AUP – NIDS
Norfolk Island ccTLD (.nf)
Modified: 20.10.04 Version 1.1
Effective:
Council of Country Code Administrators: HARMONISED POLICY *
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This Acceptable Use Policy ("AUP") sets out the actions prohibited to users of
the Norfolk Island Data Services (“NIDS”) Network (“NIDS Network”).
“Users” are defined as anyone who uses or accesses the .nf domain registry,
who has responsibility for one or more host records in the .nf zone files
generated from the .nf registry, registrants of any Norfolk Island .nf country
code Top Level (“ccTLD”) Domain name (“.nf Domain name”), users of NIDS
hardware, name servers, bandwidth, telecommunications transport, zone files
or e-mail routing services whether provided directly by NIDS, or made possible
by NIDS’s facilitation of name resolution via the incorporation of a specific
host record in the .nf zone.
This AUP does not apply to registration of .nf 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 .nf Domain names. This
AUP does govern the acceptable use of the NIDS Network after an
application to register a .nf domain name has been accepted.
NIDS reserves the right to modify or update this AUP at any time and any such
modifications or restatements shall be posted on NIDS’s website at
http://www.nic.nf from time to time. NIDS will use its best commercial efforts to
inform designated contacts via email in the event of changes to NIDS policy.
A. INTRODUCTION
Ø NIDS supports the free flow of information and ideas over the Internet.
Accordingly, NIDS 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 NIDS Network.
Ø NIDS reserves the right to remove access to any data or materials that
are potentially illegal, constitute copyright infringement, may subject
NIDS to liability, or otherwise violate this AUP. NIDS reserves the right to
determine in its sole discretion whether any use of the NIDS network or
a .nf Domain name is a violation of this policy.
Ø Users of the NIDS Network are obliged and required to ensure that their
use of a .nf Domain name or the NIDS 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 NIDS Registration
Agreement, Dispute Policy, Privacy Policy and other applicable
agreements or policies.
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B. REPRESENTATIONS & WARRANTIES
By applying to register a .nf Domain name, or by asking us to maintain
or renew a .nf Domain name registration, a User represents and
warrants to NIDS 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 NIDS Network or a .nf 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 NIDS Network and .nf domain names in relation to various
purposes and activities are as follows, and registration of a .nf 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 NIDS Network and .nf 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 .nf Domain name in circumstances in which:
(a) The .nf Domain name is identical or confusingly similar to
a personal name, company, business or other legal or
trading name as registered with the applicable nation or
other authority or a 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 .nf
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 Norfolk Island;
and
(b) The .nf Domain name has been used in bad faith,
including without limitation the following:
(i) The User has used the .nf Domain name primarily
for the purpose of disrupting the business or
activities of another person; or
(ii) By using the .nf 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 Norfolk Island or of
prohibited content or potential prohibited con tent within the
meaning of the CoCCA recommended policies, including but
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not limited to pornographic material and images or materials
that a reasonable person as a member of the community of
Norfolk Island or Norfolk Island 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 .nf web
site utilizing a .nf Domain name, or made accessible via a link on
a .nf Domain or website using a .nf 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 Norfolk Island 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 encourage s 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 NIDS expressly prohibits Users of the NIDS 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
asks a User to stop sending such e-mails, then any further e-mail
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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 flo oding 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 NIDS 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 NIDS NETWORK
3.1 No-one may use the NIDS Network or a .nf domain name for the
purpose of:
(1) Restricting or inhibiting any person, whether a customer of NIDS
or otherwise, in its use or enjoyment of the NIDS Network or a .nf
domain name or any service or product of NIDS.
(2) Actually or purportedly reselling NIDS services and products
without the prior written consent of NIDS.
(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 NIDS or to any other
party through the NIDS 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
4.1 If the User is using a .nf 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
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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 .nf Domain name registrant
does not follow such laws, NIDS will provide the contact details for the
registrant in accordance with the NIDS 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 NIDS 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 commun ications 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;
(iv) using the NIDS 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.
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5.3 Users who compromise or disrupt NIDS Network systems or security may
incur criminal or civil liability. NIDS will investigate any such inciden ts
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 NIDS Network and of .nf Domain names.
However, the AUP is not exhaustive. Therefore, if you desire to use the
NIDS Network for a purpose which is not expressly permitted in this AUP,
then you should first obtain written consent by e -mail from NIDS by
sending a request to aup@nic.nf.
E. COMPLAINTS
Persons who wish to notify NIDS of abusive conduct in violation of this
AUP may report the same pursuant to NIDS Acceptable Use Policy
Enforcement Procedure which is instituted by submitting to NIDS a
completed NIDS Acceptable Use Policy Violation Complaint Form.
F. ENFORCEMENT
NIDS 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 NIDS believes termination is necessary to
prevent unlawful activity or protect the health , safety, or privacy of an
individual or property. However, NIDS 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 NIDS be liable to any User of the NIDS 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 NIDS was advised of the
possibility of such damages. Subject to the qualifications in the CoCCA
recommendations NIDS’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 NIDS may determine):
(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.
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H. REMOVAL OF CONTENT RESPONSIBILITY
At its sole discretion, NIDS 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 NIDS Network by any person that NIDS
determines has violated the provisions or requirements of this
AUP.
In any regard, NIDS 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
NIDS Network. NIDS does not have any duty to take any action with
respect to such content or message by creating this AUP and Users of
the NIDS Network are obliged and required to ensure that their use of
a .nf Domain name or the NIDS 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 .nf ccTLD policy has
been varied to reflect the values customs and laws of Norfolk Island.
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 self-regulation.
CoCCA is a non-profit, member owned company.

PRIVACY POLICY – NIDS
Norfolk Island ccTLD (.nf)
Modified: 20.10.04 Version1.1
Effective:
Council of Country Code Administrators: HARMONISED POLICY *
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1. OBJECTIVES:
1.1 The objectives of this Privacy Policy are:
(1) To disclose to the Registrant, and in doing so obtain the
Registrant’s consent, to the fact that the Personal Information
provided by the Registrant may be dealt with in the following
manner by Norfolk Island Data Services (“NIDS”):
(a) Personal Information shall be collected in the form of a
Registrant database, which is used, maintained and
corrected from time to time in accordance with this Policy;
(b) Personal Information shall be collected by NIDS for the
purpose of the storage and maintenance of the Personal
Information. NIDS shall not disclose or transfer the Personal
Information to any third party other than the .nf ccTLD
Escrow Agent unless under the circumstances detailed in
the “Use and disclosure” section of this Policy;
(c) All personal information about the Registrant which is
supplied to NIDS or an accredited registrar is held by NIDS
for the benefit of the Norfolk Island community and may
be required to be publicly disclosed to third parties and
used to maintain a public “Whois” service, provided that
such disclosure is consistent with:
(i) Privacy principles specified in CoCCA recommended
policies; and
(ii) The NIDS Policies.
