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Rules for Uniform Domain Name Dispute Resolution Policy     


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

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.

AUP Enforcment AUP Enforcment - Adobe PDF Format

AUP Complaint FORM AUP Complaint Form - Adobe PDF Format

9. Enforcement.
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

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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