This Acceptable Use Policy ("AUP") sets out the actions prohibited to users of
the DOT DM Corporation Network (“Dot DM Network”). “Users” are defined as
anyone who uses or accesses the .dm domain registry, who has responsibility
for one or more host record s in the .dm zone files generated from the .dm
registry, registrants of any the Commonwealth of Dominica .dm country
code Top Level (“ccTLD”) Domain name (“.dm Domain name”), users of DOT
DM hardware, name servers, bandwidth, telecommunications transport, zone
files or e-mail routing services whether provided directly by DOT DM, or made
possible by DOT DM’s facilitation of name resolution via the incorporation of a
specific host record in the .dm zone.
This AUP does not apply to registration of .dm Domain names or to disputes
between Users and any third parties in relation to infringement of any rights of
such third parties arising from the initial registration of .dm Domain names.
This AUP does govern the acceptable use of the DOT DM Network after an
application to register a .dm domain name has been accepted.
DOT DM reserves the right to modify or update this AUP at any time and any
such modifications or restatements shall be posted on DOT DM’s website at
http://www.nic.dm from time to time . DOT DM will use its best commercial
efforts to inform designated contacts via email in the event of changes to
DOT DM policy.
A. INTRODUCTION
Ø DOT DM supports the free flow of information and ideas over the
Internet. Accordingly, DOT DM does not actively screen or monitor, nor
does it exercise editorial control over the content of any message or
web site made accessible by the DOT DM Network.
Ø DOT DM reserves the right to remove access to any data or materials
that are potentially illegal, constitute copyright infringement, may
subject DOT DM to liability, or otherwise violate this AUP. DOT DM
reserves the right to determine in its sole discretion whether any use of
the DOT DM network or a .dm Domain name is a violation of this policy.
Ø Users of the DOT DM Network are obliged and required to ensure that
their use of a .dm Domain name or the DOT DM Network is at all times
in accordance with the requirements of this AUP and any applicable
CoCCA recommendations, laws and/or regulations.
Ø This AUP should be read in conjunction with the DOT DM Registration
Agreement, Dispute Policy, Privacy Policy and other applicable
agreements or policies.
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B. REPRESENTATIONS & WARRANTIES
By applying to register a .dm Domain name, or by asking us to
maintain or renew a .dm Domain name registration, a User represents
and warrants to DOT DM that (a) the statements made by a Registrant
in its Registration Agreement are complete and accurate; (b) to the
Registrant’s knowledge, the registration of the domain name will not
infringe upon or otherwise violate the rights of any third party; (c) the
Registrant is not registering the domain name for an unlawful purpose;
and (d) the Registrant will not knowingly use the domain name in
violation of any applicable CoCCA recommendations, laws or
regulations. It is a User’s responsibility to determine whether its domain
name registration infringes or violates someone else's rights.
C. ACCEPTABLE USE
An “Acceptable use” of the DOT DM Network or a .dm Domain name
is a use which is expressly permitted by the provisions of this AUP and in
accordance with the requirements of this AUP. The requirements of
use of the DOT DM Network and .dm domain names in relation to
various purposes and activities are as follows, and registration of a .dm
Domain name may be cancelled or suspended for any breach of or
non-compliance with the following requirements:
1. COMPLIANCE WITH LAW
1.1 The DOT DM Network and .dm Domain names must only be used for
lawful purposes. The creation, transmission, distribution or storage of
any material in violation of any applicable law or regulation is
prohibited. This may include, but is not limited to, the following:
(1) Communication, publication or distribution of material that
clearly infringes the intellectual and industrial property of
another person. Intellectual property includes, but is not limited
to: copyright (including future copyright), design rights, patents,
patent applications, and trade marks.
(2) Use of a .dm Domain name in circumstances in which:
(a) The .dm Domain name is identical or confusingly similar to
a personal name, company, business or other legal or
trading name as registered, trade mark or service mark in
which a third party complainant has uncontested rights,
including without limitation in circumstances in which:
(i) The use is intended to deceive or confuse others in
relation to goods or services for which a trade
mark is registered, or in respect of similar goods or
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closely related services, against the wishes of the
registered proprietor of the trade mark; or
(ii) The use is an attempt to deceive or confuse others
in relation to goods or services in respect of which
an unregistered trade mark or service mark has
become distinctive of the goods or services of a
third party complainant and in which the third
party complainant has established a sufficient
reputation , against the wishes of the third party
complainant; or
(iii) The use is an attempt to trade on or pass-off
the .dm domain name as being the same as or
endorsed, authorised, associated or affiliated with
the established business, name or reputation of
another; or
(iv) The use constitutes intentionally misleading or
deceptive conduct in breach of CoCCA
recommendations, or the laws of the
Commonwealth of Dominica; and
(b) The .dm Domain name has been used in bad faith,
including without limitation the following:
(i) The User has used the .dm Domain name primarily
for the purpose of disrupting the business or
activities of another person; or
(ii) By using the .dm Domain name, the User has
intentionally attempted to attract, for commercial
gain, internet users to a website or other online
location, by creating a likelihood of confusion with
the third party complainant’s name or mark as to
the source, sponsorship, affiliation, or endorsement
of that website or location or of a product or
service on that website or location.