(2) To outline NIDS's procedures for the appropriate collection,
holding, use, correction, disclosure and transfer of a Registrant’s
Personal Information by NIDS;
(3) For NIDS to undertake the requirements of paragraph 1.1(1) in
such a way so as to ensure that NIDS:
(a) meets international concerns and obligations relating to
privacy;
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(b) recognises a Registrant’s interests in protecting their
privacy;
(c) recognises important human rights and social interests that
compete with privacy, including the general desirability of
a free flow of information and the right of NIDS to achieve
its objectives efficiently; and
(d) encourages Registrants to provide and maintain accurate
and reliable contact details with the knowledge that NIDS
will respect their privacy.
2. DEFINITIONS
2.1 "NIDS" means NIDS
2.2 “Domain” means a .nf domain name applied for by a Registrant,
whose registration has been processed and accepted by NIDS;
2.3 "Escrow Agent" means a third party contracted to perform data
escrow services for NIDS. The data escrow arrangement with the
Escrow Agent will ensure the transfer of all relevant DNS data and
Registrant information, including Personal Information to a nominated
replacement/back-up system and will ensure the safety and integrity
of the .nf country code Top Level Domain (“ccTLD”) Database. The
Escrow Agent is prohibited from use or disclosure of the .nf ccTLD Data
unless that use or disclosure is deemed essential to ensure the stability
and integrity of the .nf ccTLD;
2.4 “Identifier” for the purposes of paragraph 10 includes a number
assigned by NIDS to an individual to identify uniquely the Registrant for
the purposes of NIDS's operations. However, an individual's name is not
an identifier;
2.5 "Personal Information" means information or an opinion (including
information or an opinion forming part of a database), whether true or
not, and whether recorded in a material form or not, about a
Registrant whose identity is apparent, or can reasonably be
ascertained, from the information or opinion provided by the
Registrant including information contained in applications for NIDS
domain names;
2.6 "Policy" means the contents of the NIDS Privacy Policy and any
amendments or updates to the Policy made by NIDS from time to time
and posted on the NIDS website;
2.7 “Sensitive information” means Personal Information that would be
considered to be “sensitive” under the CoCCA recommended policies;
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2.8 "Registrant" means the individual, entity or the authorised agent for the
individual or entity who is responsible for a NIDS domain name, whose
registration has been processed and accepted by NIDS;
2.9 "Whois Service" means the service provided by NIDS to the public, as
described in paragraph 3 of this Policy, which is available at
http://www.nic.nf.
3. Norfolk Island ccTLD "Whois" SERVER IMPLICATIONS:
3.1 NIDS will maintain a publicly accessible information service known as
the .nf ccTLD "Who is" service which will provide limited information in
relation to a Domain as follows:
(1) technical information on the DNS servers resolving a Domain;
(2) the date the Domain was inserted into the .nf ccTLD registry;
(3) the date of last modification; and
(4) the date of expiration.
3.2 NIDS shall not release a Registrant’s phone numbers, addresses or
email contact details without the consent of the Registrant, unless
under the circumstances detailed in “Use and disclosure” section
below.
3.3 NIDS Accredited Registrars are required, as a condition of their
accreditation, to provide Registrants with the tools to make visible
Extended "Who-is" Information on .nf ccTLD domains registered through
them.
4. COLLECTION
4.1 NIDS shall only collect Personal Information necessary for one or more
of its functions or activities:
(1) as the trustee for the .nf ccTLD Database;
(2) for the provision of the “Who Is” Service;
(3) to contact the Registrant as necessitated by the .nf ccTLD
Polices.
4.2 The "Primary Purpose of Collection" by NIDS shall be for one of the
necessary functions or activities of NIDS as described in paragraph 4.1
above and NIDS will exercise its reasonable endeavours to ensure that:
(1) NIDS shall collect Personal Information only by lawful and fair
means and not in an unreasonably intrusive way.
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(2) At or before the time (or, if that is not practicable, as soon as
practicable after) NIDS collects Personal Information about a
Registrant from the Registrant, NIDS shall take reasonable steps
to ensure that the Registrant is aware of:
(a) the identity of NIDS and the Escrow Agent and how the
Registrant may contact NIDS; and
(b) the fact that the Registrant is able to gain access to the
Personal Information; and
(c) the purposes for which the Personal Information is
collected (as outlined in the paragraph 4.1 above); and
(d) the organisations (or the types of organisations) to which
NIDS usually discloses the Personal Information; and
(e) any law that requires the particular Personal Information to
be collected; and
(f) the main consequences (if any) for the Registrant if all or
part of the Personal Information is not provided.
(3) If it is reasonable and practicable to do so, NIDS shall collect
Personal Information about a Registrant only from that individual.
(4) If NIDS collects Personal Information about the Registrant from
someone else, it shall take reasonable steps to ensure that the
Registrant is or has been made aware of the matters listed in the
“Objectives” paragraph 1 above except to the extent that
making the Registrant aware of the matters would pose a
serious threat to the life or health of any individual.
4.3 NIDS’s website does not utilise “cookies” or other technology to collect
user information or track usage. NIDS’s website may feature links to
other websites. NIDS is not responsible for the content and privacy
practices of such other websites.
5. USE AND DISCLOSURE
5.1 NIDS shall NOT use or disclose Personal Information about a Registrant
for a purpose (the Secondary purpose) other than the Primary Purpose
of Collection unless:
(1) the Registrant has consented to the use or disclosure; or
(2) NIDS reasonably believes that the use or disclosure is necessary
to lessen or prevent:
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(a) a serious and imminent threat to an individual’s life, health
or safety; or
(b) a serious threat to public health or public safety; or
(c) NIDS has reason to suspect that unlawful activity has been,
is being or may be engaged in, and uses or discloses the
Personal Information as a necessary part of its investigation
of the matter or in reporting its concerns to relevant
persons or authorities; or
(d) the use or disclosure is required or authorised by or under
law; or
(e) NIDS reasonably believes that the use or disclosure is
reasonably necessary for one or more of the following by
or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution
or punishment of criminal offences, breaches of a
law imposing a penalty or sanction or breaches of a
prescribed law;
(ii) the enforcement of laws relating to the confiscation
of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or
remedying of seriously improper conduct or
prescribed conduct; or
(v) the preparation for, or conduct of, proceedings
before any court or tribunal, or implementation of
the orders of a court or tribunal.
