Last Modified : Friday, July 7, 2000 10:30 PST 2000
This Acceptable Use Policy (the "AUP") governs
the use of, and sets forth the policies of eNIC CORPORATION ("Registry")
relating to, the computer systems, hardware, servers, bandwidth, telecommunications
transport, and e-mail routing provided by Registry (together, the "Registry
Network"). Registry created the AUP to promote the integrity, security,
reliability and privacy of the Registry Network. No party may use, transmit
data through, or invite any third party to transmit data through the Registry
Network, except in strict accordance with this AUP. The AUP is not a mechanism
to resolve disputes between domain name registrants and third parties. To
the contrary, the AUP sets forth only the permissible use of the Registry
Network.
1.
Introduction.
Registry supports the free flow
of information and ideas over the Internet. Accordingly, Registry does not
actively monitor, nor does Registry exercise editorial control over, the
content of any message or web site accessible through the Registry Network.
However, Registry reserves the right to remove any materials that, in Registry's
sole discretion, are potentially illegal, constitute copyright infringement,
may subject Registry to liability, or otherwise violate the AUP. This AUP
should be read in conjunction with Registry's Registration Agreement, Dispute
Policy, and other applicable agreements or policies.
2.
Compliance With Law; Respecting
Rights.
No party shall post, transmit, re-transmit,
distribute, promote, market, or store material on or through the Registry
Network which (i) is threatening, abusive, hateful, obscene, indecent, or
defamatory; (ii) involves the exportation of software or technical information
in violation of applicable export control laws; (iii) encourages conduct
that may constitute a criminal offense; (iv) constitutes a copyright infringement;
or (v) involves the transmission, distribution, or storage of information
or data which on its face is in violation of any law or contains a virus.
3.
Electronic Mail; Spam.
Registry expressly prohibits users
of the Registry Network from engaging in the following activities:
(a)
Sending unsolicited mail messages,
including the sending of "junk mail" or other advertising material
to individuals who did not specifically request such material ("Spam").
No Person may use the Registry Network, and specifically the Registry
mail servers, for sending Spam or any other type of unsolicited bulk
mail messages. This includes, but is not limited to, bulk-mailing
of commercial advertising, informational announcements, and political
tracts. Such material may only be sent to those who have expressly
requested it. If a recipient asks to stop receiving such e-mail, then
any further sending would constitute Spam and violate this AUP.
(b)
Harassment, whether through
language, frequency, or size of messages.
(c)
Creating or forwarding "make-money
fast" type messages, "chain letters" or "pyramid schemes" of any type,
whether or not the recipient wishes to receive such messages.
(d)
Malicious e-mail, including,
but not limited to, flooding a user or site with very large or numerous
pieces of e-mail.
(e)
Unauthorized use, or forging,
of mail header information (i.e., spoofing).
Registrants shall be solely responsible for assuring compliance with this Section 3 of the AUP and shall employ such measures as may be necessary to prevent any access to the Registry Network granted hereunder from being used to allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass unsolicited, commercial advertising or solicitations to entities other than RegistrantsвЦУ customers. eNIC is responsible for administration of the name space, not for policing its content or use.
If at any time Registry receives 200 third party Spam complaints against a Registrant, Registry reserves the absolute right to charge the offending Registrant an administrative/handling fee for said complaints. Said administrative/handling fee shall be fixed at US$1,000 for the first 200 Spam complaints and US$25 for each additional Spam complaint thereafter. All administrative/handling fees shall be deemed due and payable within fifteen (15) days from the invoice date. Invoices for administrative/handling fees shall be sent to Registrant via express mail or certified mail. Furthermore, invoices for administrative/handling fees for third party Spam complaints in excess of 200 such complaints shall be accompanied by paper copies of such complaints.
