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Bloopers and other ‘moments’ taken from sessions. These are the non-posed for slip-ups and moments I’d rather not show you, but for the sheer humor, here they are:
Bigfoot has been spotted!
And how does that make you feel?
Ooh la la. That's one big errr... gun you have there, mister!
I'm a little shy.
Recounting the steps to where I am today, with my .XXX domain. ICM has dragged me along, and continues to do so with all of the performers, still waiting to purchase our .xxx extensions. It looks like each time I take a step closer, they take a step back. Recounting my steps, from the beginning of this whole mess.
Rewind to august.
There was an article online, announcing the launch of .XXX, displaying a billboard of iFriends (with the .XXX extension) at Times Square.
Curiously, I wanted to know if anyone had pre-registered my handle (amanda36c.xxx). Lo and behold – it was indeed “reserved by ICM Registry”. I immediately contacted them to inquire about who had it reserved. Since I am the owner of the .com and figure a grandfathering rule should apply, therefore granting me proprietary rights to obtain this .XXX domain over anyone else, including the owner of amanda36c.net (who just happens to be the aforementioned company, with the billboard).
ICM Registry said I can purchase it under the Sunrise program. Since I owned the .com, this would mean I qualify to register under the Sunrise A plan. I jumped for joy and applied. Waited … waited … waited … 2 whole days passed and still no reply. They seemed all rushy rushy to get this out, which left me wondering what was taking so long for them to get back to me. So, I did what any impatient but sane person would do; I asked.
(note: tweets are displayed in ascending order, so read from bottom to top):
I attempted to apply under Sunrise A but was blocked (never given the choice to enter under Sunrise A). This is when I first heard the term “Performers Program”. I asked about who tried to reserve amanda36c.xxx prior to myself. Look at their answer:
Receiveda reply via e-mail from ICM.
So, I’m now shoved into this Talent Program. They start with “You will be pleased to know…” — I will be pleased to know that I have just been granted the right to have no rights? Lucky me! So let’s see. I wanted to register amanda36c.xxx under the Sunrise A program, which would entitle me to own this .xxx domain, as well as have the right to demand to know who tried to obtain amanda36c.xxx under any other application. Now, with this special program, those rights have been snatched from right under me, with no prior warning or even a choice to still purchase it under Sunrise A.
Yes, lucky me indeed!
Shortly after, a change of name for this supposed program (at this point, I’m wondering when they’re going to just come out and announce that this whole thing was just a big ugly joke, so we can all breathe a sigh of relief and move on with our lives). Performers Program was to be the new name.
I checked the Whois report to see if anything had changed, as far as ownership and it did. What it said before was “Reserved by ICM Registry” with little information below, with no ownership details below.
Fast-forward to today >>> Not only are there details galore about the owner (ICM) of amanda36c.xxx , but it is now held by ”Registrant Name:ICM Registry Performer Escrow Account”. http://whois.domaintools.com/amanda36c.xxx Nowhere in their TOS, Registry/Registrant Agreement, does it state that this account will be turned over to me once purchased, giving me full ownership. Well heck, at least I know it’s in their safe hands. I mean, I can trust them, right?
To recap: on the 13th of september, ICM claimed they would be “announcing details shortly” on the program (just insert current change of name here). Had I joked about it not happening until Christmas, I would have underestimated them. Good thing I didn’t do that. Wouldn’t want to look dumb here, would I?
I asked them again on november 22nd. They tweeted back to me:
I patiently waited.
Waited.
Waited.
My patience does wear thin, eventually. I’d like to call this ‘normal’.
I asked again, 8 days later.
They never replied.
I asked again, on dec 7th, when the details of thie Performers Program will be released. They never replied to that question.
I went at them a little more, on their TOS, which has me worried, and asked them on dec 16th, another question, this time, concerning ownership of my .xxx domain:
They replied, with a url to the updated version of their TOS. The wording exactly (as seen here in paragraph 2 – if it hasn’t changed again): http://t.co/5Fgk05fZ
In their own words: “In the interest of clarity, this TOS does not apply to any content or Personal Information you post on .XXX sites that are not owned by ICM. ICM does not obtain any rights to your content or Personal Information if you post content or provide your Personal Information on a .XXX site that is not owned by ICM.”
This is clearly a play on words by ICM.
Back to the ogirinal topic (and my main concern): On dec 18th, I wrote:
Their reply was:
Again, ambiguous and not answering directly.
Again, with their brush-off tactic:
On the 21st of december:
It is now the 23rd of december. I sure hope this will all be “announced shortly”.
Everything with this company is rushed out. Bang bang bang, buy it! Get your .XXX now! Boasting a mobile home with XXX and a select few company names on it, along with boats, bikini-clad women partying like it’s 1999 and people who appear to be living like they’re Donald Trump, pre-registration! Ahhh, the good life!
Mother asks child: “Did you clean up your room?”. Child answers “I was in my room all morning.”. – Did the child answer the question correctly?
