University of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

Note: Substantive modifications and updates to the previous .GY Registrant
Agreement are highlighted in yellow.
This Acceptable Use Policy ("AUP") sets out the actions prohibited to users of the ICT
University of Guyana, Centre for Information Technology (NICGY) network. “Users” aredefined as anyone who uses or accesses the .GY domain registry, who has
responsibility for one or more host records in the .GY zone files generated from the .GY
registry, registrants of a .GY country code Top Level (“TLD”) Domain name (“.GY
Domain name”), and/or users of hardware, name servers, bandwidth,
telecommunications transport, zone files or e-mail routing services or of any otherdomain name resolution systems and services in the .GY registry and zone.
This AUP policy applies recursively to all Domain names which end in the two letter
suffix “.GY”, this includes both second-level .GY Domain names (such as <nic.GY>)
and sub second-level domains (such as <example.nic.GY>) which are maintained in
the authoritative .GY register (managed by NICGY); and those that are createdoutside the NICGY TLD register and resolve as a result of sub-delegation by aRegistrant.
No reference in this document constitutes a licence to sub-delegate or otherwise sublicence any right obtained under the .GY Registrant Agreement, this AUP or otherapplicable .GY TLD Policies.
This AUP is in addition to rules governing qualifications for registration. Use of a .GY
Domain name or the NICGY Network in a manner that contravenes this AUP, may
result in the suspension or revocation of a registrant’s right to use a .GY Domain nameor to continue to be recognized as the registrant of a .GY Domain name. Suspension
or revocation may apply to one or more .GY Domain names for which User is a
registrant in addition to a particular .GY Domain name which may have given rise toa particular complaint.
NICGY reserves the right to modify or update this AUP at any time and any suchmodifications or restatements shall be posted on NICGY’s website at http://nic.gy
from time to time. NICGY will use reasonable commercial efforts to inform designatedcontacts in the event of changes to this AUP. Such efforts may include posting therevised AUP on NICGY’s website and/or sending email notice that this AUP has been
modified or updated.
INTRODUCTION•NICGY supports the free flow of information and ideas over the Internet. NICGY
does not exercise editorial control over the content of any message or web sitemade accessible by domain name resolution services in the .GY TLD.

•NICGY may discontinue, suspend, or modify the services provided to the registrant
of a .GY Domain name (for example, through modification of .GY zone files), toaddress alleged violations of this AUP (described further below). NICGY may
determine in its sole discretion whether use of the NICGY network or a .GY Domainname is prima facie violation of this AUP. NICGY or affected parties may utilize the
NICGY AUP CRS and/or the courts in the jurisdiction and venue specified in theRegistrant Agreement to resolve disputes over interpretation and implementationof this AUP, as described more fully in the NICGY AUP CRS.
University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011•

Users of the NICGY Network are obliged and required to ensure that their use of a
.GY Domain name or the NICGY Network is at all times lawful and in accordancewith the requirements of this AUP and applicable laws and regulations of Guyana.

•

This AUP should be read in conjunction with the NICGY Registrant Agreement,
Complaint Resolution Policy, Privacy Policy, Acceptable Use Policy, and otherapplicable agreements, policies, laws and regulations. By way of example, andwithout limitation, the Registrant Agreement sets forth representations andwarranties and other terms and conditions, breach of which may constitute noncompliance with this AUP.

PROHIBITED USE
A “Prohibited use” of the NICGY Network or a .GY Domain name is a use whichis expressly prohibited by provisions of this AUP. The non-exhaustive list ofrestrictions pertaining to use of the NICGY Network and .GY Domain names inrelation to various purposes and activities are as follows. Registration of one ormore .GY Domain names or access to services provided by NICGY may becancelled or suspended for any breach of, or non-compliance with this AUP:
1.

COMPLIANCE WITH NICGY AUP

1.1

The NICGY Network and .GY Domain names must be used for lawful purposesand comply with this AUP. The creation, transmission, distribution, storage of, or
linking to any material in violation of applicable law or regulation or this AUP is
prohibited. This may include, but is not limited to, the following:(1)

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

(2)

Registration or use of a .GY Domain name in circumstances in which, inthe sole discretion of the NICGY:(a)

The .GY Domain name is identical or confusingly similar to apersonal name, company, business or other legal or trading nameas registered with the relevant Guyana agency, or a trade orservice 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 orservices for which a trade mark is registered in Guyana, orin respect of similar goods or closely related services,against the wishes of the registered proprietor of the trade
mark; or(ii)