5.2 NIDS shall lawfully co-operate with agencies performing law
enforcement functions.
5.3 This "Use and disclosure" section in this paragraph 5 does not override
any existing legal obligations not to disclose Personal Information.
Nothing in this “Use and disclosure” paragraph 5 requires NIDS to
disclose any Personal Information; NIDS is always entitled not to
disclose Personal Information in the absence of a legal obligation to
disclose it.
5.4 NIDS is also subject to the requirements set out in the “Transborder data
flows” section in paragraph 12 of this Policy if it transfers Personal
Information to a person in a foreign country, situated outside of Norfolk
Island.
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5.5 If NIDS uses or discloses Personal Information under this “Use and
disclosure” paragraph 5, it shall make a written note of the use or
disclosure, and except where requested by a law enforcement
agency, inform the Registrant by Post AND EMAIL of the identity of the
requesting entity and stated reasons for the release of the information.
These reasons must be one of the stated reasons in paragraph 5.1(2).
6. DATA QUALITY
6.1 NIDS shall take reasonable steps to make sure that the Personal
Information it collects, uses or discloses is accurate, complete and upto-
date.
7. DATA SECURITY
7.1 NIDS shall take reasonable steps to protect the Personal Information it
holds from misuse and loss and from unauthorised access, modification
or disclosure.
7.2 NIDS shall take reasonable steps to destroy or permanently de-identify
Personal Information if it is no longer needed for any purpose for which
the information may be used or disclosed under the “Use and
disclosure” section of this Policy.
8. OPENNESS
8.1 This Policy sets out NIDS’s policies on its management of Personal
Information. NIDS shall make this document available to anyone who
asks for it.
8.2 On request by any person, NIDS shall take reasonable steps to let the
person know, generally, what sort of Personal Information NIDS holds,
for what purposes, and how it collects, holds, uses and discloses that
information.
9. ACCESS AND CORRECTION
9.1 If NIDS holds Personal Information about a Registrant, it shall provide
the Registrant with access to the information on request by the
Registrant, except to the extent that:
(1) in the case of Personal Information, providing access would
pose a serious and imminent threat to the life or health of any
individual; or
(2) providing access would have an unreasonable impact upon
the privacy of other individuals; or
(3) the request for access is frivolous or vexatious; or
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(4) the information relates to existing or anticipated legal
proceedings between NIDS and the Registrant and the
information would not be accessible by the process of discovery
in those proceedings; or
(5) providing access would reveal the intentions of NIDS in relation
to negotiations with the Registrant in such a way as to prejudice
those negotiations; or
(6) providing access would be unlawful; or
(7) denying access is required or authorised by or under law; or
(8) providing access would be likely to prejudice an investigation of
possible unlawful activity; or
(9) providing access would be likely to prejudice:
(a) the prevention, detection, investigation, prosecution or
punishment of criminal offences, breaches of a law
imposing a penalty or sanction or breaches of a
prescribed law; or
(b) the enforcement of laws relating to the confiscation of
the proceeds of crime; or
(c) the protection of the public revenue; or
(d) the prevention, detection, investigation or remedying of
seriously improper conduct or prescribed conduct; or
(e) the preparation for, or conduct of, proceedings before
any court or tribunal, or implementation of its orders by or
on behalf of an enforcement body; or
(f) an enforcement body performing a lawful security
function asks NIDS not to provide access to the
information on the basis that providing access would be
likely to cau se damage to the security of Norfolk Island .
9.2 However, where providing access would reveal evaluative information
generated within NIDS in connection with a commercially sensitive
decision-making process, NIDS may give the Registrant an explanation
for the commercially sensitive decisi on rather than direct access to the
information.
9.3 If NIDS charges for providing access to Personal Information, those
charges:
(1) shall not be excessive; and
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(2) shall not apply to the lodging of a request for access by
Registrants to their own Personal Information.
9.4 If NIDS holds Personal Information about a Registrant and the
Registrant is able to establish that the information is not accurate,
complete and up-to-date, NIDS shall take reasonable steps to correct
the information so that it is accurate, complete and up-to-date, as
requested by the Registrant.
9.5 If the Registrant and NIDS disagree about whether the Personal
Information is accurate, complete and up-to-date, and the Registrant
asks NIDS to associate with the information a statement claiming that
the information is not accurate, complete or up-to-date, NIDS shall
take reasonable steps to do so.
9.6 NIDS shall provide written reasons for denial of access or a refusal to
correct Personal Information under this paragraph 9 in relation to
“Access and correction”.
10. IDENTIFIERS
10.1 NIDS shall not adopt as its own identifier of a Registrant, an identifier of
the Registrant that has been assigned by:
(1) an agency; or
(2) an agent of an agency acting in its capacity as agent; or
(3) a contracted service provider for a government contract acting
in its capacity as contracted service provider for that contract.
10.2 NIDS shall not use or disclose an identifier assigned to an individual by
an agency, or by an agent or contracted service provider mentioned
in paragraph 10 in relation to “Identifiers” unless:
(1) the use or disclosure is necessary for NIDS to fulfill its obligations
to the agency; or
(2) one or more of the requirements in relation to “Use and
disclosure” in paragraph 5.1 applies to the use or disclosure.
11. ANONYMITY
11.1 A Registrant's request not to be identified when entering transactions
with NIDS shall be considered by NIDS on a case by case basis, in its
sole discretion, although NIDS will endeavour to honour such request
wherever it is lawful or practicable to do so.