Notwithstanding anything to the contrary in this Section 3, the forgoing administrative/handling fees shall be in addition to such other remedies as may be contained in this Section, the Registration Agreement or by law. eNIC reserves the absolute right, in its sole discretion, to deactivate temporarily or permanently any domain name used one or more times in violation of this AUP. Such deactivation may occur without prior written or other notice to the offending Registrant.
4.
Non-Interference With Registry
Products or Services.
No party may use the Registry Network
for actions which restrict or inhibit any Person, whether a customer of
Registry or otherwise, in its use or enjoyment of the Registry Network or
any service or product of Registry. Additionally, no party may actually
nor purportedly partner Registry's services and products without the prior
written consent of Registry.
5.
Consumer Protection.
No party may use the Registry Network
for any communications or activity which may involve deceptive marketing
practices such as the fraudulent offering of products, items, or services.
Moreover, no party may furnish false or misleading information to Registry
or any other party through the Registry Network, nor shall any party use
the Registry Network to facilitate the transmission of private or stolen
data such as credit card information (without the cardholder's consent).
Finally, any message or website accessible through the Registry Network
shall prominently contain the contact information (including e-mail address,
physical mail address, and phone number) for the Person responsible for
such message or website.
6.
Registry Network Integrity.
No party may actually, nor attempt
to, circumvent user authentication or security of any host, network or accounts,
or penetrate security measures ("hacking") on, related to, or accessed through
the Registry Network. This includes, but is not limited to, accessing data
not intended for such user, logging into a server or account which such
user is not expressly authorized to access, falsifying a username or password,
probing the security of other networks, and executing any form of network
monitoring which will intercept data not intended for such user. Further,
no party shall effect any security breach or disrupt any Internet communications
including, but not limited to, accessing data of which such user is not
an intended recipient or logging onto a server or account which such user
is not expressly authorized to access. For purposes of this section, "disruption"
includes, but is not limited to, port scans, ping floods, packet spoofing,
forged routing information, deliberate attempts to overload a service, and
attempts to "crash" a host. Finally, no party may utilize the Registry Network
in connection with the use of any program, script, command, or sending of
messages, designed to interfere with a user's terminal session, by any means,
locally or by the Internet.
7.
Non-Exclusive; Not Exhaustive.
This AUP is intended to provide
guidance as to acceptable use of the Registry Network. However, the AUP
is not exhaustive. Therefore, if you desire to use the Registry Network
for a purpose which is not expressly permitted herein, then you should first
obtain written consent by e-mail from Registry by sending a request to policy@enic.cc.
8.
Complaints.
Persons who wish to notify Registry
of abusive conduct in violation of the AUP may report the same pursuant
to Registry's Acceptable Use Policy Enforcement Procedure which is instituted
by submitting to Registry a completed Registry Acceptable Use Policy Violation
Complaint Form.
Registry may, in its sole discretion,
suspend or terminate a customer's service for violation of any of AUP at
any time and without warning. However, Registry attempts to work with customers
to cure violations and to ensure that there is no re-occurrence of the violation
prior to terminating service.
10.
Limitation of Liability.
In no event shall Registry be liable
to any user of the Registry Network, any customer, nor any third party for
any direct, indirect, special or consequential damages for actions taken
pursuant to this AUP, including, but not limited to, any lost profits, business
interruption, loss of programs or other data, or otherwise, even if Registry
was advised of the possibility of such damages.
11.
Modification; Amendment.
Registry reserves the right to modify
or re-state the AUP at any time and any such modifications or restatements
shall be deemed effective thirty (30) days after such revisions or restatements
are posted on Registry's website at http://www.nic.cc.
12.
Removal of Content; Responsibility.
At its sole discretion, Registry reserves the
right to remove content or other material from its servers posted by, or
terminate access to the Registry Network for, any Person that Registry determines
has violated this AUP. In any regard, Registry is not responsible for the
content or message of any newsgroup posting, e-mail message, or web site
regardless of whether such content or message was transmitted through the
Registry Network. Registry does not create a duty to take any action with
respect to such content or message by creating this AUP.
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