Norfolk Island ccTLD (.nf) Acceptable Use Policy ("AUP")
Monday, 5 August 2019
This Acceptable Use Policy ("AUP") sets out the actions prohibited to users of the Norfolk Island Data
Services administered registry (“NIDS” registry). “Users” are defined as anyone who uses or accesses
the .nf domain registry, who has responsibility for one or more host or contact records in the .nf registry,registrants of a .nf Domain name and/or users of hardware, name servers, bandwidth, zone files, e-mailrouting services or of any other .nf domain name resolution systems and services provided by, or overseen
by, NIDS.
This policy applies recursively to all .nf Domain names (which end in the two-letter suffix .nf), including
second-level .nf Domain names (such as <nic.nf>) and sub second-level domains (such as<example.nic.nf>) which resolve as a result of sub-delegation.
This AUP is in addition to rules governing qualifications for registration. Use of a .nf Domain name or
the NIDS registry in a manner that contravenes this AUP, may result in the suspension or revocation ofa registrant’s right to use a .nf Domain name or to continue to be recognized as the registrant of a .nf
Domain name. Suspension or revocation may apply to one or more .nf Domain names for which User isa registrant in addition to a particular .nf Domain name which may have given rise to a particularcomplaint.
NIDS reserves the right to modify or update this AUP at any time and any such modifications orrestatements shall be posted on NIDS’s website at https://nic.nf from time to time. NIDS will use
reasonable commercial efforts to inform designated contacts in the event of changes to this AUP. Suchefforts may include posting the revised AUP on NIDS’s website and/or sending email notice that thisAUP has been modified or updated.
INTRODUCTION•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 orweb site made accessible by domain name resolution services in the .nf ccTLD.

•NIDS may discontinue, suspend, or modify the services provided to any .nf Domain name (forexample, through modification of .nf zone files), to address alleged violations of this AUP (describedfurther below). NIDS may determine in its sole discretion whether use of the NIDS registry or a .nf
Domain name is prima facie violation of this AUP. NIDS or affected parties may utilize the NIDSAUP CRS and/or the courts in the jurisdiction and venue specified in the Registrant Agreement toresolve disputes over interpretation and implementation of this AUP, as described more fully in theNIDS AUP CRS.

•Users of the NIDS registry are obliged and required to ensure that their use of a .nf Domain name or
the NIDS registry is at all times lawful and in accordance with the requirements of this AUP andapplicable laws and regulations of Australia, the operation of the .nf ccTLD falling with thejurisdiction and being governed by the laws of Australia.

•This AUP should be read in conjunction with the NIDS Registrant Agreement, Complaint
Resolution Policy, Privacy Policy, and other applicable agreements, policies, laws and regulations.
By way of example, and without limitation, the Registrant Agreement sets forth representations andwarranties and other terms and conditions, breach of which may constitute non-compliance with thisAUP.

PROHIBITED USE
A “Prohibited use” of the NIDS registry or a .nf Domain name is a use which is expressly
prohibited by provisions of this AUP. The non-exhaustive list of restrictions pertaining to use of
the NIDS registry and .nf Domain names in relation to various purposes and activities are as
follows. Registration of one or more .nf Domain names or access to services provided by NIDS
may be cancelled or suspended for any breach of, or non-compliance with this AUP:

Norfolk Island ccTLD (.nf) Acceptable Use Policy ("AUP")
Monday, 5 August 2019
1.

COMPLIANCE WITH LAW

1.1

The NIDS registry and .nf Domain names must only be used for lawful purposes. The creation,transmission, distribution, storage of, or linking to any material in violation of applicable law orregulation is prohibited. This may include, but is not limited to, the following:(1)

Communication, publication or distribution of material (including through links orframing) that infringes upon the intellectual and/or industrial property rights of anotherperson. Intellectual and/or industrial property rights include, but are not limited to:copyrights (including future copyright), design rights, patents, patent applications,trademarks, rights of personality, and trade secret information.

