Acceptable Use Policy .cx
This Acceptable Use Policy (“AUP”) sets out the actions prohibited to users of the Christmas Island Internet Administration Limited Network ( CIIA Network ). Users are defined as anyone who uses or accesses the .cx domain registry, who has responsibility for one or more host records in the .cx zone files generated from the .cx registry, registrants of a .cx country code Top Level ( ccTLD ) Domain name ( .cx Domain name ), and/or users of hardware, name servers, bandwidth, telecommunications transport, zone files or email routing services or of any other domain name resolution systems and services in the .cx registry and zone.
This policy applies to all .cx Domain names (which end in the two letter suffix .cx), including second-level .cx Domain names (such as nic.cx) and sub second-level domains (such as example.nic.cx) which resolve as a result of sub-delegation.
This AUP is in addition to rules governing qualifications for registration. Use of a .cx Domain name or the CIIA Network in a manner that contravenes this AUP, may result in the suspension or revocation of a registrants right to use a .cx Domain name or to continue to be recognized as the registrant of a .cx Domain name. Suspension or revocation may apply to one or more .cx Domain names for which User is a registrant in addition to a particular .cx Domain name which may have given rise to a particular complaint.
CIIA reserves the right to modify or update this AUP at any time and any such modifications or restatements shall be posted on CIIAs website at http://www.nic.cx/ from time to time. CIIA will use reasonable commercial efforts to inform designated contacts in the event of changes to this AUP. Such efforts may include posting the revised AUP on CIIA s website and/or sending email notice that this AUP has been modified or updated.
CIIA supports the free flow of information and ideas over the Internet. Accordingly, CIIA 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 .cx ccTLD.
CIIA may discontinue, suspend, or modify the services provided to any .cx Domain name (for example, through modification of .cx zone files), to address alleged violations of this AUP (described further below). CIIA may determine in its sole discretion whether use of the CIIA network or a .cx Domain name is prima facie violation of this AUP. CIIA or affected parties may utilize the CoCCA AUP CRS and/or the courts in the jurisdiction and venue specified in the Registration Agreement to resolve disputes over interpretation and implementation of this AUP, as described more fully in the CoCCA AUP CRS.
Users of the CIIA Network are obliged and required to ensure that their use of a .cx Domain name or the CIIA Network is at all times lawful and in accordance with the requirements of this AUP and applicable laws and regulations of the Commonwealth of Australia, the operation of the .cx ccTLD falling with the jurisdiction and being governed by the laws of the Commonwealth of Australia.
A Prohibited use of the CIIA Network or a .cx 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 CIIA Network and .cx Domain names in relation to various purposes and activities are as follows. Registration of one or more .cx Domain names or access to services provided by CIIA may be cancelled or suspended for any breach of, or non-compliance with this AUP:
1. COMPLIANCE WITH LAW
1.1 The CIIA Network and .cx 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 or regulation 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) Use of a .cx Domain name in circumstances in which:
(a) The .cx Domain name is identical or confusingly similar to a personal name, company, business or other legal or trading name as registered with the relevant Commonwealth of 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 for which a trade mark is registered in the Commonwealth of Australia, or in 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 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 in the Commonwealth of Australia, against the wishes of the third party complainant; or
(iii) The use trades on or passes-off a .cx Domain name or a website or other content or services accessed through resolution of a .cx Domain as being the same as or endorsed, authorised, associated or affiliated with the established business, name or reputation of another; or
(iv) The use constitutes intentionally misleading or deceptive conduct in breach of CoCCA recommendations, or the laws of the Commonwealth of Australia; or
(b) The .cx Domain name has been used in bad faith, including without limitation the following:
(i) The User has used the .cx Domain name primarily for the purpose of unlawfully disrupting the business or activities of another person; or
(ii) By using the .cx Domain name, the User has intentionally created 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 of a product or service available on or through resolution of a .cx Domain name;
(iii) For the purpose of unlawfully selling, renting or otherwise transferring the Domain name to an entity or to a commercial competitor of an entity, for valuable consideration in excess 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 which a third party has superior intellectual or industrial property rights.