12. TRANSBORDER DATA FLOWS
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12.1 NIDS may transfer Personal Information to someone (other than NIDS, its
affiliates or the Registrant) who is in a foreign country only if:
(1) NIDS reasonably believes that the recipient of the information is
subject to a law, binding scheme or contract which effectively
upholds principles for fair handling of the information that are
substantially similar to the privacy principles under CoCCA
recommendations; or
(2) The Registrant consents to the transfer; or
(3) The transfer is necessary for the performance of a contract
between the Registrant and NIDS, or for the implementation of
pre-contractual measures taken in response to the Registrants
request; or
(4) The transfer is necessary for the conclusion or performance of a
contract concluded in the interest of the Registrant between
NIDS, its affiliates or a third party; or
(5) All of the following apply:
(a) the transfer is for the benefit of the Registrant;
(b) it is impracticable to obtain the consent of the Registrant
to that transfer; and
(c) if it were practicable to o btain such consent, the
Registrant would be likely to give it; or
(6) NIDS has taken reasonable steps to ensure that the information
which it has transferred will not be held, used or disclosed by the
recipient of the information inconsistently with the privacy
principles in the CoCCA recommendations.
13. SENSITIVE INFORMATION
13.1 NIDS shall not collect sensitive information about a Registrant unless:
(1) the Registrant has consented; or
(2) the collection is required by law; or
(3) the collection is necessary to prevent or lessen a serious and
imminent threat to the life or health of any individual, where the
Registrant whom the information concerns:
(a) is physically or legally incapable of giving consent to the
collection; or
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Page 10 of 10
(b) physically cannot communicate consent to the collection;
or
(4) where the information is collected in the course of the activities
of a non-profit organisation the following conditions are satisfied:
(a) the information relates solely to the members of NIDS or to
individuals who have regular contact with it in connection
with its activities;
(b) at or before the time of collecting the information, NIDS
undertakes to the Registrant whom the information
concerns that NIDS will not disclose the information without
the Registrant’s consent; or
(5) the collection is necessary for the establishment, exercise or
defence of a legal or equitable claim.
14. REVIEW OF POLICY:
14.1 NIDS reserves the right to review or revise this policy at any time and
those people who volunteer their personal details to NIDS are deemed
to acknowledge and be bound by this policy and any changes made
to it. This in no way affects the privacy protection available under
CoCCA recommendations or other relevant laws.
* This Privacy Policy has been developed in consultation with other
members of the Council of Country Code Administrators (“CoCCA”).
Items in DARK GREEN indicate sections where .nf ccTLD policy has
been varied to reflect the values customs and laws of Norfolk Island.
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 self-regulation.
CoCCA is a non-profit, member owned company.

REGISTRATION AGREEEMENT – NIDS
Norfolk Island ccTLD (.nf)
Modified: 20.10.04 Version 1.1
Effective:
Council of Country Code Administrators: HARMONISED POLICY *
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This REGISTRATION AGREEMENT (the "Agreement") is entered into by and
between the .nf domain name registrant ("Registrant") and Norfolk Island
Data Services (“NIDS”).
RECITALS:
A. NIDS directs the maintenance and operation of the .nf TLD registry
database and is responsible for accreditation of registrars to accept
and process requests for registration of .nf domain names.
B. The Registrant wishes to make an application to register (“the
Application”) a domain name ending in the two letter suffix .nf (“the
Domain”) with an accredited registrar in the .nf ccTLD register and
hold the exclusive registration to use the Domain for the term of this
Agreement.
C. NIDS desires to grant the Registrant an exclusive registration to use the
Domain for a limited time period a s a .nf domain name on the Internet
for all lawful purposes for which a name may be put, in accordance
with the terms and conditions set forth below, .nf ccTLD Policies, and
any other pertinent NIDS rules or policies which now exist or which NIDS
may publish in the future, upon payment of a Registration Fee.
D. In consideration of the payment of any fee or other charges that may
be specified by NIDS or an accredited registrar for the registration of a
Domain (“Registration Fee”) and the provision by the Registrant of the
covenants stated in this Agreement, NIDS grants to the Registrant the
exclusive registration and use of the Domain for the term described in
this Agreement subject to the terms and conditions set out in this
Agreement.
TERMS AND CONDITIONS:
1. Terms. This Agreement, the registration rules of NIDS as current and
published at http://www.nic.nf and any policies published from time to
time by NIDS govern a Registrant's use of any .nf domain name (the
"Domain") that is registered through an accredited registrar utilising
the .nf registry. This agreement, the registration rules of NIDS as current
and published at http://www.nic.nf and the policies of NIDS apply
recursively to all domains which end in the two letter suffix .nf and
explain the rights and obligations that exist between NIDS and the
Registrant. Until accepted by NIDS, this document constitutes the
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Registrant’s offer to NIDS to register the Domain under the terms and
conditions stated below.
2. NIDS may accept the offer only at its principal place of business in the
Norfolk Islands by facilitating registration of the Domain which the
Registrant has requested. By making the Application to register the
Domain with an accredited registrar in the .nf ccTLD, the Registrant
acknowledges that it has re ad and agrees to be bound by all terms
and conditions of this Agreement, the registration rules of NIDS as
current and published at http://www.nic.nf, the .nf ccTLD Policies and
any other relevant NIDS rules or policies that are now, or may in the
future, be published by NIDS (“the NIDS Policies”).
The Registrant acknowledges and understands that by accepting the
terms and conditions of this Agreement, it shall be bound by the
registration rules and policies of NIDS as current and published at
http://www.nic.nf (“the NIDS Registration Policies and Rules”) or
otherwise notified to the Registrant by NIDS. NIDS may modify this
Agreement, the NIDS Registration Rules and the NIDS Policies from time
to time, and will post at the top of the particular document th e last
date upon which it was modified. NIDS is responsible for publishing NIDS
Policies applicable to the Registrant and other registrants of .nf
domains on NIDS’s web site.
Although NIDS will make its best commercial efforts to inform registrants
of changes to NIDS Policies via email, the Registrant is ultimately
responsible for reviewing the NIDS Policies on a regular basis, as
updated NIDS Policies become effective thirty (30) calendar days after
the initial date of posting such revisions or modification on NIDS’s web
site and take effect on that date. The Registrant’s failure to review the
NIDS Policies not less frequently than every thirty (30) days constitute a
breach of this Agreement. NIDS Policies, which the Registrant
acknowledges and understands may be changed or modified by NIDS
from time to time, are incorporated into this Agreement by this
reference. By the Registrant's use of its Domain following the effective
date of any revision of NIDS Policies, the Registrant agrees to be bound
by such revisions to NIDS Policies. In the event that the Registrant does
not wish to be bound by an updated NIDS Policy, the Registrant’s sole
remedy is to cancel its registration of the Domain by following the
appropriate NIDS Policies regarding such cancellation.
