Acceptable Use Policy

1. Introduction

1.1. The Domain Name sector in general and the Internet in particular are subject to constant and rapid change both in the technology used and the associated behaviours.

1.2. This Acceptable Use Policy (“AUP”) sets out the parameters within which the Reseller must make use of the Reseller Interface, and in so doing agree to be bound by this AUP.

2. Status

2.1. The Acceptable Use Policy forms part of the Domain Name Reseller Agreement between the Reseller and the Registrar.

3. Definitions

3.1. Unless stated to the contrary words and phrases used in this document have the same meanings ascribed to them in the Domain Name Reseller Agreement.

3.2. The following words and phrases have these meanings in this document:
  3.2.1. "Malicious Code” means anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to:

  •         permit access to or the use of a computer system by an unauthorised third party, or
  •         disable, damage, erase, disrupt or impair the normal operation of a computer system.

4. General Principles

4.1. The Reseller must comply with the terms of this acceptable use policy, and must ensure that its employees, officers, agents or any other person that accesses the Reseller Interface for or on behalf of the Reseller also does so. The Reseller is responsible for the conduct of any person who accesses the Reseller Interface login credentials assigned to the Reseller.

4.2. The Reseller must act fairly, in good faith and with due consideration to the Registrar and other users and the Reseller Interface when making use of it.

4.3. The Reseller must not use the Reseller Interface in such a way as to cause inconvenience to the registrar or other users of the Reseller Interface. Such use includes without limitation the submission of bulk transactions that make excessive demands on system resources.

4.4. The Reseller must not use the Reseller Interface to in any way infringe any third party’s copyright, patent, trade mark or other intellectual property right.

5. Use of the Interface

The Reseller may not use the Reseller Interface to engage in unlawful, abusive, or irresponsible behaviour, including:

5.1. Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

5.2. Monitoring data or traffic on any network or system without the Registrar’s authorisation;

5.3. Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and / or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks;

5.4. Identity theft, including, but not limited to Internet scanning (tricking other people into releasing their passwords), phishing, pharming, password robbery, security hole scanning, and port scanning;

5.5. Collection of personal information about third parties without their consent;

5.6. The intentional dissemination of any Malicious Code; or

5.7. Transmission of any bulk unsolicited email, whether of a commercial or non-commercial nature.

6. Personal Information

6.1. The Reseller must not use the Reseller Interface to obtain personal information which it is not mandated to hold in terms of the Domain Name Reseller Agreement. Such activities include without limitation Whois data mining and other forms of data mining.

6.2. The Reseller must not use the Reseller Interface to change any Domain Name record unless mandated in terms of the Domain Name Reseller Agreement.

7. Security

7.1. The Reseller must take reasonable security precautions in its interactions with the Reseller Interface.

7.2. The Reseller’s passwords should consist of at least 8 mixed alpha and numeric characters with case variations. The Reseller should not permit a common word to be used as a password. The Reseller must protect the confidentiality of its passwords, ensure that passwords are not shared, and should change passwords regularly.

8. Offensive content

The Reseller may not make use of the Reseller Interface to obtain, distribute (directly or indirectly) any content that the Registrar reasonably believes is unlawful, and in particular:

8.1. constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;

8.2. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

8.3. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

8.4. is defamatory or violates a person’s privacy;

8.5. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;

8.6. improperly exposes trade secrets or other confidential or proprietary information of another person;

8.7. is intended to assist others in defeating technical copyright protections;

8.8. clearly infringes another person’s trade or service mark, patent, or other intellectual property right;

8.9. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

8.10. is discriminatory in any way, including by way of sex, race, or age discrimination; or

8.11. is otherwise unlawful or solicits conduct that is unlawful under laws applicable to the Reseller or to the Registrar.

9. Consequences of violation of AUP

9.1. The Registrar may, without notice to the Reseller, suspend the Reseller’s access to the Reseller Interface if the Registrar reasonably believes the Reseller is using the Reseller Interface in breach of this AUP. The Reseller must cooperate with the Registrar’s reasonable investigation of any suspected breach of the AUP.

9.2. Should the Reseller’s violation of the AUP be sufficiently serious, or if the Reseller consistently breaches the AUP, then the Registrar may at its sole instance treat such breach as a material breach of the Domain Name Reseller Agreement and act accordingly.

10. Disclaimer

10.1. Nothing in this document shall be interpreted as placing a duty upon the Registrar to monitor or enforce the Reseller’s activities and the Registrar disclaims any liability as a result of a failure to do so, and consequent misuse of the Reseller Interface is disclaimed.

11. Amendment of the AUP

11.1. Given the rapid changes inherent in the Domain Name sector, the Registrar reserves the right to amend this document at any time, as set out in the Domain Name Reseller Agreement.