(3) Communication, publication or distribution of registered and
unregistered know-how, confidential information and trade
secrets.
(4) Communication, publication or distribution, either directly or by
way of embedded links, of images or materials where that
communication, publication or distribution would constitute a
criminal offence pursuant to the laws of the Commonwealth of
Dominica or of prohibited content or potential prohibited
content within the meaning of the CoCCA recommended
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policies, including but not limited to pornographic material and
images or materials that a reasonable person as a member of
the community of the Commonwealth of Dominica or the
Commonwealth of Dominica would consider to be obscene or
indecent or any data that is or has been intentionally
constructed to be manipulated into obscene or indecent
images or material, whether incorporated directly into a .dm
web site utilizing a .dm Domain name, or made accessible via a
link on a .dm Domain or website using a .dm Domain name.
(5) Communication, publication or distribution of prohibited
content or potential prohibited content within the meaning of
the CoCCA recommended policies and/or as determined by
the the Commonwealth of Dominica Broadcasting Authority, by
way of embedded links in unsolicited email, postings to news
groups, internet forums, notices to instant messaging programs,
where the internet user is not explicitly made aware that by
clicking on the link they would be directly exposed to prohibited
content or potential prohibited content.
(6) Communication, publication or distribution of defamatory
material or material that constitutes racial vilification.
(7) Communication, publication or distribution of material that
constitutes an illegal threat or encourages conduct that may
constitute a criminal offence.
(8) Communication, publication or distribution of material that is in
contempt of the orders of a court or other judicial body.
(9) Use, communication, publication or distribution of software,
technical information or other data that violates export control
laws or CoCCA recommendations.
(10) Use, communication, publication or distribution of confidential
or personal information or data which violates any right of
privacy including confidential or personal information about
persons that is collected without their knowledge or consent.
2. ELECTRONIC MAIL
2.1 DOT DM expressly prohibits Users of the DOT DM Network from
engaging in the following activities:
(1) Communicating, transmitting or sending unsolicited bulk e-mail
messages or other electronic communications ("junk mail" or
"Spam") of any kind including, but not limited to, unsolicited
commercial advertising, informational announcements, and
political or religious tracts. Such messages or material may be
sent only to those who have expressly requested it. If a recipient
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asks a User to stop sending such e-mails, then any further e-mail
messages or other electronic communications would in such
event constitute Spam and violate the provisions and
requirements of this AUP.
(2) Communicating, transmitting or sending any material by e-mail
or otherwise that harasses, or has the effect of harassing,
another person or that threatens or encourages bodily harm or
destruction of property including, but not limited to, malicious email
and flooding a User or site with very large or numerous
pieces of e-mail.
(3) Communicating, transmitting, sending creating or forwarding
fraudulent offers to sell or buy products, messages about "Make-
Money Fast", "Pyramid" or "Ponzi" type schemes or similar
schemes, and "chain letters" whether or not the recipient wishes
to receive such messages.
(4) Adding, removing, modifying or forging DOT DM Network
header information with the effect of misleading or deceiving
another person or attempting to impersonate another person by
using forged headers or other identifying information
("Spoofing").
3. DISRUPTION OF DOT DM NETWORK
3.1 No-one may use the DOT DM Network or a .dm domain name for the
purpose of:
(1) Restricting or inhibiting any person, whether a customer of DOT
DM or otherwise, in its use or enjoyment of the DOT DM Network
or a .dm domain name or any service or product of DOT DM.
(2) Actually or purportedly reselling DOT DM services and products
without the prior written consent of DOT DM.
(3) Transmitting any communications or activity which may involve
deceptive marketing practices such as the fraudulent offering
of products, items, or services to any other party.
(4) Providing false or misleading information to DOT DM or to any
other party through the DOT DM Network.
(5) Facilitating or aiding the transmission of confidential information,
private or stolen data such as credit card information (without
the owner’s or cardholder's consent).
4. CONSUMER PROTECTION, FAIR TRADING
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4.1 If the User is using a .dm Domain to sell goods or services over the
Internet, it is required to provide clear links with sufficient and accurate
contact details on such website so that consumers have the ability to
contact the seller of such goods or services and so that customers and
prospective customers are clearly advised of any territorial limitations
on the offer, sale or provision of any goods or services offered, sold or
provided, and of any applicable laws, jurisdiction or CoCCA
recommendations. In the event that a .dm Domain name registrant
does not follow such laws, DOT DM will provide the contact details for
the registrant in accordance with the DOT DM Privacy Policy.