(2)

Use of a .nf Domain name in circumstances in which:
(a)

(b)

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 relevant
Australia agency, or a trade or service mark in which a third-party complainant
has uncontested rights, including without limitation in circumstances in which:(i)

The use deceives or confuses others in relation to goods or services forwhich a trade mark is registered in Australia, or in respect of similar
goods or closely related services, against the wishes of the registeredproprietor of the trade mark; or(ii)The use deceives or confuses others in relation to goods or services inrespect of which an unregistered trade mark or service mark has become
distinctive of the goods or services of a third party complainant, and inwhich the third party complainant has established a sufficient reputationin Australia, against the wishes of the third party complainant; or(iii)

The use trades on or passes-off a .nf Domain name or a website or othercontent or services accessed through resolution of a .nf Domain as being
the same as or endorsed, authorised, associated or affiliated with theestablished business, name or reputation of another; or(iv)The use constitutes intentionally misleading or deceptive conduct inbreach of NIDS policy, or the laws of Australia; orThe .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
unlawfully disrupting the business or activities of another person; or(ii)By using the .nf Domain name, the User has intentionally created alikelihood of confusion with respect to the third party complainant’s
intellectual or industrial property rights and the source, sponsorship,affiliation, or endorsement of website(s), email, or other online locations
or services or of a product or service available on or through resolutionof a .nf Domain name;(iii)

For the purpose of unlawfully selling, renting or otherwise transferringthe Domain name to an entity or to a commercial competitor of an entity,
for valuable consideration in excess of a User’s documented out-ofpocket costs directly associated with acquiring the Domain Name;Norfolk Island ccTLD (.nf) Acceptable Use Policy ("AUP")
Monday, 5 August 2019(iv)

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

(3)

A .nf 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 trademarks inwhich the User has no apparent rights, and the .nf Domain name is part of that pattern;(4)

The .nf Domain name was registered arising out of a relationship between two parties,
and it was mutually agreed, as evidenced in writing, that the Registrant would be an entity
other than that currently in the register.

(5)

Unlawful communication, publication or distribution of registered and unregisteredknow-how, confidential information and trade secrets.

(6)

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 Australia would
consider to be obscene or indecent) where such communication, publication ordistribution is prohibited by or constitutes an offence under the laws of Australia, 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 .nf ccTLD.
Material that a reasonable member of the community of Australia 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 ofviolence, or how to prepare and/or use illegal drugs.

(7)

Communication, publication or distribution of defamatory material or material that
constitutes racial vilification.

(8)

Communication, publication or distribution of material that constitutes an illegal threator encourages conduct that may constitute a criminal offence.

(9)

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

(10)Use, communication, publication or distribution of software, technical information orother data that violates Australia export control laws.

(11)

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 registry from engaging in the following activities:(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, 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 email messages or other electronic communications would in such event constitute Spamand violate the provisions and requirements of this AUP.

Norfolk Island ccTLD (.nf) Acceptable Use Policy ("AUP")
Monday, 5 August 2019(2)

Communicating, transmitting or sending any material by e-mail or otherwise thatharasses, 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 e-mail andflooding a User, site, or server with very large or numerous pieces of e-mail orillegitimate service requests.

(3)

Communicating, transmitting, sending, creating, or forwarding fraudulent offers to sellor buy products, messages about "Make-Money Fast", "Pyramid" or "Ponzi" typeschemes or similar schemes, and "chain letters" whether or not the recipient wishes toreceive such messages.

(4)

Adding, removing, modifying or forging NIDS registry or other network header
information with the effect of misleading or deceiving another person or attempting toimpersonate another person by using forged headers or other identifying information("Spoofing").

3.

DISRUPTION OF NIDS REGISTRY

3.1

No-one may use the NIDS registry or a .nf Domain name for the purpose of:(1)

Restricting or inhibiting any person in their use or enjoyment of the NIDS registry or a.nf Domain name or any service or product of NIDS.