ICM has attempted to make a convincing case that have the support of the adult entertainment industry to go ahead with their ridiculous pricing and policies attached to their .XXX venture. I see this very differently. From a performer’s standpoint, there is a huge risk involved and the proof is right there bin the wording of their contract. Both in the Registry/Registrant Agreement, as well as the TOS; applicable to us.
Take my poll and voice your opinion! If you want your vote to count, you must post the site you currently work on and your handle. There is a lot of bullshit and games going on, so I’m taking the necessary steps to validate you are, in fact, a host and not ICM again, with their games where they use alts in their efforts to snow everyone. The only votes that I will count are those who validate.
With everything you know about this company, are you willing to put that all aside on a gamble, to be a pawn in this high-stakes game of chess, where the only players left standing in the end are the king and queen?
All biases aside, are you for or against .XXX?
Stuart Lawley , the owner of ICM Registry, was quoted as saying: ““ICM Registry has raised the bar on responsible registry operations and we intend to maintain the highest standards.”. Exactly how high (or…should I say “low”) is that bar then, Mr. Lawley?
In ‘edit’ mode of any WordPress blog, the ip of the computer posting comments to the blog is displayed but only to the blog owner (myself, in this case). People commenting have no idea their ip is seen by me, unless they are a blog owner themself and even care enough to bother checking IPs.
ICM Registry (verified Twitter account: @dotXXX) posted two responses to my blog under Dot XXX. I later asked them to veirfy it was them and they did, on Twitter:
Dot XXX later decided to pose as a random guest with the name “D Man” (I know this because the ip # of both “Dot XXX” and “D Man” are exactly the same). They, under this “D Man” alias, went on to cleverly defend ICM at every turn, being certain to add, at least once per posting, a slight comment to distance themself, so as not to seem too supportive of Dot XXX. They added: “not sure I support .XXX…”, then they got back on the same path of defending its policies, their TOS and presenting little-known facts that not everyone would know, such as information about ICM’s Founder’s Program. This was just a day after Dot XXX posted, under the exact same ip.
Read the blog entry and the comments by Dot XXX and Dot XXX when they posed as D Man http://amanda36c.wordpress.com/2011/12/12/no-straight-answers-from-icm-registry-dotxxx/
I’m not sure if posting a screenshot of their ip constitutes “divulging personal third party information”, so, until I can get some sort of clarity on that, I’ll have to refrain from doing so but WordPress does have their ip recorded and displayed to me beside their comments in ‘edit’ mode.
As far as I’m concerned, the fact that they can’t answer a question with a simple “yes” or “no”, coupled with the fact that I caught them in an outright lie, tells me a lot about this company, its integrity and what I can expect in the future from any dealings with them.
The fact that they can’t figure out how to use a proxy to hide their IP address when they are trying to be sneaky seems to be a pretty clear indication that they do not know enough about how the web works to actually successfully enforce any of their so-called “best practices” policies.
Straight up money grab. I don’t mind people making money, but it should be earned, not stolen from those who earned it.
That’s right. My guess is they didn’t know that WordPress displays IPs of those commenting, to the blog owner. 
Stay vigilant, Amanda. These cats won’t ever change. They’ve been lying to the industry for over 10 years, but they’re getting even more dangerous as they become more able to fund their invasion with the use of other people’s money. They’ve gained a foothold in an industry they mean to strip mine, but they still need to herd more people into their ghetto. I know a lot of people think using that term is hyperbole, but the invasion and ghetto metaphors are simply the most apt considering the methods and models these miscreants employ. Glad to see you so adept at revealing their pathetic attempts to treat you like a fool.
Thanks, Tom. I know exactly what you mean. There’s so many loose ends here and some pretty big answers within the members sitting right there on the IFFOR.
Interesting connections ICM have. I’d love to know how they obtained the green light to go ahead with this in the first place. Apparently, this has been in the works (and denied) for quite some time.
I should have guessed that the D-Man was ICM Registry. He/They kept trying to discredit anything that I pointed out which seemed odd and questionable about ICM Registry. You have to wonder what else he said was a lie!
This has to be a very scary time for all the people who have purchased DOTXXX domains knowing that ICM Registry would stoop this low to convince an adult performer, that the TOS on ICM Registry’s website doesn’t apply to the Registry/registrant agreement. It has to leave people now questioning everything that they have stated in past. Did ICM Registry lie in their application to ICANN and the appeal to gain the right to sell the DOTXXX domains? Have they made false statements concerning the number of people who have purchased the DOTXXX? Was there really cyber-squatters who they needed to suspended to protect the mainstream domain names like ICM registry claimed? Are all of ICM Registry’s public news releases lies to provoke people to rush into buying the DOTXXX domains without carefully reading all the documents? When a company who is placed in a powerful position like ICM Registry is found to have a breach of integrity or found to be deceitful then it is only natural that people will lose any trust in them and question everything they say or do!