(3) A .cx 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 .cx Domain name is part of that pattern;
(4) The .cx 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 an entity other than that currently in the register.
(5) Unlawful communication, publication or distribution of registered and unregistered know-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 Christmas Island would consider to be obscene or indecent) where such communication, publication or distribution is prohibited by or constitutes an offence under the laws of the Commonwealth of Australia or within the meaning of the 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 .cx ccTLD.
Material that a reasonable member of the community of Christmas Island 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 child pornography, 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.
(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 threat or encourages conduct that may constitute a criminal offence.
(9) Communication, publication or distribution of material that is in contempt of the orders of a court or another authoritative government actor within the Commonwealth of Australia.
(10) Use, communication, publication or distribution of software, technical information or other data that violates export control laws or CoCCA recommendations.
(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 CIIA expressly prohibits Users of the CIIA Network from engaging in the following activities:
(1) Communicating, transmitting or sending unsolicited bulk email 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 emails, then any further email 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 email 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 with very large or numerous pieces of email or illegitimate service requests.
(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 CIIA Network or other 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 CIIA NETWORK
3.1 No-one may use the CIIA Network or a .cx Domain name for the purpose of:
(1) Restricting or inhibiting any person in their use or enjoyment of the CIIA Network or a .cx Domain name or any service or product of CIIA.
(2) Actually or purportedly reselling CIIA services and products without the prior written consent of CIIA.
(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 CIIA or to any other party through the CIIA 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
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 CIIA Network. This includes, but is not limited to:
(1) accessing data not intended for such user;
(2) logging into a server or account which such user is not expressly authorised to access;
(3) falsifying a username or password;
(4) probing the security of other networks;
(5) executing any form of network monitoring which will intercept data not intended for such user.
5.2 Users are prohibited from effecting any network security breach or disruption of any Internet communications including, but not limited to:
(1) accessing data of which such User is not an intended recipient; or
(2) logging onto a server or account which such User is not expressly authorised to access.
For the purposes of this section 5.2, “disruption” includes, but is not limited to:
port scans, ping floods, packet spoofing;
forged routing information;
deliberate attempts to overload a service, and attempts to “crash” host;
using the CIIA Network in connection with the use of any program, script, command, or sending of messages to interfere with another user’s terminal session by any means, locally or by the Internet.
5.3 Users who compromise or disrupt CIIA Network systems or security may incur criminal or civil liability. CIIA will investigate any such incidents and will cooperate with law enforcement agencies if a crime is suspected to have taken place.
This AUP is intended to provide guidance as to what constitutes acceptable use of the CIIA Network and of .cx Domain names. However, the AUP is neither exhaustive nor exclusive.
Persons who wish to notify CIIA of abusive conduct in violation of this AUP may report the same pursuant to the CIIA Acceptable Use Policy Enforcement Procedure, which is instituted by submitting to CIIA a completed CIIA Acceptable Use Policy Violation Complaint Form.
CIIA may, in its sole discretion, suspend or terminate a User’s service for violation of any of the requirements or provisions of the AUP on receipt of a complaint if CIIA believes suspension or termination 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, CIIA will work with Registrants and a complainant to remedy 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 or terminating service.
LIMITATION OF LIABILITY
In no event shall CIIA be liable to any User of the CIIA 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 CIIA was advised of the possibility of such damages. CIIA s liability for any breach of a condition or warranty implied by the Registration Agreement or this AUP shall be limited to the maximum extent possible to one of the following (as CIIA may determine):
(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.
REMOVAL OF CONTENT RESPONSIBILITY
At its sole discretion, CIIA 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 of this AUP; or
(ii) terminate access to the CIIA Network by any person that CIIA determines has violated the provisions or requirements of this AUP.
In any regard, CIIA 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 facilitated by the CIIA Network. CIIA does not have any duty to take any action with respect to such content or message by creating this AUP, and Users of the CIIA Network are obliged and required to ensure that their use of a .cx Domain name or the CIIA Network is at all times in accordance with the requirements of this AUP and any applicable laws and/or regulations.