3. Registration Fee. The Registrant shall pay to an accredited registrar the
appropriate Registration Fee applicable at the time the Registrant
submits its Application. Payment of Registration Fees should be made
in accordance with the requirements of the a ccredited registrars and
NIDS Policies effective at the time the Registrant submits such payment.
All fees paid pursuant to this Agreement are non -refundable except as
provided for herein.
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4. Registrant Information. The Registrant shall ensure that: (i) the
information submitted by or on behalf of the Registrant to the .nf ccTLD
registry in connection with registration of the Domain or otherwise
("Registrant Information") will during the Term comply with the NIDS
Policies and the NIDS Registration Rules and is and will remain true,
current, complete, accurate, and reliable; and (ii) the Registrant shall
maintain, update, and keep the Registrant Information true, current,
complete, accurate, and reliable by notifying NIDS immediately of a
change to any such information in accordance with the appropriate
NIDS Policy relating to modifications to the Registrant Information. NIDS
reserves and may exercise the right to terminate the Registrant’s
registration of the Domain if (i) information provided by the Registrant
to NIDS is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or (ii) the Registrant fails to maintain, update, and
keep the Registrant Information true, current, complete, accurate, and
reliable. The Registrant acknowledges that a breach of this Section 4
will constitute a material breach of this Agreement which will entitle
NIDS to terminate this Agreement immediately upon such breach
without any refund of the Registration Fee and without notice to
Registrant.
5. Agents. The Registrant understands, acknowledges and agrees that by
using the Domain, the Registrant ratifies and is bound by this
Agreement even if an agent (such as an Internet Service Provider,
domain name retailer, or employee) entered into this Agreement on
the Registrant’s behalf, and even if the Registrant has not itself read this
Agreement. Further, the Registrant is responsible for all information
submitted by its agent. NIDS will not cancel this Agreement, or refund
any fees paid to it, because of any errors or omissions of the agent in
the registration process (e.g., if such agent provides incorrect
information) or because of errors or omissions in changes to the
Registrant’s registration of the Domain, without the Registrant’s actual
consent, as such apparent au thority will suffice to bind the Registrant.
By acting on the Registrant’s behalf, such agent represents and
warrants to the Registrant and NIDS that the agent is authorised to bind
the Registrant hereto and that it has fully and thoroughly advised the
Registrant of the terms and conditions of this Agreement.
6. Term and Renewal Term. The Registrant's exclusive registration of the
Domain shall continue for the term specified by the Registrant in the
Application or otherwise during the registration process (“the Term”).
Registrant will have the right to renew its registration in accordance
with the NIDS Policies in effect at the end of the Registrant’s then
current Term.
7. Scope of Registration. On payment of the Registration Fee and
registration of the Domain the Registrant will be entitled to a licence for
the exclusive use of the Domain for the Term. However, the Registrant
shall not use, display, exploit, or register a Domain in any manner which
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may constitute illegal activity or be in contravention or violation of
NIDS Policies. The Registrant acknowledges that a breach of this
Section 7 will constitute a material breach of this Agreement which will
entitle NIDS to terminate this Agreement immediately upon such
breach without any refund of the Registration Fee. NIDS may, in its sole
discretion, refuse registration of the Registrant's desired Domain within
thirty (30) calendar days from receipt of payment of the Registration
Fee by NIDS. In case of such refusal, NIDS shall refund to the Registrant
the applicable Registration Fee. NIDS shall not be liable for any loss,
damage, or other injury whatsoever resulting from NIDS’s refusal to
register the Registrant’s desired Domain.
8. Registrant Representations and Warranties. The Registrant represents,
warrants, and guarantees that:
(i) the Registrant understands that registration entitles the
Registrant only to a licence for the use of the Domain for the
Term and that use of the Domain may be subject to applicable
CoCCA recommendations, laws and NIDS Policies and other
pertinent rules, including those concerning trademarks and
other types of intellectual property;
(ii) to the best of the Registrant’s knowledge and belief, neither the
registration of the Domain nor the manner in which it is to be
directly or indirectly used infringes the legal rights or intellectual
property rights of a third party;
(iii) the Registrant understands that use of the Domain is subject to
all terms and conditions of this Agreement, NIDS Policies, and
any other pertinent rule or policies now existing or which NIDS
may publish in the future and from time to time;
(iv) the Registrant will use, display, or exploit the Domain in good
faith, and in accordance with international law, CoCCA
recommendations, and applicable state laws and regulations,
and will not use the Domain in any way which may violate a
subsisting right of NIDS or any third party;
(v) the information provided by the Registrant is true and accurate,
and the Registrant will update said information immediately if it
changes;
(vi) the Registrant is either (a) an identifiable human individual (over
the age of 18 years); or (b) a legally recognized statutory entity
(such as a Limited Liability Company, Partnership, Association,
Society or Proprietary Limited Company);
(vii) the Registrant will promptly notify NIDS of any actual or
threatened proceedings brought in respect of the words used
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as or incorporated in the Domain whether by or against the
Registrant;
(viii) the Registrant will not, directly or indirectly, through registration
or use of the Domain or otherwise:
(a) register a Domain for the purpose of diverting trade from
another business or website;
(b) deliberately register as a Domain mis-spellings of another
entity’s personal, company or brand name in order to
pass-off or trade on the business, goodwill or reputation
of another;
(c) register a Domain and then passively hold a Domain for
the purpose of preventing another from registering it; or
(d) grant or purport to grant a security interest or other
encumbrance on or over the Domain;
(ix) the Registrant meets and will continue to meet for the whole of
the Term any eligibility criteria prescribed in the NIDS Policies for
registering and using the Domain;
(x) the Registrant has not previously submitted an application for
registration of a domain name for the same Domain with
another registrar where:
(a) the Registrant is relying on the same eligibility criteria for
both domain names; and
(b) the Domain has previously been rejected by the other
registrar;
(xi) the Registrant acknowledges that all personal information
about the Registrant which is supplied to NIDS or an accredited
registrar is held by NIDS for the benefit of the Norfolk Island
community and may be required to be publicly disclosed to
third parties and used to maintain a public “Who-Is” service,
provided that such disclosure is consistent with:
(a) CoCCA recommended policies; and
(b) The NIDS Policies;
(xii) Any content, material or web page contained on any Uniform
Resource Locator (“URL”), web site or web page accessing,
utilising or accessed by means of the Domain complies with the
CoCCA recommendations and does not constitute or contain
any “prohibited content” or “potential prohibited content”,
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including but not limited to pornographic material and images
or materials that a reasonable person as a member of the
community of Norfolk Island 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 .nf web
site utilising a .nf Domain name, or made accessible via a link on
a .nf Domain or website using a .nf Domain name;
(xiii) Any person may make a complaint about any content, material,
web page or URL which constitutes or contains any “prohibited
content” or “potential prohibited content” within the meaning
under CoCCA recommendations;
(xiv) The Registrant may be requested to submit content, material,
web page or URL accessed through the NIDS network to the
manufactures of internet content filters listed on the CoCCA
website for inclusion. http://www.cocca.cx
(xv) The use of the Domain and of any web page or URL accessed
by or utilising the Domain will comply with the requirements of
the CoCCA recommended policies regarding Spam;
(xvi) Registrants of a .nf Domain Name must, as a condition of this
Agreement, provide the following information to NIDS or its
accredited registrar:
· Legally recognized first and last name (surname) of the
contact person for the Registrant (this contact person
may be the Registrant itself).