Dotxxx is not just another TLD. It’s a TLD with rules and regulations. Rules and regulations all DOTXXX domain owners have to abide by. Rules and regulations that are created by IFFOR and ICM which they are in-charge to enforce “at our sole discretion…” and the total power to change the rules as they see fit.
THIS IS NOW A VERY SCARY THOUGHT!
People need to start asking a lot of questions about ICM Registry and all of its associations (Founder’s program). The adult performers have to wonder and question the ICM Registry’s Adult Performers Program which was so important but has not yet been given any time, dates or rules/information? There should be a full investigation into all of their business to see what else could be going on and if they should be allowed to continue selling the DOTXXX domains. Authorities should move immediately to protect all the peoples monies who have already purchased their DOTXXX domains from ICM Registry before it is too late.
Thank you, Amanda for asking questions which other people failed to ask and your persistence to get ICM Registry to answer. You have exposed them and have now shone a very bright light on all their business practises. Lets hope everybody can now see the truth!
Mr Ness, you are a wealth of information! Thanks for all your help. I’ve checked into a few of your theories and what I was able to find, was indeed accurate. I’ll admit, I was hesitant and thought you were just looking to exact revenge on this company, after reading your Ripoffreport complaints, but with some extensive Googling, there it all was – at my fingertips. If I may, how did you ever find the connection between Webpower, Inc. and ICM?
ICM Registry and its IFFOR announced that Stuart Lawley would step down as Chairman and would be replaced on the board by others. In the announcement was the name, Sheri Falco as the ICM’s general counsel and ICM registry’s representative on the IFFOR board.
I had come across Falco’s name when investigating Webpower Inc/Ifriends and immediately recognized her name. I noticed that there was no mention by ICM Registry about her working previously for Webpower Inc/Ifriends, why all the secrecy? I went back to my notes concerning the trademarks filed for Webpower Inc/Ifriends and they had shown Sheri Falco as the Assoc. general counsel on their filings in the USPTO and the same address as Andrew H Kayton’s office as the General Counsel for Webpower Inc/Ifriends.
Why are they all operating out of the same area of Florida? Something “special” about its laws?
Wow! This is interesting, the link between WebPower and XXX domains.
A year or more ago my tech savvy boyfriend popped into my office to taunt me with, “Guess who the first XXX domain has gone to?” Surprise, surprised, the webcam site I have little goodwill toward – iFriends! Now, thanks to ElliotNess29 I understand why.
I don’t have the exact info my BF found, but he said he found it on the adult industry marketing site, yNot.com After Googling it I found this:
Hi Joy,
Yes, Ness is quite the wealth of information. He kept insisting there was some sort of connection between ICM and iFriends, which, at first I thought was paranoia and nothing more. Until he pointed out the lawyers on the IFFOR. Well, it’s no surprise that ICM promoted iFriends. Things really started to make sense, looking into it deeper, with that in mind. My boyfriend advised me to listen to what Ness had to say. He, too, thinks that there’s more of a connection and wants me to be leery of that TOS. There is something terribly wrong with the way their policies are stated, where they’re placed and how they can attach themselves to other policies and change at any time, without notice to us. Extremelt ambiguous and very much unlike the examples ICM has stated (when they used their alias, D Man) with the Yahoo TOS. I’ve proven my point though and hope that people read (really read) what they’re signing/agreeing to before they ink the deal. I can’t believe that people actually agree to those terms! If those policies are even legal!
ICMRegistry has been using these type of tactics for a very long time.
In 2010, When ICANN asked for comments on the then proposed .xxx tld (http://forum.icann.org/lists/xxx-revised-icm-agreement/ ), approximately 50% of all emails sent to ICANN originated from ICMRegistry’s own servers.
On Twitter, the majority of pro .xxx tweets come from ICMRegistry’s own accounts, from the marketing company they hired and from hundreds of bot accounts and from people that sell retweets on fiverr.
Why anyone would still trust a company like that is beyond me.
I guess then this is no news to anyone. Still, what does that say about ICM and their integrity?
explicit NSFW screenshot: http://www.eroticaplexus.net/images/desiscreen.jpg
Over a month ago it was pointed out by me to IFFOR that web sites running on .xxx were already in violation of their so-called “best practices” – the web site in above screen shot has explicit hardcore images in the advertising and does not use any kind of labeling system to identify itself as adult content.
That site still does not label itself (as the vast majority of .com adult sites do) – I did not see any hardcore ads last time I checked (lots of viagra adds though, as if there weren’t enough of those in my inbox)
Clearly IFFOR and ICM has no interest in actually enforcing what they say they wish to enforce, because violations of their alleged policy have been pointed out and still are not fixed. If they can’t keep a handle on things now when there are only a small number of live .xxx sites, then clearly they will not be able to keep a handle on things down the road.
