Acceptable Use Policy
Namibian Network Information Center (Pty) Ltd
2023-05-06
1 Introduction
1. This Acceptable Use Policy (“AUP”) sets out theactions prohibited to Users of the Namibian Network Information Centre (cc) (“NA-NiC“) Network (“NA-NiC Network“).
2. “Users“ are defined as
2.1. Registrants of a .NA® country code Top
Level (“ccTLD“) Domain Name (“.NA Domain Name“),
2.2. anyone who has responsibility for one ormore host records in the .NA zone files generated from the .NA® Register,
2.3. anyone who uses or accesses the .NA® Domain Name Register,
2.4. and/or users of
2.4.1. hardware,
2.4.2. Name Servers,2,

2.4.3. bandwidth,

2.4.4. telecommunications transport,
2.4.5. zone files
2.4.6. e-mailtfar
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2.4.7. routing services

6. NA-NiC reserves the right to modify or update
this AUP at any time and any such modifications or restatements shall be posted on NA-NiC’s
website at http://www.na-nic.com.NA from time
to time. NA-NiC will use reasonable commercial efforts to inform designated contacts in theevent of changes to this AUP. Such efforts may include posting the revised AUP on NA-NiC’s website and/or sending email notice that this AUP has
been modified or updated.

in the .NA® Register and zone.

3. This AUP applies to all .NA® Domain Names(which end in the two letter suffix .NA), including second-level .NA® Domain Names (such ascom.NA) and sub second-level Domain Names(such as omadhina.co.NA) which resolve as a result of sub-delegation.
4. This AUP is in addition to rules governing qualifications for registration.
5. Use of a .NA® Domain Name or the NA-NiC Network in a manner that contravenes this AUP, may
result in the suspension or revocation of a Registrant’s right to use a .NA® Domain Name or tocontinue to be recognized as the Registrant of a.NA® Domain Name. Suspension or revocation

5607. NA-NiC supports the free flow of informationand ideas over the Internet. Accordingly, NA-NiC
does not actively screen or monitor, nor does it
exercise editorial control over the content of any
message or web site made accessible by Domain
Name resolution services in the .NA® ccTLD.

03202.4.8. any other Domain Name resolution systems and services

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may apply to one or more .NA® Domain Names
for which User is a Registrant in addition to aparticular .NA® Domain Name which may havegiven rise to a particular complaint.

8. NA-NiC may discontinue, suspend, or modify theservices provided to any .NA® Domain Name(for example, through modification of .NA® zonefiles), to address alleged violations of this AUP(described further below).
9. NA-NiC may determine in its sole discretion
whether use of the NA-NiC network or a .NA® Domain Name is a prima facie violation of this AUP.

10. NA-NiC or affected parties may utilize the Council of Country Code Administrators (“CoCCA“) Acceptable Use Policy Complaint Resolution Services (“CRS“) to resolve disputes over interpretation and implementation of this AUP, asdescribed more fully in the CRS available athttps://cocca.org.nz/.
11. Users of the NA-NiC Network are obliged and required to ensure that their use of a .NA® Domain
Name or the NA-NiC Network is at all times lawful and in accordance with the requirements ofthis AUP and applicable laws and regulations ofNamibia, the operation of the .NA® ccTLD fallingwith the jurisdiction and being governed by thelaws of Namibia.
12. This AUP should be read in conjunction with applicable agreements, policies, laws and regulations.

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13. By way of example, and without limitation,agreement between the User and Registrar may
set forth representations and warranties andother terms and conditions, the breach of which
may constitute non-compliance with this AUP.

16.2.1.1. The use deceives or confuses others in relation to goods or services
for which a trade mark is registeredin Namibia, or in respect of similar goods or closely related services,against the wishes of the registeredproprietor of the trade mark; or2 Prohibited Use

16.2.1.2. The use deceives or confuses 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 servicesof a third party complainant, and inwhich the third party complainant
has established a sufficient reputation in Namibia, against the wishesof the third party complainant; or

14. A “Prohibited Use“ of the NA-NiC Network or a.NA® Domain Name is a use which is expressly
prohibited by provisions of this AUP.
15. Registration of one or more .NA® Domain Namesor access to services provided by NA-NiC may becanceled or suspended for any breach of, or noncompliance with this AUP.

