ANNEX .ICU - SPECIAL CONDITIONS FOR THE .ICU TLD version 1.0 – April 18th, 2018

In addition to 's General Terms and Conditions for registration, the registration and use of a .ICU domain name implies the acceptance of and compliance to the present special conditions contained herein.

All Your legal information and contracts can be viewed at any time via Our website. Capitalized terms have the defnition attributed to them in Our General Terms and Conditions of Domain Name Registration. Specifcally, “You” refers to the owner of the domain name, and “We” designates Gandi.

Section .ICU.1. Trustee authority and Registry • Phishing and Abuse Policies: https://www.centralnic.com/support/abuse .ICU is a generic Top-Level-Domain (gTLD). The following diagram • ICANN consensus policies: presents the various parties involved for the .ICU TLD: http://www.icann.org/en/general/consensus-policies.htm

These contracts bind You to the .ICU Registry. The special conditions contained herein do not replace these rules, but rather ICANN Trustee Authority form part of them. You acknowledge to have fully understood and to http://www.icann.org have accepted these rules on Our website.

The contract between ICANN and the .ICU Registry is available at the following address: Shortdot SA http://www.icann.org/en/about/agreements/registries/icu (.icu) Registry https://nic.icu Section .ICU.3. Launch rules

The .ICU top level domain name launch will occur in 2 phases: Sunrise and general opening. Registry CentralNic technical The Sunrise phase will run from April 24th 2018 to May 24th 2018. https://www.centralnic.com operator General opening is scheduled for May 29th 2018. These dates are not defnitive and are subeect to change by the Registry.

Preregistrations are available at Gandi: domain names can be ordered at that time, but are not yet registered or reserved. Gandi Registrar http://gandi.net Section .ICU.4. Special requirements

.ICU special requirements are available at: Reseller http://www.gandi.net/domain/icu/info

Customers .ICU domain names are open to everyone. Section .ICU.5. Sunrise

You ! 5.1 Eligibility rules

Only owners of a trademark registered with the trademark rights protection mechanism “TMCH” (Trademark Clearinghouse) established by ICANN are eligible to make a request during the Your internet Your web host Sunrise period. provider As a TMCH trademark agent, Gandi can proceed with the registration of Your trademarks with TMCH (service reserved to Our Corporate customers, please contact Our Corporate team). You can view the information and special rules of each party involved by clicking on the respective links. Eligibility conditions concerning the registration of a trademark with TMCH and the applicable rules are available at the following Section .ICU.2. Registration terms and conditions address: http://www.trademark-clearinghouse.com/downloads

When You apply to register a .ICU domain name, You acknowledge Once Your trademark has been validated, TMCH generates one or that You have fully understood, and that You certify to have full several "labels" strictly identical to Your trademark. knowledge of and that You agree to abide by all the rules and specifc conditions of .ICU domain names, as defned by ICANN, Upon the submission of Your trademark with TMCH, You can Top Level Spectrum Inc. and CentralNic which may be viewed at choose the Sunrise service, provided that Your trademark has been the following pages: validated by TMCH. The Sunrise service includes:

• Rules applicable to .ICU: - generating a “SMD” (Signed Mark Data) fle that proves the https://nic.icu/policies validation of Your trademark and allows You to make a registration • CentralNic Terms and Conditions: request during the Sunrise period for one or several domain names https://www.centralnic.com/support/terms/domains strictly identical to the “label(s)” generated, provided that You • CentralNic Privacy Policy: comply with the eligibility conditions and rules enacted by the https://www.centralnic.com/pdfs/Privacy%20Policy%20v1.0.pdf Registry,

