademark”).
– The AdultBlock service blocks the available exact character string of one (1) label of your choice in the extensions.
– The AdultBlock+ service blocks all available labels of your trademark as well as all available automatic variants of the trademark in different languages and scripts, based on confusable characters published by the Unicode Consortium (http://www.unicode.org/Public/security/latest/confusables.txt) (“Automatic Variations”).

• If your trademark participated in the .XXX Sunrise B program (2011):
– The AdultBlock service blocks the available label selected by your registrar based on the character string blocked in the Sunrise B program.
– The AdultBlock+ service blocks all available labels that can be derived from the Sunrise B domain name, including automatic variants of those labels.

2. The Trademark
For the Service, the trademark may be based either on an original Sunrise B application from 2011 or a trademark registered in the TMCH.
For TMCH trademarks, the trademark is represented by a Signed Mark Data file (“SMD”). This file contains all labels of the trademark and identifies you as the rights holder. Your registrar submits the SMD to the Registry.
For trademarks participating in Sunrise B, the Registry relies on the data verified in 2011 and may re-verify this at its discretion at any time. This re-verification may incur additional fees.

A valid label must:
• consist only of A–Z (case-insensitive), 0–9, and hyphens;
• not begin or end with a hyphen;
• for AdultBlock+, in IDN TLDs, be in one of the language/script sets supported by the Registry;
• contain two consecutive hyphens only in positions 3–4 (“xn-”) when it is an IDN;
• contain a maximum of 63 characters;
• comply with RFC 1035, RFC 1123, and RFC 2181.

If the original Sunrise B label does not meet these rules, you authorize your registrar to update it, and the Registry to rely on it.

3. Variants
With AdultBlock+, you can block not only identical but also confusable names. The Registry generates variants based on the Unicode confusables list. For each submitted trademark and label, all possible variants are calculated and blocked. The fee remains a flat rate regardless of the number of variants.

4. Duration
You may choose a block for 1, 3, 5, or 10 years and renew it. The total maximum duration is 10 years. The term begins once your registrar has successfully applied for the block with the Registry.

5. Prices
Prices are set by your registrar (here Swizzonic Ltd.), based on the following principles:
• identical fees regardless of the number of TLDs
• AdultBlock: flat fee for one label
• AdultBlock+: flat fee for all labels + automatic variations

6. General Provisions

6.1. Authorization.
You warrant that you are authorized to enter into this contract and fulfill your obligations. You will not breach agreements with third parties by entering into this contract.

6.2. Errors or delays by the Registry or the Registrar.
In the event of an error by the Registry or Registrar, the sole remedy is their right to suspend, delete, revoke, or apply a block. Delays may occur.

6.3. Limitation of Liability
Neither the Registry nor the Registrar shall be liable for consequential, exemplary, or incidental damages, or for direct damages exceeding the limitations set forth herein, even if they have been advised of the possibility of such damages. The total liability of the Registry or the Registrar, including but not limited to liability arising from contract, tort, warranty, or otherwise, shall in no event exceed the amount of payments you have made under this Agreement. This section shall survive the termination of this Agreement.

The Registry provides all services described herein on an “as is” and “as available” basis, without any warranties or representations, whether express or implied, including but not limited to warranties of fitness, merchantability, non-infringement, or any implied warranties arising from performance, course of dealing, or trade usage. Neither the Registry nor the Registrar makes any representation that their website or service will be uninterrupted or error-free, and neither the Registry nor the Registrar shall be liable for any consequences of interruptions or errors related to the service.