16.2.1.3. The use trades on or passes-off a.NA® Domain Name or a website orother content or services accessed
through resolution of a .NA® Domain
as being the same as or endorsed,authorized, associated or affiliatedwith the established business, nameor reputation of another; or3 Compliance With Law
16. The NA-NiC Network and .NA® Domain Names
must only be used for lawful purposes. The creation, transmission, distribution, storage of, orlinking to any material in violation of applicable law or regulation is prohibited. This may include, but is not limited to, the following:

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16.1.1. Copyrights (including future Copyright),
16.1.2. design rights,
16.1.3. patents,

16.1.4. patent applications,16.1.5. Trade Marks,

16.1.6. rights of personality, and16.1.7. trade secret information.
16.2. Use of a .NA® Domain Name in circumstances in which:16.2.1. The .NA® Domain Name is identical or
confusingly similar to a personal name,company, business or other legal or
trading name as registered with the relevant Namibia agency, or a trade or service mark in which a third party complainant has uncontested rights, including without limitation in circumstancesin which:

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16.1. Communication, publication or distributionof material (including through links or framing) that infringes upon the intellectualand/or industrial property rights of anotherperson. Intellectual and/or industrial property rights include, but are not limited to:560

16.2.1.4. The use constitutes intentionally
misleading or deceptive conduct inbreach of CoCCA recommendations,or the laws of Namibia; or

16.2.2. The .NA® Domain Name has been usedin bad faith, including without limitation the following:
16.2.2.1. The User has used the .NA® Domain
Name primarily for the purpose of
unlawfully disrupting the businessor activities of another person; or16.2.2.2. By using the .NA® Domain Name, theUser has intentionally created a likelihood of confusion with respect tothe third party complainant’s intellectual or industrial property rights
and the source, sponsorship, affiliation, or endorsement of website(s),email, or other online locations orservices or of a product or service
available on or through resolution ofa .NA® Domain Name;
16.2.2.3. For the purpose of unlawfully selling, renting or otherwise transferring the Domain Name to an entity
or to a commercial competitor of anentity, for valuable consideration inexcess of a User’s documented outof-pocket costs directly associatedwith acquiring the Domain Name;

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16.2.2.4. As a blocking registration against a
name or mark in which a third party
has superior intellectual or industrial property rights.

16.7. Communication, publication or distributionof material that constitutes an illegal threator encourages conduct that may constitute a
criminal offense.

16.2.2.5. A .NA® Domain Name registration
which is part of a pattern of registrations where the User has registered
Domain Names which correspond to
well known names or trade marks
in which the User has no apparent
rights, and the .NA® Domain Nameis part of that pattern;

16.8. Communication, publication or distributionof material that is in contempt of the ordersof a court or another authoritative government actor within Namibia.

16.2.2.6. The .NA® Domain Name was registered arising out of a relationship between two parties, and it was mutually agreed, as evidenced by a writing, that the Registrant would be anentity other than that currently inthe Register.

16.10. 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 collectedwithout their knowledge or consent.

16.3. Unlawful communication, publication or
distribution of registered and unregisteredknow-how, confidential information andtrade secrets.
16.4. Communication, publication or distribution, either directly or by way of embedded links, of images or materials (including, but not limited to pornographic material and images or materials that a reasonable person as a member of the community of Namibia would consider to be obscene or indecent) where such communication, publication or distribution is prohibited by or constitutes an offense under thelaws of Namibia or within the meaning ofthe CoCCA recommended policies, whether
incorporated directly into or linked from a
web site, email, posting to a news group,internet forum, instant messaging notice
which makes use of Domain Name resolution services in the .NA® ccTLD.

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4 Electronic Mail

16.6. Communication, publication or distributionof defamatory material or material that constitutes racial vilification.

56017. NA-NiC expressly prohibits Users of the NA-NiC
Network from engaging in the following activities:

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17.1. Communicating, transmitting or sending
unsolicited bulk e-mail messages or otherelectronic communications (“Junk Mail“ or“Spam“) of any kind including, but not limited to,20

16.5. Material that a reasonable member of thecommunity of Namibia would consider
pornographic, indecent, and/or obscene or
which is otherwise prohibited includes, by
way of example and without limitation,
real or manipulated images depicting childpornography, bestiality, excessively violent
or sexually violent material, sexual activity, and material containing detailed instructions regarding how to commit a crime, an
act of violence, or how to prepare and/or use
illegal drugs.

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16.9. Use, communication, publication or distribution of software, technical information orother data that violates export control laws
or CoCCA recommendations.

17.1.1. unsolicited commercial advertising,
17.1.2. informational announcements,
17.1.3. political or religious tracts.
Such messages or material may be sent only
to those who have expressly requested it. Ifa recipient asks a User to stop sending suche-mails, then any further e-mail messages orother electronic communications would insuch event constitute Spam and violate theprovisions and requirements of this AUP.

17.2. 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, site, or server withvery large or numerous pieces of e-mail or
illegitimate service requests.
17.3. Communicating, transmitting, sending, creating, or forwarding fraudulent offers tosell or buy products, messages about “MakeMoney Fast“, “Pyramid“ or “Ponzi“ typePage 3 of 5schemes or similar schemes, and “Chain Letters“ whether or not the recipient wishes toreceive such messages.
17.4. Adding, removing, modifying or forging NANiC Network or other network header information with the effect of misleading or deceiving another person or attempting to impersonate another person by using forgedheaders or other identifying information(“Spoofing“).

