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ACCEPTABLE USE POLICY
Last Modified : October 14, 2004
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This Acceptable Use
Policy (the "AUP") governs the
use of, and sets forth the policies of Registry
relating to, the computer systems, hardware,
servers, bandwidth, telecommunications transport,
and e-mail routing provided by Registry
(together, the "Registry Network").
Registry and WEBCC created the AUP to promote
the integrity, security, reliability and
privacy of the Registry and WEBCC Network.
Registry Operator manages respective Top
Level Internet Domain (TLD) (the ".cc
TLD", ".com TLD", ".net
TLD", ".org TLD", ".biz
TLD", ".info TLD" ) as follows,
Verisign, Inc operates ".com",
".net" gTLDs offered by REGISTRAR,
and
Public Interest Registry operates ".org"
gTLD offered by REGISTRAR, and
Verisign Naming and Directory Services,
Inc operates ".cc" ccTLD offered
by REGISTRAR, and
NeuLevel, Inc operates ".biz"
gTLD,".us" ccTLD, ".tw"
ccTLD and ".cn" ccTLD offered
by REGISTRAR, and
Afilias Limited operates ".info"
gTLD offered by REGISTRAR, and
Global Name Registry, Ltd operates ".name"
gTLD offered by REGISTRAR, and
Hong Kong Domain Name Registration Company
Limited operates “.hk” ccTLD offered by
REGISTRAR
WHEREAS, Registry Operator manages and maintains
the TLD database and is responsible for
the registration of second level domain
names in the TLD.
No party may use, transmit data through,
or invite any third party to transmit data
through the Registry and Web Commerce Communications
Limited ("WEBCC") Network (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
and WEBCC Network.
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| 1 |
INTRODUCTION |
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Registry and WEBCC
supports the free flow of information
and ideas over the Internet. Accordingly,
Registry and WEBCC does not actively
monitor, nor does Registry and WEBCC
exercise editorial control over, the
content of any message or web site
accessible through the Registry and
WEBCC Network. However, Registry and
WEBCC reserves the right to remove
any materials that, in Registry and
WEBCC '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 WEBCC's Registration Agreement,
Dispute Policy, and other applicable
agreements or policies.
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| 2 |
COMPLIANCE WITH LAW;
RESPECTING RIGHTS |
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No party shall
post, transmit, re-transmit, distribute,
promote, market, or store material
on or through the Registry and WEBCC
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.
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| 3 |
ELECTRONIC
MAIL; SPAM
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Registry and WEBCC
expressly prohibits users of the Registry
and WEBCC 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 and
WEBCC 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).
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| 4 |
NON-INTERFERENCE WITH
REGISTRY AND WEBCC PRODUCTS OR SERVICES |
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No party may use the
Registry and WEBCC Network for actions
which restrict or inhibit any Person,
whether a customer of Registry and WEBCC
or otherwise, in its use or enjoyment
of the Registry and WEBCC Network or
any service or product of Registry and
WEBCC. Additionally, no party may actually
nor purportedly partner Registry and
WEBCC's services and products without
the prior written consent of Registry
and WEBCC.
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| 5 |
CONSUMER PROTECTION |
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No party may use the
Registry and WEBCC 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
and WEBCC or any other party through
the Registry and WEBCC Network, nor
shall any party use the Registry and
WEBCC 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 and
WEBCC 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.
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| 6 |
REGISTRY AND WEBCC
NETWORK INTEGRITY |
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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 and
WEBCC 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
and WEBCC 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.
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| 7 |
NON-EXCLUSIVE; NOT
EXHAUSTIVE |
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This AUP is intended
to provide guidance as to acceptable
use of the Registry and WEBCC Network.
However, the AUP is not exhaustive.
Therefore, if you desire to use the
Registry and WEBCC Network for a purpose
which is not expressly permitted herein,
then you should first obtain written
consent by e-mail from Registry or WEBCC
by sending a request to policy@web.cc.
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| 8 |
COMPLAINTS |
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Persons who wish to notify
Registry and WEBCC 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
and WEBCC completed Registry Acceptable
Use Policy Violation Complaint Form.
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| 9 |
ENFORCEMENT. |
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Registry and WEBCC 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 and WEBCC attempt
to work with customers to cure violations
and to ensure that there is no re-occurrence
of the violation prior to terminating
service.
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| 10 |
LIMITATION OF LIABILITY |
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In no event shall Registry
and WEBCC be liable to any user of the
Registry and WEBCC 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 and WEBCC were advised
of the possibility of such damages.
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| 11 |
MODIFICATION; AMENDMENT |
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Registry and WEBCC reserve
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 WEBCC's
website at
http://www.web.cc.
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| 12 |
REMOVAL OF CONTENT;
RESPONSIBILITY |
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At its sole discretion,
Registry and WEBCC reserve the right
to remove content or other material
from its servers posted by, or terminate
access to the Registry and WEBCC Network
for, any Person that Registry and WEBCC
determine has violated this AUP. In
any regard, Registry and WEBCC are 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 and WEBCC Network. Registry
and WEBCC do not create a duty to take
any action with respect to such content
or message by creating this AUP.
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