Their claims about enforcing so-called “best practices” are clearly empty words intended only to fool those foolish enough to take what they say at face value. They obviously do not care about best practices, they want the registration money and once they have that, they don’t want to spend a dime of it on any kind of policy enforcement. I hate to use crude language, but they really just don’t give a shit what people do with the domains.
All talk no action.
The explicit ads are still in their rotation, it just took a few page reloads to get them.
I think it’s more than that; from the wording in their TOS and Registry/Registrant Agreement, it sounds like they own our content and can use it “royalty-free”. I’d like to have a lawyer (a neutral one) to come in here and confirm what ICM Registry can and can’t do, according to that contract, and also, explain how on earth that TOS does not apply to us, the performers? If you go to Whois and search for amanda36c.xxx you will see it is owned by ICM Registry under the Rgistrant name of: “ICM Registry Performer Escrow Account”. Nowhere does it say this will change to my name once I purchase (and after agreeing to the TOS and the Registry/Registrant Agreement). I’m supposed to take them at their word and ‘trust’ them. After having signed and paid for my dot XXX site (which, I’m not even sure is *mine*).
Straight answers to simple questions are impossible to get with these guys.
They won’t give you a straight answer because they don’t want to go on the public record about a potential legal issue. The way I understand it, you only give up your rights if you post it to a web site they specifically own, but even that is too much. They talk about starting a program for performers but then ask those performers to give up their rights? How the smurf is that really in the best interest of the performers?
They want to use the performers for their own financial gain with no compensation to the performers, and that is rather disgusting. If I was a performer, I wouldn’t want anything to do with them. Of course they should pay royalties on anything they re-use, that’s how things are suppose to work in a fair and honest business arrangement, are they not?
Amanda,
Here is the proof that the ICM Registry’s TOS ABSOLUTELY will apply to the registry/registrant agreement when you purchase your adult performer DOTXXX. Check WHOIS Amanda36C.XXX and Check StormyDaniels.XXX to see the differences. They will have completely control of all of the Adult performers content once you enter their program under that TOS. ICM Registry has supposedly purchased and now owns all the DOTXXX domains reserved by any Adult performer who filled out the form on their site. ICM Registry has set up a ICM Registry Performers Escrow account to which the adult performers will have their sites (reserved) and hosted on ICM Registry servers. Here’s the kicker, ICM Registry have contracts with Stormy Daniels and Nina Mercedes as spoke models for the DOTXXX and the Adult performers program but both Daniels and Mercedes own their DOTXXX domains under their companies which owned their DOTCOMs. These two performers are exempt from the adult performers program, so far they are the only ones that I can find. ICM registry stated over two month ago, that the adult performers are important to the industry and deserve a special program for them. Oh, it’s special alright!
ICM Registry have absolutely no integrity and needs to stopped immediately by Federal authorities. Don’t join their adult performers program or buy your DOTXXX from them. The adult performers and others need to push for a full investigation in to ICM Registry immediately.
You haven’t seen anything yet – take a look at this list of domain names ICM has kept for themselves and plan on using in the future to monopolize the adult space.
Interesting, but not surprising. I worked for iFriends/Webpower for 10 years. Their general counsel, Andrew Kayton, sits on the IFFOR. So does Sheri Falco, who once worked for Webpower, too. I left iFriends/Webpower over a financial dispute back in 2009. Still, to this day, unsettled.
I went to the ICMRegistry website to view their policies and terms. Below are screenshots of the steps I took which brought me to their TOS (Terms Of Service) page:
On their hompage (http://www.icmregistry.com), I clicked on the link on the very bottom of the page (often where the legal links can be found) and clicked on Policies & Legal Agreements, as shown below:
It lead me to this page, categorizing all of their policies and below that, legal agreements.
I clicked on Website Terms Of Service:
It brought me to this page, which states their terms. I screenshotted the important part (which I also highlighted) and the paragraph following that one, to show which part has me most concerned.
As a performer, this is not something, if I’m understanding it correctly, that I would want to sign. Does this mean they have the legal right to sell our content, or am I completely reading this wrong? Their so-called “ICM owned sites” wouldn’t apply to my .XXX domain? Correct? Well, then why did they keep beating around the bush on that question I repeatedly asked?
Here’s the conversation I had with them on Twitter on december 8th, 2011
Finally, an answer, but it came from Directnic (the domain sellers), not from ICMRegistry!
I have a major problem with this TOS if it grants them permission, as the wording so loosely implies, to copy and use my content. If this is just legal hogwash, standard ole mumbo jumbo, then what worries me is .. it sure as hell looks like something that would hold up in court in a dispute over intellectual property rights if I were to attempt to sue for breach of contract, theft, etc. I’m no lawyer, so I can’t really dissect this and make absolute legal sense of it.