20. 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 NA-NiC
Network. This includes, but is not limited to:
20.1. accessing data not intended for such user;
20.2. logging into a server or account which suchuser is not expressly authorized to access;20.3. falsifying a user name or password;

5 Disruption of NA-NiC Network

20.4. probing the security of other networks;

18. No-one may use the NA-NiC Network or a .NA®
Domain Name for the purpose of:
18.1. Restricting or inhibiting any person in theiruse or enjoyment of the NA-NiC Network ora .NA® Domain Name or any service or product of NA-NiC.
18.2. Actually or purportedly reselling NA-NiC
services and products without the priorwritten consent of NA-NiC.
18.3. Transmitting any communications or activity which may involve deceptive marketing
practices such as the fraudulent offering ofproducts, items, or services to any otherparty.

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20.5. executing any form of network monitoring
which will intercept data not intended forsuch user.
21. Users are prohibited from effecting any network
security breach or disruption of any Internet
communications including, but not limited to:

18.5. Facilitating or aiding the transmission ofconfidential information, private, or stolen
data such as credit card information (without the owner’s or cardholder’s consent).

6 Consumer Protection, Fair Trading
19. A User using a .NA® Domain Name to sell goods
or services over the Internet must 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 it is credibly allegedthat a .NA® Domain Name Registrant has not followed these rules, NA-NiC may furnish the contact details for the Registrant in accordance withthe NA-NiC Privacy Policy.

56021.1. accessing data of which such User is not anintended recipient; or
21.2. logging onto a server or account which such
User is not expressly authorized to access.

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22. For the purposes of sections 7 and 5, “disruption“includes, but is not limited to:20

18.4. Providing false or misleading information to
NA-NiC or to any other party through theNA-NiC Network.

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7 Network Integrity and Security

22.1. port scans, ping floods, packet spoofing;
22.2. forged routing information;
22.3. deliberate attempts to overload a service,and attempts to “crash“ host;22.4. using the NA-NiC Network in connection
with the use of any program, script, command, or sending of messages to interferewith another user’s terminal session by anymeans, locally or by the Internet.

23. Users who compromise or disrupt NA-NiC Network systems or security may incur criminal orcivil liability. NA-NiC will investigate any such incidents and will cooperate with law enforcement
agencies if a crime is suspected to have takenplace.

8 Non-Exclusive, Non-Exhaustive
24. This AUP is intended to provide guidance as towhat constitutes acceptable use of the NA-NiC
Network and of .NA® Domain Names. However,the AUP is neither exhaustive nor exclusive inwhich case NA-NiC may, in its sole discretion, reasonably determine whether an action by a Useris prohibited use.

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9 Complaints

12 Removal of Content Responsibility

25. Persons who wish to notify NA-NiC of abusive
conduct in violation of this AUP may report thesame by email addressed to30. At its sole discretion, NA-NiC reserves the rightto:

25.1. accounts@omadhina.co.NA, in cases relating to Namibian Registrants and or Namibian Registrars and/or their Resellers;
25.2. directors@omadhina.NET, in cases relating
to Foreign Registrants and or Foreign Registrars and/or their Resellers; and25.3. dns-admin@na-nic.com.NA, in cases whereparagraphs 25.1 or 25.2 have not resulted
in a satisfactory resolution within a reasonable time frame.

10 Enforcement
26. NA-NiC may, in its sole discretion, suspend or terminate a User’s service (or instruct the .NA® Register operator to do so) for violation of any of therequirements or provisions of the AUP on receiptof a complaint if NA-NiC believes suspension ortermination is necessary to comply with the law,
protect the public interest, prevent unlawful activity or protect the health, safety, or privacy ofan individual.

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11 Limitation of Liability

30.2. terminate access to the NA-NiC Network by
any person that NA-NiC determines has violated the provisions or requirements of thisAUP.
31. In any regard, NA-NiC is not responsible for thecontent or message of any newsgroup posting, email message, or web site regardless of whether
access to such content or message was facilitatedby the NA-NiC Network. NA-NiC does not haveany duty to take any action with respect to suchcontent or message by creating this AUP, andUsers of the NA-NiC Network are obliged and required to ensure that their use of a .NA® Domain
Name or the NA-NiC Network is at all times in accordance with the requirements of this AUP and
any applicable laws and/or regulations.

5032027. If immediate action is not required, NA-NiC will
work with Registrants and a complainant to remedy violations to ensure compliance with thisAUP prior to suspension or terminating service.

2,30.1. Remove or alter content, zone file data orother material from its servers (or instructthe the .NA® Register operator tp do so) provided by any person that violates the provisions or requirements of this AUP; or

6028. In no event shall NA-NiC (or the .NA® Register operator) be liable to any User of the NA-NiC 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 NA-NiC was advised of thepossibility of such damages.
29. NA-NiC’s (or the .NA® Register operator’s) liability for any breach of a condition or warranty implied by this AUP shall be limited to the maximum extent possible to one of the following (asNA-NiC may determine):
29.1. supplying the services again; or
29.2. paying the cost of having the services supplied again.

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