1/3 - sending notifcations (NORNs) that inform You of the registration http://www.icann.org/en/about/agreements/registries/icu of a domain name identical to Your trademark by a third party • Registry reserved names: during the Sunrise period. https://nic.icu/terms (3.5) • names containing two characters followed by two hyphens and During Your registration request on Our interface, You must upload names beginning or ending by a hyphen are not allowed. Your “SMD” fle for verifcation. For requests made in preregistration, if the domain name You have 5.2 Allocation rules preregistered is a “premium” domain name, Your request will be put in “error” and You will be notifed by email. Then, You will be able to Domain names are allocated under the “frst come frst served” either pay the additional costs applicable to “premium” domain basis. names in order to validate Your registration request or cancel Your request. It being specifed that if You do not contact Our customer When a domain name is allocated to You in Sunrise period, the third service department and do not pay the additional costs applicable parties that are the owners of an identical mark registered within to “premium” domain names, Your registration request will not be TMCH are notifed of Your registration. sent to the Registry. 5.3 Dispute resolution Section .ICU.8. Registration term Any dispute relative to the validation of Your trademark with TMCH must be submitted in accordance with the dispute resolution The registration term is 1 year for requests made during the Sunrise procedure established by TMCH: period, and from 1 to 10 years for requests made during the general http://www.trademark-clearinghouse.com/dispute opening. To avoid any deactivation of the domain name, the renewal must be paid and funds cleared before the Expiration date. Any dispute arising from the allocation of a domain name during the Sunrise period must be submitted in accordance with the dispute Section .ICU.9. Pricing resolution procedure established by the Registry that You agree fully abide by: Our prices may be viewed at: https://nic.icu/sdrp https://www.gandi.net/domain/price/detail/realty

5.4. Refund Conditions You expressly agree that registration and renewal fees are variable and may be diferent depending the domain name, this includes but If Your registration request is reeected by the Registry, You may is not limited to “premium” domain names. receive a refund provided that the Registry proceed to the refund. “Premium” domain names are subeect to specifc pricing as Section .ICU.6. "Trademark Claim Notice" indicated on Our interface during Your order.

In accordance with ICANN rules, during at least 90 days upon Section .ICU.10. Storage of contact information general opening, a “Trademark Claim Notice” period will run. In application of ICANN contracts, all personal and technical During this period if the domain name for which You requested information associated with the registration of Your domain name is registration is identical to a trademark that is registered and recorded and made available to ICANN and IRON MOUNTAIN validated with TMCH (according to the “labels” generated), You will (ICANN's designated Registrar Data Escrow agent), in addition to receive a warning notice (“Trademark Claim Notice”) in real time on messages pertaining to each registration or modifcation, during the Our interface informing You that a third party has rights to the entire duration of the registration of the domain name, plus the two domain name You requested. following years.

You must confrm or cancel Your registration request, with full You consent to the use, copying, distribution, publication in knowledge of the notice and its consequences. It being specifed particular in the public Whois database, modifcation and other that if You do not confrm the notice, Your request will not be sent to processing of Your personal contact information by the Registry and the Registry. CentralNic and their designees and agents in accordance with the Registry privacy policy (9. Protection of personal data). You consent If You confrm Your registration request, third parties who own an to the sending of Your personal date to DENIC the Registry’s identical mark are notifed of Your registration. escrow service provider.

For requests made in preregistration, beginning one day prior to the Section .ICU.11. Dispute resolution policy opening of the period concerned, Gandi will notify You by email of the “Trademark Claim Notice” and Your registration request will be The Registry has adopted the ICANN dispute resolution procedures put in “error” until You confrm or cancel Your registration via Our UDRP (Uniform Dispute Resolution Policy) and URS (Uniform interface. It being specifed that, in accordance with ICANN rules, if Rapid Suspension System) for .ICU domains, that You agree fully You do not confrm the notice, Gandi will not send Your registration abide by. request to the Registry upon the opening of the concerned period and cannot, in any case, be held liable for the non-registration of You may view general documentation on the UDRP procedure at Your domain name and particularly if the domain name is registered the following addresses: by a third party who has validated the “Trademark Claim Notice” • ICANN domain name dispute resolution policies: upon the opening of the period concerned. http://www.icann.org/udrp • explanations: It is Your sole and entire responsibility to confrm, if You want, all the http://www.icann.org/en/udrp/udrp.htm notices received before the opening of the concerned period and the • Policy: sending of Your request to the Registry. http://www.icann.org/en/dndr/udrp/policy.htm • Rules: Section .ICU.7. Reserved names and premium names http://www.icann.org/dndr/udrp/uniform-rules.htm • Dispute Resolution Service Providers: Some words are reserved or prohibited, in particular: http://www.icann.org/en/dndr/udrp/approved-providers.htm