What’s your opinion/professional advice on this? What can they do with our content, legally and get away with, at absolute worst, according to this contract? Some legal advice would be great. The TOS I’m referring to can be found right here http://icmregistry.com/policies/terms-of-service/
Amanda,
We have attempted to explain this to you very directly and with straight answers; as well as asked you via direct message to email us or legal@icmregistry.com with questions.
You are confusing the WEBSITE Terms of Service with the REGISTRY-REGISTRANT Agreement which is located here: http://icmregistry.com/policies/registry-registrant-agreement/ which apply to websites built and developed on a .XXX domain name. The WEBSITE Terms of Service apply to our website and any content submitted there. So by example, if you submitted a question or comment to the site we have the right to publish that question to the general public in something like our Frequently Asked Questions support area.
DirectNIC answered the exact same way; referring to the Registry-Registrant Agreement.
If you have further questions or have other concerns please let us know and we will try and assist you.
Thank you.
Dear ICM,
I’m impressed with the promptness of your team’s reply with regards to this. I hadn’t even announced this blog entry prior to the time of your reply to it. In fact, I was going to wait to post it this afternoon. In any case, allow me to stress a few key points.
I am not confused. I am clearly capable of differentiating between your Registry/Registrant Agreement and your Website Terms Of Service (TOS). I was getting nowhere with my questions to you about the TOS, so I never got as far as to pursue the Registry/Registrant Agreement, but I did want to know why the TOS exists on a page that it doesn’t apply to and even after an inquiry into this, still remains unclear as to why it’s there.
You told me to contact your legal department with my questions. Why? If you could just answer a few simple questions, there would be no need to sick me on your lawyers. All I wanted to know was why that TOS looked like it applied to me, as a potential buyer of a dot XXX site. Why wouldn’t it apply to me? After all, the link to it falls under the Policies page, which also holds the link to our Registry/Registrant Agreement, that we are bound by. Why wouldn’t I think that the TOS apllied to me, as well, considering where you have placed it? That TOS is something I would never agree to, the way it is written, so this is a major concern for me.
Why I won’t contact your lawyers is simple. There are two of them sitting on the IFFOR that used to work for iFriends/Webpower. Sheri Falco was the Assistant General Counsel for iFriends (Webpower Inc.) and is now on the IFFOR, creating policies for ICM and who also happens to be the General Counsel for ICM. Andrew Kayton, who is currently iFriends (Webpower Inc.)’s General Counsel is also a member of the IFFOR.
My problem with this is that I worked on iFriends/Webpower as a performer for 10 years and left over a revenue dispute, after discovering discrepancies all over the reports. The more I asked, the more elusive iFriends became. It got to the point where they, just like you, decided to send me off to the lawyers – those very same lawyers! Small world, huh?
So, basically, with all the trouble I had with iFriends/Webpower, you expect me to trust anything your lawyers have to say, knowing full well who they are? Kayton represents a company that has 423 reports filed against them on this one site, Ripoffreport.com http://www.ripoffreport.com/Search/ifriends.aspx along with plenty of others from smaller-known scam/fraud reporting websites. You’ll have to excuse my absence of trust in your General Counsel, but I have no reason to believe any of you. I believe what I see. Why is the TOS even there, on the dot XXX information pages if it doesn’t apply to them?
Amanda (amanda36c)
Visit http://iffor.org/policies.html . IFFOR makes the rules that apply to all dotxxx domains.
IFFOR requires dotxxx owners to allow them to scan their site for signs that the dotxxx site owner violated the IFFOR policies.
If you prevent them from scanning your site (like when a part of your site is a member area that is password protected), you risk loosing your dotxxx domain.
It gets worse. IFFOR can change those policies. Who’s to say they won’t change the rules in favor of ICMregistry? What if ICMregistry decides they want to make more money and uses IFFOR to ban CCBILL from dotxxx sites in favor of the ICMregistrys own credit card processing system?
Amanda,
Content submitted directly to the ICMRegistry.com website, like support questions, is specifically what is being addressed in the WEBSITE Terms of Service. The Registry-Registrant Agreement is applicable to .XXX domains you register and operate. You would not, nor could you, submit your website or it’s content to ICMRegistry.com, therefore the website Terms of Service you are concerned about would not apply to that content or website.
Hopefully this is becoming clearer.
Thanks.
What is your name? I’d like to know who I am corresponding with, before I continue.
I am not a lawyer nor do I claim to be one. I find this TOS to be very vague in nature compared with other sites who are used for information only purposes. This TOS fails to name exactly what sites (ie. http://www.icmregistry.com) it actually applies to. It is noteworthy to inform all those who are going to purchase or have purchased a DOTXXX domain that there was no TOS on the ICM Registry website during the Founders Program in February 2011. This TOS only appears on ICM Registry’s site in July 2011 with the privacy policy and there was no other legal agreements at that time. I have starred * the wording that is odd in nature to this TOS:
These Terms of Service (“TOS”), which govern your use of the web sites operated by ICM Registry LLC (“ICM” or the “Registry”) and *any associated functionality*, along with any supplemental terms provided to you in connection with specific website features (collectively, “ICM Sites”) *offered*, owned, or operated by ICM Registry LLC is a contract between you and ICM, and its parents, successors, subsidiaries, and affiliates. By using ICM Sites you are agreeing to be bound by and comply with this TOS and the ICM Privacy Policy that is incorporated by reference in this TOS.