5. NETWORK INTEGRITY AND SECURITY
5.1 Users are prohibited from circumventing or attempting to circumvent
the security of any host, network or accounts ("cracking" or "hacking")
on, related to, or accessed through the DOT DM Network. This includes,
but is not limited to:
(1) accessing data not intended for such user;
(2) logging into a server or Account which such user is not expressly
authorised to access;
(3) falsifying a username or password;
(4) probing the security of other networks;
(5) executing any form of network monitoring which will intercept
data not intended for such user.
5.2 Users are prohibited from effecting any network security breach or
disruption of any Internet communications including, but not limited to:
(1) accessing data of which such User is not an intended recipient;
or
(2) logging onto a server or account which such User is not expressly
authorised to access.
For the purposes of this section 5.2, "disruption" includes, but is not
limited to:
(i) port scans, ping floods, packet spoofing;
(ii) forged routing information;
(iii) deliberate attempts to overload a service, and attempts to
"crash" a host;
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(iv) using the DOT DM Network in connection with the use of any
program, script, command, or sending of messages to interfere
with another user's terminal session by any means, locally or by
the Internet.
5.3 Users who compromise or disrupt DOT DM Network systems or security
may incur criminal or civil liability. DOT DM will investigate any such
incidents and will cooperate with law enforcement agencies if a crime
is suspected to have taken place.
D. NON-EXCLUSIVE, NON-EXHAUSTIVE
This AUP is intended to provide guidance as to what constitutes
acceptable use of the DOT DM Network and of .dm Domain names.
However, the AUP is not exhaustive. Therefore, if you desire to use the
DOT DM Network for a purpose which is not expressly permitted in this
AUP, then you should first obtain written consent by e-mail from DOT
DM by sending a request to [email protected]
E. COMPLAINTS
Persons who wish to notify DOT DM of abusive conduct in violation of
this AUP may report the same pursuant to DOT DM Acceptable Use
Policy Enforcement Procedure which is instituted by submitting to DOT
DM a completed DOT DM Acceptable Use Policy Violation Complaint
Form.
F. ENFORCEMENT
DOT DM may, in its sole discretion, suspend or terminate a User's service
for violation of any of the requirements or provisions of the AUP at any
time and without warning if DOT DM believes termination is necessary
to prevent unlawful activity or protect the health safety or privacy of
an individual or property. However, DOT DM attempts to work with
Users to cure violations and to ensure that there is no re-occurrence of
the violation prior to terminating service.
G. LIMITATION OF LIABILITY
In no event shall DOT DM be liable to any User of the DOT DM 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 DOT DM was advised of
the possibility of such damages. Subject to the qualifications in the
CoCCA recommendations DOT DM’s liability for any breach of a
condition or warranty implied by the CoCCA recommendations shall
be limited to the maximum extent possible in the case of services to
one of the following (as DOT DM may determine):
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(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.
H. REMOVAL OF CONTENT RESPONSIBILITY
At its sole discretion, DOT DM reserves the right to:
(i) remove content, zone file data or other material from its servers
provided by any person that violates the provisions or
requirements of this AUP; or
(ii) terminate access to the DOT DM Network by any person that
DOT DM determines has violated the provisions or requirements
of this AUP.
In any regard, DOT DM is not responsible for the content or message of
any newsgroup posting, e-mail message, or web site regardless of
whether access to such content or message was facilitated by the
DOT DM Network. DOT DM does not have any duty to take any action
with respect to such content or message by creating this AUP and
Users of the DOT DM Network are obliged and required to ensure that
their use of a .dm Domain name or the DOT DM Network is at all times
in accordance with the requirements of this AUP and any applicable
laws and/or regulations.
* This AUP Policy has been developed in consultation with other
members of the Council of Country Code Administrators (“CoCCA”).
Items in DARK GREEN indicate sections where .dm ccTLD policy has
been varied to reflect the values customs and laws of the
Commonwealth of Dominica.
About the Council of Country Code Administrators:
http://www.cocca.cx
Taking the view that administrators of ccTLDs are trustees for the
internet domain, CoCCA Members seek, through consensus, to
develop approaches, policies and technologies which improve the
utility, technical stability, and interoperability of member ccTLD’s with
the DNS.
CoCCA has been established as an inclusive forum for collaboration
among those trustees of ccTLDs that support; responsible
administration of the DNS, accountability models, and industry selfregulation.
CoCCA is a non -profit, member owned company.