• agreement between ICANN and the Registry (specifcation 5. The URS rules are available at the following page: schedule of reserved names): http://newgtlds.icann.org/en/applicants/urs

2/3 Section .ICU.12. Transfer (change of Registrar) You agree that if You use Your domain name to collect and or maintain sensitive health and fnancial data, You must comply with The transfer-in process may be initiated on Our Interface. Before applicable laws on the provision of such services and including requesting the transfer of the domain, please make sure You have security measures applicable to that sector. the domain's authorization code (supplied by Your current Registrar), and that Your domain name: In any case, You acknowledge and agree that distributing malware, • does not have a TransferProhibited status, abusively operating botnets, phishing, piracy, trademark or • does not expire soon (We recommend that You start the transfer copyright infringement, fraudulent or deceptive practices, request at least one month prior to its Expiration), counterfeiting or otherwise engaging in activity contrary to • was created at least 60 days prior to the request, applicable law are expressly prohibited. Failing to comply with this • has not been transferred within the last 60 days. provision, You expose Yourself to the suspension of Your domain name, in addition to the prosecution for the preeudice caused to third The transfer's completion requires Your confrmation (by e-mail). parties and to the penalties mentioned under applicable law.

Upon successfully transferring a domain, the registration period is You commit Yourself to indemnify, defend and hold harmless the extended by one year. Registry, CentralNic and their subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and Section .ICU.13. Ownership change against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out The ownership change process is available on Our Interface and of or relating in any way to the registration of Your domain name. requires the confrmation of both parties (current and future owner) This indemnifcation obligation shall survive the termination of the by e-mail. present contract, whatever may be the cause.

The owner change of a domain name does not change the domain's Section .ICU.16. Exclusion of liability and a ctions of the expiration date. Registry

Section .ICU.14. Deletion process You acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any Upon the Expiration of the domain, We suspend (Hold) the domain name on Registry lock, hold or similar status, that it deems domain name for 45 days, during which time all associated necessary, in its discretion: technical services are deactivated. Late renewal at normal price is possible during this period. • to protect the integrity and stability of the Registry and the domain names system, Then the domain goes into Redemption Period for an additional 30 • to comply with applicable laws, regulations, policies, government days, and all associated technical services are deactivated. It can rules or requirements, request of law enforcement or in only be restored during this period in accordance with the pricing accordance with an order or decision by a competent court or and conditions published on Our website and/or as communicated administrative authority, or any dispute resolution service provider by Our customer service department. the Registry and ICANN may retain to oversee the arbitration and mediation of disputes, If the domain is neither renewed nor restored within these • to avoid any civil or criminal liability on the part of the Registry and deadlines, the Registry shall place the domain on “Pending Delete” CentralNic, as well as their affiliates, subsidiaries, officers, status for several days, and then delete the domain name, which will directors and employees, become available for registration on a “frst-come frst-served” • in application of the present contract and the rules established by basis. the Registry, • to correct mistakes made by the Registry or any Registrar in Section .ICU.15. Registrant representations and guarantees connection to the registration of a domain name.

You agree to provide and maintain accurate, reliable and up-to-date The Registry also reserves the right to place Your domain name in personal contact information. Failing to do so, the Registry may « lock » status, « hold » status or similar status during resolution of a delete Your domain name. dispute.

You agree to comply with all applicable laws including those that You acknowledge that the Registry has no liability of any kind for relate to privacy, data collection, consumer protection (including in any loss or liability resulting from the proceedings and processes relation to misleading and deceptive conduct) and applicable relating to launch periods, including, without limitation: consumer laws in respect of fair lending, debt collection, organic farming, disclosure of data and fnancial regulations. • the ability or inability of a person to obtain a domain name during the launch periods, • the results of any dispute over a Sunrise registration.

- end of annex .ICU -

3/3