I can see why people would be confused when reading this TOS which is situated right under the Registry/Registrant agreement not off with the privacy policy as it looks like it pertains to this agreement. One would expect it to apply with the registry/registrant agreement as ICM Registry will be providing services such as piracy protection, virus, malware scanning and verification of 18+ payment process to the DOTXXX domains as per policies set by the IFFOR. This TOS is very all-encompassing for just an information Q & A site and items that would be put in their FAQ. I starred * the parts that seem to be overboard and I have not yet found any other sites with this clause in their TOSs:
You are responsible for any content you post to ICM Sites, including, without limitation, any personal information contained in your posts, and for any harm resulting from such posting.
Except as otherwise provided in this TOS, you or the owner of any content that you post to ICM Sites retain ownership of all rights, title, and interests in that content.
However, by posting content on a Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, *reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution*. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
This part of the TOS I have not yet found anywhere in other general websites that I have checked:
*When you use a Site feature that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.*
The above parts of the ICM Registry’s TOS should be very worrisome to any DOTXXX domain purchaser as the ICM can change anything regarding DOTXXX agreements and this TOS at their discretion.This next part of the TOS makes me believe that it does in fact apply or could be applied at a future date by ICM Regisrty to the Registry/registrant agreement. Again, I am not a lawyer. I have starred* the parts that lead me to this conclusion.
General Legal Terms
This TOS along with any supplemental terms or policies posted on the Sites constitutes the whole legal agreement between you and ICM regarding your use of ICM Sites. *This TOS does not replace, modify, or limit in any way any contract or agreement between you and ICM with respect to reservation or registration of a Domain Name in the .XXX TLD or your status as a member of the Sponsored Community for the .XXX TLD, including, without limitation, the Registry/Registrant Agreement.*
We may modify this TOS from time to time. If you do not agree to the changes, stop using ICM Sites and cancel any fee-based ICM Sites before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes.
If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
*We may assign this contract at any time without notice to you*.You may not assign this contact to anyone else.
Amanda has clearly pointed out the association between ICM Registry and Webpower Inc./Ifriends/Clickcash as well as the lawyers involved with both companies. Webpower/Ifriends has the most complaints (423 complaints on Ripoff report alone and growing) from Customers, Affiliates and performers than any other Adult Webcam site. It is also noteworthy that Webpower Inc/Ifriends was also part of the Founders Program when its registration end in February 2011 and no TOS was present on the ICM Registry site at that time. The fact that ICM Registry has put this company, Webpower/Ifriends out as their first Adult website to the public should have all companies or performers or webmasters questioning the integrity and due dilligence of the ICM Registry.
ICM Registry is in complete control of the DOTXXX domains, the agreement, the TOS, and the IFFOR so who is going to stop them from making any changes to the rules at their discretion which has been granted by the purchasers of the .XXX domains? Something just isn’t right with the show being put on by the ICM Registry. Just my opinion but if you dress up a pig, put make-up on it and a wig, it is still really just a pig!
Yep pretty clearly you’re not a lawyer; or even have a clue what you’re talking about. It took me all of 5 seconds to find nearly the exact same wording on Yahoo’s Terms of Service here: http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html
Pointing out when they applied a TOS to their website is completely irrelevant; nor is any information about iFriends or anyone who works or worked for them. You’re not even right casting.xxx was the first site announced by .xxx… I know you’re just trying to talk to girls but bother to do some research.
Amanda there’s nothing wrong with that TOS; it’s for their websites. They’ve registered 1,000′s of domain names do you really think they’re after your content? It simply doesn’t make sense. There’s nothing wrong with asking the question — but you’ve asked and they answered directly and quickly. Not sure I support .XXX but they’re not avoiding your questions.
Hey D-man,
I repeatedly stated I wasn’t a lawyer. You clearly aren’t one either nor do you have a clue about what you are trying to say. If it took you all of 5 seconds to find “nearly the exact” same wording on Yahoo’s TOS then I would suggest you take a lot more time and really read Yahoo’s TOS properly because it isn’t even close to exactly the same thing as ICM Registry’s TOS. You might want to read my post a little more carefully for a second time so you can see the glaring differences between the two TOSs. Try looking very carefully and slowly so as not to miss anything in Yahoo’s TOS but you can’t find the words “*We may assign this contract at any time without notice to you*. anywhere. A very strange statement for a TOS that isn’t supposed to apply to the registry/registrant agreement.