Privacy and Whois Policy .cx
(1) To disclose to the Registrant, and in doing so obtain the Registrant’s consent, to the fact that the Personal Information (defined below) provided by the Registrant may be dealt with in the following manner by Christmas Island Internet Administration Limited (“CIIA”):
(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 CIIA for the purpose of the storage and maintenance of the Personal Information. CIIA shall not disclose or transfer the Personal Information to any third party other than the .cx 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 CIIA or an accredited registrar is held by CIIA for the benefit of Christmas Island and global internet communities 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 CIIA Policies.
(2) To outline CIIA’s procedures for the appropriate collection, holding, use, correction, disclosure and transfer of a Registrant’s Personal Information by CIIA;
(3) For CIIA to undertake the requirements of paragraph 1.1(1) in such a way so as to ensure that CIIA:
(a) meets international concerns and obligations relating to privacy;
(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 CIIA to achieve its objectives efficiently; and
(d) encourages Registrants to provide and maintain accurate and reliable contact details with the knowledge that CIIA will respect their privacy.
2.1 “AUP” or “CIIA AUP” means the Acceptable Use Policy available at http://www.nic.cx;
2.2 “CIIA” means Christmas Island Internet Administration Limited;
2.3 “Domain” means a .cx Domain name applied for by a Registrant, whose registration application has been processed and accepted by CIIA;
2.4 “Escrow Agent” means a third party contracted to perform data escrow services for CIIA. 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 .cx country code Top Level Domain (“ccTLD”) database. The Escrow Agent is prohibited from use or disclosure of the .cx ccTLD Data unless that use or disclosure is deemed essential to ensure the stability and integrity of the .cx ccTLD;
2.5 “Identifier” for the purposes of paragraph 10 includes a number assigned by CIIA to an individual to identify uniquely the Registrant for the purposes of CIIA’s operations. However, an individual’s name is not an identifier;
2.6 “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 CIIA domain names;
2.8 “Sensitive information” means Personal Information that would be considered to be “sensitive” under the CoCCA recommended policies;
2.9 “Registrant” means the individual, entity or the authorised agent for the individual or entity who applied for or caused to be applied for a Domain and whose registration application has been processed and accepted by CIIA;
2.10 “Whois Service” means the service provided by CIIA to the public, as described in paragraph 3 of this Policy, which is available at http://www.nic.cx.
3. Christmas Island ccTLD “Whois” SERVER IMPLICATIONS:
3.1 CIIA will maintain a publicly accessible information service known as the .cx ccTLD “Whois” 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 .cx ccTLD registry;
(3) the date of last modification; and
(4) the date of expiration.
3.2 CIIA 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 CIIA or CoCCA Accredited Registrars are required, as a condition of their accreditation, to provide Registrants with the tools to make visible “Extended Whois” information on .cx ccTLD domains registered through them.
3.4 CIIA will provide registrants with an on-line tool at http://www.nic.cx to edit information published in the ccTLD Whois. The registrant will require a registry key and will not be able to disable display of data set in 3.1.
4.1 CIIA shall only collect Personal Information necessary for one or more of its functions or activities:
(1) as the trustee for the .cx ccTLD database;
(2) for the provision of the “Whois” Service;
(3) to contact the Registrant as necessitated by the .cx ccTLD Polices;
(4) To provide law enforcement with information required to investigate or prevent a crime
4.2 The “Primary Purpose of Collection” by CIIA shall be for one of the necessary functions or activities of CIIA as described in paragraph 4.1 above and CIIA will exercise its reasonable endeavours to ensure that:
(1) CIIA shall collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way.
(2) At or before the time (or, if that is not practicable, as soon as practicable after) CIIA collects Personal Information about a Registrant from the Registrant, CIIA shall take reasonable steps to ensure that the Registrant is aware of:
(a) the identity of CIIA and the Escrow Agent and how the Registrant may contact CIIA; 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 CIIA 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, CIIA shall collect Personal Information about a Registrant only from that individual.