· If the Registrant is an organization, association, Limited
Liability Company, Proprietary Limited Company, or other
legally recognized entity, the contact person must be a
person authorized under the applicable law in the
applicable territory to legally bind the entity.
· Valid postal address of the Registrant.
· Functioning e-mail address of the Registrant.
· Working telephone number for the Registrant, including
country code, area code, and proper extension, if
applicable.
Providing true, current, complete, and accurate contact
information is an absolute condition of registration of a Domain
Name within the .nf ccTLD. If any Registrant Information
provided during registration or subsequent modification to that
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information, is false, inaccurate or misleading, or conceals or
omits pertinent information NIDS may instruct the registry to
terminate, suspend or place on hold the Domain Name
registration of any Registrant without notification and without
refund to the Registrant; and
(xvii) The Registrant is responsible for keeping the Registrant
Information up to date and responding in a timely fash ion to
communications regarding the Domain or other .nf domains
registered by them.
9. NIDS Representations and Warranties. NIDS represents, warrants, and
guarantees that:
(i) NIDS manages the .nf top level domain name in trust for the
Norfolk Island Community;
(ii) NIDS has the full right, power, legal capacity, ability, and
authority to enter into this Agreement, and to carry out the
terms and conditions hereof notwithstanding the disclaimer
below;
(iii) NIDS will process the Registrant’s Application and consider
whether to accept or reject it in accordance with the criteria
laid down in this Agreement and the NIDS Policies in force at the
time of the Application;
(iv) NIDS will, if the Application is successful, use its reasonable
endeavours to ensure that the details supplied by the Registrant
are entered into and maintained in the .nf zone file; and
(v) NIDS will, if the Application is not accepted, notify the Registrant
or its agent that the Application is not successful and the
reasons why.
NIDS’s breach or misrepresentation of these warranties shall constitute
a material breach of this Agreement. In the event of such material
breach by NIDS, the Registrant's only recourse against NIDS shall be to
terminate its Agreement with NIDS. NIDS EXPRESSLY DISCLAIMS ALL
OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, TO THE MAXIMUM EXTENT
POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. NIDS DOES NOT
GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR
ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND,
ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR
IMPLIED WARRANTY. NIDS'S SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND THE REGISTRANT AGREES THAT NIDS WILL
REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. NIDS
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DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE
REGISTRANT WILL BE AVAILABLEOR WILL BE SUCCESSFULLY REGISTERED,
AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF
OWNERSHIP IN A REGISTERED DOMAIN.
10. Breach. Failure of a Registrant to abide by any provision of this
Agreement or NIDS Policies may be considered a material breach. In
the event of such material breach, NIDS may provide a written notice
to the Registrant describing the breach. The Registrant in such event
then has thirty (30) days to rectify or cure such breach or to provide
evidence reasonably satisfactory to NIDS that there is no breach of this
Agreement or NIDS Policies. In the event of a breach that is not
rectified, cured or refuted by the Registrant to NIDS’s satisfaction, NIDS
may cancel the Registrant’s registration of and licence to use the
Domain without refund and without further notice and pursue any and
all legal remedies it may have against the Registrant. Any such breach
by the Registrant shall not be deemed excused in the event that NIDS
did not act earlier in response to the breach by Registrant.
11. Disputes Involving Registrants. The Registrant acknowledges that NIDS
cannot, and does not, screen or otherwise review any Application for
registration of the Domain to verify that the Registrant has legal rights
to use a particular word or term used in the Domain. In the event that
any party disputes the Registrant's legal right to use, display, exploit, or
register the Domain in any fashion, NIDS and the Registrant shall act in
accordance with and agree to be bound by NIDS’s Dispute Policy. The
Registrant is strongly encouraged to, prior to applying for registration of
the Domain, perform a trademark search with respect to the acronyms,
words and/or phrases comprising the Domain. The Registrant will be
solely liable in the event that the Registrant’s use of a Domain
constitutes an infringement or other violation of a third party’s rights.
The Registrant acknowledges that NIDS may from time to time modify,
vary, develop or implement other dispute resolution policies and the
Registrant agrees to be bound by any such policy where published by
NIDS or otherwise notified to the Registrant by NIDS.
12. Indemnity. The Registrant shall defend, indemnify, and hold harmless
NIDS and its officers, directors, shareholders, owners, managers,
employees, agents, contractors, affiliates, lawyers and attorneys ("NIDS
Related Parties") from and against any and all claims of third parties or
made by the Registrant, including, but not limited to all loss, liability,
claims, demands, damages, cost or expense, causes of action, suits,
proceedings, judgments, awards, executions and liens, including
reasonable lawyers or attorneys' fees (which lawyers or attorneys shall
be hired at the sole discretion of NIDS ) and costs (including claims
without legal merit or brought in bad faith), relating to or arising under
this Agreement, the registration or use of NIDS’s Domain registration or
other services, or to the Domain itself, including the Registrant's use,
display, exploitation, or registration of the Domain, as well as for any
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infringing or otherwise damaging content displayed or otherwise made
available on or by means of the Domain. If NIDS is threatened by
claims or suit of a third party, NIDS may seek written assurances from
the Registrant concerning the Registrant’s obligation to indemnify NIDS.