The fact that there was no TOS to be found when ICM Registry was taking Founders Program registrations but shows up just in time for the big mass sale pitch is clearly relevant. How exactly is the information about Webpower Inc./Ifriends lawyers being all in important positions to control what happens within the DOTXXX domains not relevant? Sure looks like Webpower Inc. has stacked the deck in their favor. I stand corrected about Webpower/Ifriends being the first announced by ICM Registry but I don’t remember a very big press release concerning casting.xxx nor did they get a billboard advertisement in Times Square either. You might want to read and think carefully before you speak so quickly.
I haven’t seen you present any law credentials so what do you really know concern the legalities of this registry/registrant agareement and their TOS? There is no real proof that it is only for their website as I stated before it contains a very suspicious clause. They have registered 1000′s of domains and will probably register a lot more by the time ICM Registry is done. It is not just Amanda’s content they would be able to use but everyone who has a DOTXXX domain. Wow, it clearly is a huge money grab for the DOTXXX domains sales but an even bigger grab if ICM Registry and all it attachments can benefit from everyone’s total content. Does that make sense to you now?
This question is important and they answered quickly also just a little too quickly while trying to get Amanda to talk quietly off Twitter and with their legal dept. What was ICM Registry really trying hard to hide from all her followers and other adult performers that she knows. If ICM registry hadn’t avoided her questions like you say then why is it that she needed to write this blog and others like myself don’t see them answering anything? ICM Registry and DOT.XXX on twitter are trying to tell her, “it’s okay just trust us that the TOS doesn’t apply to the registry/registrant agreement” yet look where it has been placed! They clearly have all the control and in their own words, “at our sole discretion…” may change anything at any time without prior notice to the Domain owners, like it or not.
Please don’t insult me and be so naive to what clearly is starting to look like the old shell game and you, my friend clearly can’t even find the pea.
Hold on… ICM is bad because they answer questions directly and too fast… holy crap are you joking?
Specifically you might want to read Yahoo TOS section 9 CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO! SERVICES… it says almost exactly what ICM website does about content submitted to sites it operates. Which is the question Amanda posed… You said you couldn’t even find similar wording on any site… so clearly you didn’t do any research.
Once again the TOS on their website doesn’t apply to domains registered under .XXX – why would you even think that it would? ICM is in the business of selling domain names what would they possibly want with Amanda or anyone elses content? ICANN would never allow that either so if you’re going to talk facts — have some instead of making ridiculous claims like ICM will use your content to build their own websites.
Where would you expect them to place the Terms of Service for using their website? Again do some research there was a huge PR about casting.xxx coming out as their first site; from what I read the billboard in times square was the press release which happens all the time. All your conspiracy theories are exactly that – made up theories.
Again not sure I support or agree with .XXX; but how can you possibly fault them for responding quickly and directly? One would assume they requested Amanda to DM them to give her another means to reach them directly or ask her questions which she wouldn’t answer in a public forum, or try and answer her with more than 140 charaters. And usually if someone has questions about a legal document where would you send them — to the legal department.
Bottom line; you aren’t a lawyer, you drew conclusions from a Website Terms of Service which clearly don’t and wouldn’t apply to another website; and then made a bunch of ridiculous claims essentially saying that ICM is a puppet of iFriends… all just ridiculous.
Hold on D-Man,
Are you the one joking, that the TOS for Yahoo and ICM look “nearly, almost exactly” the same? Take off your rose colored sunglasses dude! Really, why don’t you take the time to read the whole Yahoo TOS and then read the whole ICM Registry TOS. They are absolutely different and the wording has some similarities but ICM Registry’s doesn’t have the same details and again very vague. Does Yahoo put their TOS with other policies? NO! It’s placed all by itself, localed at the bottom of their home page. ICM Registry decides to put it in with all the policies, rules for purchasing the XXX domains, IFFOR policies and right under the Registry/Registrant agreement. YOU ARE RIGHT NOT CONFUSING! I was just saying that it’s an odd, strange place to put the TOS if it is not to apply with the Registry/ Registrant agreement after all isn’t ICM Registry going to be providing services to all the .xxx sites because you have joined the sponsored community in order to own a XXX domain. I did my research very carefully.
Where in the Yahoo TOS do you see this statement or one as you like to say “nearly, almost exactly?
“This TOS does not replace, modify, or limit in any way any contract or agreement between you and ICM with respect to reservation or registration of a Domain Name in the .XXX TLD or your status as a member of the Sponsored Community for the .XXX TLD, including, without limitation, the Registry/Registrant Agreement.
We may assign this contract at any time without notice to you.”
ICM only answered parts of Amanda’s questions and didn’t seem to want the Twitter world seeing the conversation. Amanda said she wouldn’t deal with their legal department due to her conflict with the lawyers. I only agreed with her because if I wanted to hear a legal opinion or answer on something I am interested in purchasing, it wouldn’t be from their lawyers, it would be my OWN!