The use deceives or confuses others in relation to goods orservices in respect of which an unregistered trade mark orservice mark has become distinctive of the goods orservices of a third party complainant, and in which the third

University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

party complainant has established a sufficient reputation in
Guyana, against the wishes of the third party complainant;
or

(b)

(iii)

The use trades on or passes-off a .GY Domain name or a
website or other content or services accessed throughresolution of a .GY Domain as being the same as orendorsed, authorised, associated or affiliated with theestablished business, name or reputation of another; or(iv)

The use constitutes intentionally misleading or deceptive
conduct in breach of NICGY policy, or the laws of Guyana; or

The .GY Domain name has been used in bad faith, including
without limitation the following:(i)

The User has used the .GY Domain name primarily for the
purpose of unlawfully disrupting the business or activities ofanother person; or(ii)

By using the .GY Domain name, the User has intentionallycreated a likelihood 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 ofa product or service available on or through resolution of a
.GY Domain name;(iii)

For the purpose of selling, renting or otherwise transferringthe Domain name to an entity or to a commercial
competitor of an entity, for valuable consideration inexcess of a User’s documented out-of-pocket costs directly
associated with acquiring the Domain Name;(iv)

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

(3)

A .GY Domain name registration which is part of a pattern ofregistrations where the User has registered domain names whichcorrespond to well known names or trade marks in which the User has noapparent rights, and the .GY Domain name is part of that pattern;(4)

The .GY Domain name was registered arising out of a relationshipbetween two parties, and it was mutually agreed, as evidenced inwriting, that the Registrant would be an entity other than that currently inthe register.

(5)

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

(6)

Publication or distribution of content which, in the opinion of the NICGY:

University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

(7)

(a)

is capable of disruption of systems in use by other Internet users orservice providers (eg viruses or malware);(b)seeks or apparently seeks authentication or login details used byoperators of other Internet sites (e.g. phishing); or(c)may mislead or deceive visitors to the site that the site has anaffiliation with the operator of another Internet site (e.g. phishing).

Communication, publication or distribution, either directly or by way ofembedded links, of images or materials (including, but not limited topornographic material and images or materials that a reasonable
person as a member of the community of Guyana would consider tobe obscene or indecent) where such communication, publication or
distribution is prohibited by or constitutes an offence under the laws ofGuyana , 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 .GY TLD.
Material that a reasonable member of the community of Guyana
would consider pornographic, indecent, and/or obscene or which isotherwise prohibited includes, by way of example and without limitation,
real or manipulated images depicting child pornography, bestiality,
excessively violent or sexually violent material, sexual activity, andmaterial containing detailed instructions regarding how to commit acrime, an act of violence, or how to prepare and/or use illegal drugs
Communication, publication or distribution of defamatory material ormaterial that constitutes racial vilification.

(8)

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

(9)

Communication, publication or distribution of material that is incontempt of the orders of a court or another authoritative government
actor within Guyana .

(10)Use, communication, publication or distribution of software, technicalinformation or other data that violates Guyana export control laws.

(11)

Use, communication, publication or distribution of confidential or
personal information or data including confidential or personal
information about persons that collected without their knowledge orconsent.

2.

ELECTRONIC MAIL

2.1

NICGY expressly prohibits Users of the NICGY Network from engaging in thefollowing activities:(1)

Communicating, transmitting or sending unsolicited bulk e-mailmessages or other electronic communications ("junk mail" or "Spam") of
any kind including, but not limited to, unsolicited commercial

University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

advertising, informational announcements, and political or religious
tracts. Such messages or material may be sent only to those who haveexpressly requested it. If a recipient asks a User to stop sending such emails, then any further e-mail messages or other electronic
communications would in such event constitute Spam and violate theprovisions and requirements of this AUP.
(2)

Communicating, transmitting or sending any material by e-mail orotherwise that harasses, or has the effect of harassing, another person orthat threatens or encourages bodily harm or destruction of property
including, but not limited to, malicious e-mail and flooding a User, site, or
server with very large or numerous pieces of e-mail or illegitimate service
requests.

(3)

Communicating, transmitting, sending, creating, or forwarding
fraudulent offers to sell or buy products, unsolicited offers of
employment, messages about "Make-Money Fast", "Pyramid" or "Ponzi"
type schemes or similar schemes, and "chain letters" whether or not therecipient wishes to receive such messages.