Failure to provide such written assurances is a material breach of this
Agreement. Failure of the Registrant to fully indemnify NIDS in a timely
manner will result in termination of the Registrant's registration to the
Domain and any such termination of the Domain shall in no way
prejudice NIDS ’s right to seek the indemnity by way of litigation or
otherwise.
13. Disclaimer; Limitation of Liability. The Registrant acknowledges and
agrees that, to the maximum extent possible, NIDS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE
INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE
DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
ADDITIONALLY, NIDS AND NIDS RELATED PARTIES SHALL NOT BE LIABLE
WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT
MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN
ARISING FROM "HACKING", DENIAL OF SERVICE ATTACK, VIRUS, WORM
OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE
OF THE DOMAIN. FINALLY, NIDS IS NOT LIABLE WHATSOEVER FOR ANY
DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR
SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT
SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS
DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY,
ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS,
OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER
SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR
INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF
THE .nf TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF
NIDS HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND
EVEN IF NIDS MAY FORESEE SUCH POSSIBLE DAMAGES. THE
REGISTRANT'S SOLE REMEDY FOR NIDS’S BREACH OF THIS AGREEMENT
SHALL BE, AT THE SOLE DISCRETION OF NIDS, THE RESUPPLY OF THE
GOODS OR SERVICES AGAIN, THE PAYMENT OF THE COST OF HAVING
THE GOODS REPAIRED OR REPLACED OR THE SERVICES SUPPLIED AGAIN,
OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE
BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE
REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT
DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT'S SOLE
REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN
TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY
PAID TO NIDS BY THE REGISTRANT.
14. Notices. Notices to NIDS shall be delivered by registered or certified
Mail, postage prepaid, or reputable commercial courier service (e.g.,
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Express Mail or Federal Express) in the manner of quickest delivery (i.e.,
overnight delivery, if possible) to:
Norfolk Island Data Services
617 Fletcher Christian Rd.
South Pacific 2899
Norfolk Island
Faxes may be sent to +67 2 322027 to initiate action but no
formal action will take place until signed originals are received.
Copy to:
Council of Country Code Administrators Limited
Christmas Island Technology Centre
Private Box 496
Christmas Island
Indian Ocean, 6798
Fax through to +61 8 9164 8183
Notices mailed by registered or certified official mail of a
country shall be deemed delivered on receipt.
15. Governing Law / Forum Selection. This agreement is governed by the
laws of Norfolk Island applicable to contracts made and performed in
Norfolk Island, without regard to conflict of laws principles. The
Registrant hereby consents to the exclusive personal jurisdiction of the
courts of Norfolk Island, for any and all claims or disputes arising out of,
to enforce, construe, or otherwise relating to the Domain, this
Agreement, or NIDS Policies. The exclusive venue for such action sha ll
be the Courts of Norfolk Island . The Registrant waives any right to
object to venue or jurisdiction based on inconvenient forum or for any
other reason, and the Registrant waives any statutory or other right
pursuant to the laws of the jurisdiction in which Registrant resides to
have a case relating to this Agreement adjudicated or resolved in that
jurisdiction.
16. Severability. If any provision of this Agreement is held invalid,
unenforceable, or void, the remainder of the Agreement shall not be
affected thereby and shall continue in full force and effect as nearly
as possible to reflect the original intention of NIDS and the Registrant in
executing this Agreement.
17. No Waiver. The failure of either party at any time to enforce any right
or remedy available to it under this Agreement with respect to any
breach or failure by the other party shall not be a waiver of such right
.nf ccTLD REGISTRATION AGREEMENT – http://www.nic.nf
10/20/2004 5:02 PM Page 11 of 11
or remedy with respect to any other breach or failure by the other
party.
18. Full Integration. This Agreement, together with NIDS Policies expressly
incorporated herein by reference, constitutes the entire agreement
between the Registrant and NIDS relating to the Domain. No prior or
contemporaneous written, oral, and electronic representation,
negotiation, or agreement form a part of this Agreement, and this
Agreement supersedes all prior written, oral, or electronic agreements
between the Registrant and NIDS relating to the Domain.
19. Written Agreement. This Agreement constitutes a written agreement
between Registrant and NIDS even though the Registrant's offer
underlying the Agreement may be dispatched electronically, and
even though NIDS may accept this Agreement electronically. A
printed version of this Agreement, and of any notice given in
electronic form related to this Agreement, shall be admissible in judicial
or administrative proceedings to the same extent, and subject to the
same restrictions, as other business contracts, documents, or records
originally generated and maintained in printed form.
20. Assignment. The parties agree that NIDS is able to assign this
Agreement to a third party on prior written notice to the Registrant.
21. Survival of Obligations. The parties agree that clauses 7, 8, 9, 10, 11 and
12 survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance
hereof by NIDS (i.e., the date of registration of the Domain).
* This AGREEMENT has been developed in consultation with other
members of the Council of Country Code Administrators (“CoCCA”).
Items in DARK GREEN indicate sections where .nf ccTLD policy has
been varied to reflect the values customs and laws of Norfolk Island.
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 self-regulation.
CoCCA is a non-profit, member owned company.

DISPUTE POLICY – NIDS
Norfolk Island ccTLD (.nf)
Modified: 20.10.04 Version 1.1
Effective:
Council of Country Code Administrators: HARMONISED POLICY *
.nf ccTLD DISPUTE POLICY – http://www.nic.nf
10/20/2004 4:18 PM Page 1 of 4
This DISPUTE POLICY ("Policy") is incorporated by reference into the Norfolk
Island Data Services (“NIDS”) Registration Agreement.
This Policy applies to registration of .nf domain names and to disputes
between Users and any third parties in relation to infringement of any rights of
such third parties arising from the registration of .nf domain names.