(2)Actually, or purportedly reselling NIDS services and products without the prior writtenconsent 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 theNIDS Network.

(5)

Facilitating or aiding the transmission of confidential information, private, or stolen datasuch as credit card information (without the owner’s or cardholder's consent).

4.

CONSUMER PROTECTION, FAIR TRADING

4.1

A User using a .nf Domain 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 tocontact the seller of such goods or services, and so that customers and prospective customers areclearly 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. In the event that it is credibly alleged thata .nf Domain name registrant has not followed such laws, NIDS will furnish 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;Norfolk Island ccTLD (.nf) Acceptable Use Policy ("AUP")
Monday, 5 August 2019

5.2

(4)

probing the security of other networks;(5)executing any form of network monitoring which will intercept data not intended for suchuser.

(6)

Hosting malware on a .nf website

Users are prohibited from effecting any network security breach or disruption of any Internet
communications including, but not limited to:(1)

accessing data of which such User is not an intended recipient; or(2)logging onto a server or account which such User is not expressly authorised to access.

For the purposes of this section 5.2, "disruption" includes, but is not limited to:port scans, ping floods, packet spoofing;forged routing information;
deliberate attempts to overload a service, and attempts to "crash" host;using the NIDS registry in connection with the use of any program, script, command, or
sending of messages to interfere with another user's terminal session by any means,
locally or by the Internet.
5.3

Users who compromise or disrupt NIDS registry systems or security may incur criminal or civil
liability. NIDS will investigate any such incidents and will cooperate with law enforcement
agencies if a crime is suspected to have taken place.

NON-EXCLUSIVE, NON-EXHAUSTIVE
This AUP is intended to provide guidance as to what constitutes acceptable use of the NIDS
registry and of .nf Domain names. However, the AUP is neither exhaustive nor exclusive.
COMPLAINTS
Persons who wish to notify NIDS of abusive conduct in violation of this AUP may report thesame pursuant to the NIDS Acceptable Use Policy Enforcement Procedure, which is instituted
by submitting to NIDS a completed NIDS Acceptable Use Policy Violation Complaint Form.
ENFORCEMENTNIDS may, in its sole discretion, suspend or terminate a User's service for violation of any of therequirements or provisions of the AUP on receipt of a complaint if NIDS believes suspension ortermination is necessary to comply with the law, protect the public interest, prevent unlawful
activity or protect the health, safety, or privacy of an individual.
If immediate action is not required, NIDS will work with Registrants and a complainant toremedy violations in accordance with the provisions detailed in the AUP Complaint Resolution
Service and Policy to ensure compliance with this AUP violation prior to suspension orterminating service.
LIMITATION OF LIABILITY

Norfolk Island ccTLD (.nf) Acceptable Use Policy ("AUP")
Monday, 5 August 2019
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 thisAUP, including, but not limited to, any lost profits, business interruption, loss of programs orother data, or otherwise, even if NIDS was advised of the possibility of such damages. NIDS’sliability for any breach of a condition or warranty implied by the Registrant Agreement or thisAUP shall be limited to the maximum extent possible to one of the following (as NIDS maydetermine):(i)

supplying the services again; or(ii)paying the cost of having the services supplied again.

REMOVAL OF CONTENT RESPONSIBILITY
At its sole discretion, NIDS reserves the right to:(i)Remove or alter content, zone file data or other material from registry servers provided
by any person that violates the provisions or requirements of this AUP; or(ii)terminate access to the NIDS registry 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, email message, or web site regardless of whether access to such content or message was facilitatedby the NIDS Network. NIDS does not have any duty to take any action with respect to suchcontent or message by creating this AUP, and Users of the NIDS registry are obliged and required
to ensure that their use of a .nf Domain name or the NIDS registry is at all times in accordancewith the requirements of this AUP and any applicable laws and/or regulation.