(4)

Adding, removing, modifying or forging NICGY Network or other network
header information with the effect of misleading or deceiving anotherperson or attempting to impersonate another person by using forgedheaders or other identifying information ("Spoofing").

(5)

Causing or permitting the advertisement of a .GY Domain name in an
unsolicited email communication.

3.

DISRUPTION OF NICGY NETWORK

3.1

No-one may use the NICGY Network or a .GY Domain name for the purpose of:(1)

Restricting or inhibiting any person in their use or enjoyment of the NICGY
Network or a .GY Domain name or any service or product of NICGY.

(2)

Actually or purportedly reselling NICGY services and products without
the prior written consent of NICGY.

(3)

Transmitting any communications or activity, which may involve
deceptive marketing practices such as the fraudulent offering ofproducts, items, or services to any other party.

(4)

Providing false or misleading information to NICGY or to any other party
through the NICGY 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.

NETWORK INTEGRITY AND SECURITY

4.1

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 NICGY Network. This includes, but is not limited to:
University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

4.2

(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)

using, attempting to use, or attempting to ascertain a username or
password without the express written consent of the operator of theservice in relation to which the username or password is intended tofunction;(4)

probing the security of other networks;(5)executing any form of network monitoring which is likely to intercept
data not intended for such user.

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, TCP/UDP floods, packet spoofing;forged routing information;
deliberate attempts to overload or disrupt a service or host;using the NICGY Network in connection with the use of any program,
script, command, or sending messages with the intention or likelihood ofinterfering with another user's terminal session by any means, locally orby the Internet.
4.3

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

5.

NON-EXCLUSIVE, NON-EXHAUSTIVE
This AUP is intended to provide guidance as to what constitutes acceptable
use of the NICGY Network and of .GY Domain names. However, the AUP isneither exhaustive nor exclusive.

6.

COMPLAINTS
Persons who wish to notify NICGY of abusive conduct in violation of this AUP
may report the same pursuant to the NICGY Acceptable Use Policy
Enforcement Procedure, which is instituted by submitting to NICGY a
completed NICGY Acceptable Use Policy Violation Complaint Form.
University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

7.

ENFORCEMENTNICGY may, in its sole discretion, suspend or terminate a User's service forviolation of any of the requirements or provisions of the AUP on receipt of acomplaint if NICGY believes:(a)a violation of the AUP has or may have occurred; or(b)suspension and/or termination may be in the public interest.

NICGY may delegate its right to take any action to an Internet security agency
or may act upon any report from an Internet security agency without priornotification to the User.
If NICGY elects not to take immediate action, NICGY may require Registrants
and a complainant to utilise the AUP Complaint Resolution Service and Policy
to ensure compliance with this AUP and remedy any violation or suspectedviolation within a reasonable time prior to suspension or terminating service.
8.

LIMITATION OF LIABILITY
In no event shall NICGY be liable to any User of the NICGY 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, orotherwise, even if NICGY was advised of the possibility of such damages.
NICGY’s liability for any breach of a condition or warranty implied by theRegistrant Agreement or this AUP shall be limited to the maximum extent
possible to one of the following (as NICGY may determine):

9.

(i)

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

REMOVAL OF CONTENT RESPONSIBILITY
At its sole discretion, NICGY reserves the right to:(i)Remove or alter content, zone file data or other material from its servers
provided by any person that violates the provisions or requirements ofthis AUP;(ii)

redelegate, redirect or otherwise divert traffic intended for any service;(iii)

notify operators of Internet security monitoring, virus scanning services
and/or law enforcement authorities of any apparent breach of this AUP
or .GY TLD Policies; and/or(iv)

terminate access to the NICGY Network by any person that NICGY
determines has violated the provisions or requirements of this AUP.

In any regard, NICGY is not responsible for the content or message of any
newsgroup posting, e-mail message, or web site regardless of whether access
University of Guyana, Centre for Information Technology | NICGY - .GY AUPUniversity of Guyana | .GY ccTLD Acceptable Use Policy
Effective Date: December 1, 2011

to such content or message was facilitated by the NICGY Network. NICGY
does not have any duty to take any action with respect to such content or
message by creating this AUP, and Users of the NICGY Network are obliged
and required to ensure that their use of a .GY Domain name or the NICGY
Network is at all times in accordance with the requirements of this AUP and any
applicable laws and/or regulations.

University of Guyana, Centre for Information Technology | NICGY - .GY AUP