NIDS will register .nf country code Top Level Domain names (“ccTLDs”), and
handle disputes concerning the same as follows:
1. NIDS's Automated Registration Process. NIDS contracts the
maintenance of the master database for the .nf ccTLD, and is
responsible for accreditation of registrars who process applications to
register second level and prescribed third level .nf domain names
(each .nf domain name is herein referred to as a "Domain"). Any
natural person over the age of 18 years, and any legally recognized
entity, is eligible to register a Domain through NIDS and become the
"Registrant" of the respective Domain. NIDS cannot, and does not,
monitor, screen or otherwise review a Domain application to verify the
Registrant's legal rights to use a particular word or term in its Domain
prior to registration. The registration process is completely automated;
and a Registrant working through an Accredited Registrar inserts
information directly into the .nf ccTLD database and Domain
registration is facilitated for the Registrant automatically without
human intervention. A prospective registrant may register any .nf
Domain provided the requested Domain is not already registered or
administratively unavailable (e.g., Domains reserved for future use;
Domains on hold). Once the Domain is registered, for the agreed term,
no other party will be permitted to register the same Domain and the
Registrant will have an exclusive licence for use of the Domain, subject
to any order of a court in an applicable jurisdiction to the contrary, so
long as the Registrant pays its fees for the Domain, and complies with
all NIDS Policies and the NIDS Registration Agreement.
.nf ccTLD DISPUTE POLICY – http://www.nic.nf
10/20/2004 4:18 PM Page 2 of 4
2. NIDS Is Not Liable for Domain Infringing Rights of Third Parties. NIDS is
not liable or otherwise responsible for loss or damages or the potential
for irreparable harm caused by use, display, exploitation, or registration
of a Domain that may infringe upon a third party's rights, defame,
cause a likelihood of deception or confusion among consumers, or in
any other way injure or offend any party. By way of example, and not
limitation, NIDS is not liable for any claim or damages arising out of
registration, display, exploitation, or use of a Domain that may infringe
upon, tarnish, blur, or dilute the distinctiveness of a trademark, nor is
NIDS liable for a Domain that is identical or confusingly similar to the
name of a famous person or the trade name of a well known
enterprise. NIDS is a policy and licensing entity which does not pre -
screen applications or make individual determinations with regards to
the rights of any individual or entity to register a .nf Domain. NIDS may
take action in accordance with the NIDS Acceptable Use Policy
(“AUP”) when the use of a Domain infringes the provisions and
requirements of the AUP. In the event that a dispute arises with a third
party with respect to rights to a Domain, the Registrant shall indemnify
and hold harmless NIDS; pursuant to the terms and conditions of the
NIDS Registration Agreement.
3. Consumer Protection; Fair Trading Practices. If the Registrant is using
a .nf domain to sell goods or services over the Internet, it may be
required under certain applicable CoCCA recommendations or law to
publicly provide sufficient and accurate contact details on such
website so that consumers have the ability to contact the seller of such
goods or services. In the event that a .nf domain name registrant does
not follow such laws and recommendations, NIDS will provide the
contact details for the registrant in accordance with Section 4 below.
4. Domain Contact Information Request in the event of Domain Disputes.
Any person, entity or third party who believes that registration of a
Domain has been obtained by the Registrant in contravention of the
third party's legal rights, or that a Domain is being, or has been, used in
contravention of such party's legal rights should complete a Dispute
Policy Enforcement Form. NIDS will provide Registrant information to a
third party provided the request is consistent with the NIDS Privacy
Policy. A nominal administration fee may apply. The notice should be
delivered according to notice provision, Section 6 below, and should
be signed by the Requesting Party or its counsel. The notice must
provide: (i) the Domain subject to the dispute, and (ii) the nature of the
dispute, including legal causes of action and factual basis supporting
the Requesting Party's claims.
.nf ccTLD DISPUTE POLICY – http://www.nic.nf
10/20/2004 4:18 PM Page 3 of 4
5. Dispute Resolution.
NIDS will not resolve, or in any other way become involved in, a dispute
between a Registrant and a third party (e.g., NIDS will not act as an
arbiter or mediator of a dispute). Moreover, NIDS will not suspend or
cancel a Domain, transfer registration of a Domain, nor place a
Domain on hold without a court order so directing, or without the
Registrant's voluntary relinquishment or transfer of the Domain, unless
the use of the Domain is deemed at the sole discretion of NIDS, to be a
violation of the provisions and requirements of the AUP and terms of
use of the NIDS Network. If any person, entity or third party who
believes that registration of a Domain has been obtained by the
Registrant in contravention of the third party's legal rights, or that a
Domain is being, or has been, used in c ontravention of such party's
legal rights, such third party may commence legal proceedings
against the Registrant in a court in a relevant jurisdiction, seeking
orders for the cancellation or transfer of the Domain. NIDS should not
be named as a party to any such proceeding, and no cause of action
should lie against NIDS in such event.
6. Compliance with Court Orders. NIDS will comply with valid court order(s)
of a court in a relevant jurisdiction relating to a Domain when the court
order (i) is signed by a judge, magistrate, or commissioner; (ii) identifies
a specific Domain; (iii) unambiguously describes action that the court
directs to be taken with respect to that specific Domain; and (iv)
names the Registrant of the subject Domain; and which (v) NIDS has
the technical and legal ability to carry out. Any party that wishes for
NIDS to take action in accordance with a court order should deliver
the respective order to NIDS pursuant to the notice provision of Section
7 below. The order should not name NIDS as a party. In the event that
a court order is delivered to NIDS which does not meet the
requirements of this Section 6 (e.g., an order signed by a clerk of court
but not a judge; an ambiguous order; etc.), such order shall be
deemed defective or invalid. NIDS will notify the delivering party about
the defect(s) in the order, and request that the delivering party move
the court for an amended order which cures the defect(s).
7. Notices. Notices to NIDS shall be delivered by registered or certified
Mail, postage prepaid, or reputable commercial courier service (e.g.,
Express Mail or Federal Express) in the manner of quickest delivery (i.e.,
overnight delivery, if possible) to:
.nf ccTLD DISPUTE POLICY – http://www.nic.nf
10/20/2004 4:18 PM Page 4 of 4
Norfolk Island Data Services
617 Fletcher Christian Rd.
South Pacific 2899
Norfolk Island
Faxes may be sent to +67 2 322027 to initiate action but no formal
action will take place until signed originals are received.
Copy to:
Council of Country Code Administrators Limited
Christmas Island Technology Centre
Private Box 496
Christmas Island
Indian Ocean, 6798
Fax through to +61 8 9164 8183
Notices mailed by registered or certified official mail of a country shall
be deemed delivered on receipt.
* This Dispute Policy has been developed in consultation with other
members of the Council of Country Code Administrators (“CoCCA”).
Items in DARK GREEN indicate sections where .nf ccTLD policy has
been varied to reflect the values customs and laws of Norfolk Island.
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 self-regulation.
CoCCA is a non-profit, member owned company.