I am not a conspiracy theorist. Oh gosh, who would want to sell adult content on the Internet when you can make so much more money just selling the domains to people who do that? You can’t hide who owns a domain with companies like Go Daddy, Networks solutions or Moniker?
I am not going to split hairs over who was the first PR move by ICM Registry. A billboard in Times Square and Los Angeles aren’t PR moves, just standard press release stuff?
Bottom line is you and I aren’t lawyers. I never made ridiculous claims saying that ICM registry is a puppet of Webpower Inc/Ifriends. I only pointed out what has already been announced by ICM Registry and its IFFOR that the Webpower Inc./Ifriends ‘ general counsel is on the IFFOR with their past assoc. general counsel who is now the general counsel of ICM Registry. I haven’t seen representation from Casting.xxx, Corbin Fisher, or Frank Schilling on the IFFOR, have you? Dotxxx is not just another TLD. It’s a TLD with rules and regulations. Rules and regulations all dotxxx domain owners have to abide by. Rules and regulations that are created by IFFOR and ICM.
Just saying!
Mr Ness (or whoever you are), I appreciate what you’re saying but don’t want this to get out of hand. Same goes for you, D Man. You both have valid points but I’m still not convinced that ICM’s TOS does not apply to me, as the owner of amanda36c.xxx . In fact, I have every reason to believe it DOES; just look where it is on the site – filed under the heading “Legal Agreements & Notices”, it’s the link directly below “Registry/Registrar Agreement”.
I want to hear this from ICM (and ICM only!). A yes or no answer. A simple “yes” or a simple “no”. Nothing else. No twisting of words. No games. No bullshit.
This is the question I want a “YES” or “NO” answer to:
Let’s say I buy amanda36c.xxx under the Performer’s Program. Is the TOS applicable to me? I know that the Registry/Resistrant Agreement applies to me. Does the Website Terms of Service also apply to me? Yes or no?
Amanda
It does not apply. They told you it does not apply. I looked at this and uhmm clearly it does not apply. Paranoia makes great page views. Nice job!
Yes, they told me it does not apply. They told me a lot of things. That is my point. I do not believe them. Why would I, after they broke my trust? Have you read my post?
Alien,
You are a lawyer in your spare time after all your audio and Web Design business. You might want to read Amanda’s next post because you would have to be a complete idiot to believe anything that the ICM Registry says. They are supposed to be so busy launching all these new DOTXXX domains but have the time to run into one adult performers blog to be sure to persuade her that the TOS doesn’t apply to their Registry/registrant agreement. ICM Registry then decides it needs to pretend to be just another JOE to argue with me while trying to discredit any of the logic that I presented to Amanda and clearly avoid responding to any of my points with anything logical. ICM Registry never answers any of Amanda’s other straight yes or no questions on Twitter but again take the time to make a change to their TOS just to clarify it for Amanda, so they say. ODD behaviour of such a big company who wants people to trust that they are going to do all the right things under their DOTXXX domain control.
I don’t find Amanda paranoid at all but just the opposition. She isn’t naive enough to just trust ICM Registry at their word especially when their General Legal Counsel used to work for the company that she had a financial dispute with after years of working on their site. That’s just good business sense!
Amanda is just trying to get the real truth from ICM Registry which seems like an impossibility given their current track record. She has the integrity and good sense to show people the true colors of ICM registry and their underhanded tacits. She could have kept this information to herself but instead showed courage by making sure everyone in the Adult industry (performers, webmasters, and site owners) were completely informed of what she had discover about ICM Registry, no matter what the scrutiny or personnal attacks on herself.
Keep asking your questions Amanda and maybe others will open their mouths too. Sometimes it takes just one person to get many people more involved!
Name: Amanda36c
Occupation: Adult Entertainment Webcam Performer
Current Employment:
(Self-Employed) Streamate.com
April 2010 – current.
Job Description: Ensuring customer satisfaction on all levels by providing a high-quality service within a constantly evolving industry.
Reason For Seeking Employment Elsewhere: Progressive traffic flow decline/technical issues directly affecting revenue stream.
Previous Employment:
(Self-Employed) IFriends.net
April 1999 – December 2009
Job Description: Ensuring customer satisfaction on all levels by providing a high-quality service within a constantly evolving industry. Occasional paid promotional work, aside from reporting system glitches, malfunctions, bugs, etc. from within and around the platform.
Reason for leaving:
Financial dispute over earnings and discrepancies/information withheld from earnings reports.
Employment Desired:
With my extensive knowledge and experience in this industry (14 years in total), I am not looking to work for a studio or through an agent. I’d long paid my dues in this industry. While my preference would be a camhost liason/camhost, I’m open to other offers.
No studios please. No agencies either. I sign up direct to sites only.
Contact me amanda36c@gmail.com
JoyLovewell is discussing. 
ElliotNess29, and 4 others are discussing. 
Well now you had me curious so I checked my xxx domain.
Sure enough, it too looks like it’s being held just as yours is.