(4) If CIIA 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 CIIA’s website does not utilise technology to collect user information or track usage. CIIA’s website may feature links to other websites. CIIA is not responsible for the content and privacy practices of such other websites.
5. USE AND DISCLOSURE
5.1 CIIA 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) CIIA reasonably believes that the use or disclosure is necessary:
(a) to lessen or prevent a serious and imminent threat to an individual’s life, health or safety; or
(b) to lessen or prevent a serious threat to public health or public safety; or
(c) because CIIA has reason to suspect that unlawful activity or a violation of the AUP 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 (including parties effected by a violation of the AUP) or authorities; or
(d) because the use or disclosure is required or authorised by or under law; or
(e) because CIIA 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.
(f) because a third party has filed a complaint relating to the AUP and providing the Personal Information may contribute to resolution of the complaint.
5.2 CIIA 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 CIIA to disclose any Personal Information; CIIA is always entitled not to disclose Personal Information in the absence of a legal obligation to disclose it.
5.4 CIIA 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 the Commonwealth of Australia.
5.5 If CIIA 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 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 CIIA shall take reasonable steps to make sure that the Personal Information it collects, uses or discloses is accurate, complete and up-to-date.
7. DATA SECURITY
7.1 CIIA shall take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure.
7.2 CIIA 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, except where prohibited by law or applicable policy
8.1 This Policy sets out CIIA’s policies on its management of Personal Information. CIIA shall make this document available to anyone who asks for it.
8.2 On request by any person, CIIA shall take reasonable steps to let the person know, generally, what sort of Personal Information CIIA holds, for what purposes, and how it collects, holds, uses and discloses that information.
9. ACCESS AND CORRECTION
9.1 If CIIA 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
(4) the information relates to existing or anticipated legal proceedings between CIIA 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 CIIA 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 CIIA not to provide access to the information on the basis that providing access would be likely to cause damage to the security of the Commonwealth of Australia.
9.2 However, where providing access would reveal evaluative information generated within CIIA in connection with a commercially sensitive decision-making process, CIIA may give the Registrant an explanation for the commercially sensitive decision rather than direct access to the information.
9.3 If CIIA charges for providing access to Personal Information, those charges:
(1) shall not be excessive; and
(2) shall not apply to the lodging of a request for access by Registrants to their own Personal Information.
9.4 If CIIA holds Personal Information about a Registrant and the Registrant is able to establish that the information is not accurate, complete and up-to-date, CIIA 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 CIIA disagree about whether the Personal Information is accurate, complete and up-to-date, and the Registrant asks CIIA to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, CIIA shall take reasonable steps to do so.
9.6 CIIA 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”.
10.1 CIIA 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 CIIA 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 CIIA 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.
11.1 A Registrant’s request not to be identified when entering transactions with CIIA shall be considered by CIIA on a case by case basis, in its sole discretion, although CIIA may to honour such request wherever it is lawful or practicable to do so.
12. TRANSBORDER DATA FLOWS
12.1 CIIA may transfer Personal Information to someone (other than CIIA, its affiliates or the Registrant) who is in a foreign country only if:
(1) CIIA reasonably believes that the recipient of the information is subject to a law, binding scheme, or contract which effectively upholds principles for fair Resolution 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 CIIA, 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 CIIA, 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 obtain such consent, the Registrant would be likely to give it; or
(6) CIIA 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 CIIA 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
(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 CIIA or to individuals who have regular contact with it in connection with its activities;
(b) at or before the time of collecting the information, CIIA undertakes to the Registrant whom the information concerns that CIIA 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 CIIA reserves the right to review or revise this policy at any time and those people who volunteer their personal details to CIIA 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.
About the Council of Country Code Administrators
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 Agreement .cx
This REGISTRATION AGREEMENT (the “Agreement”) is entered into, by and between the .cx domain name registrant (“Registrant”) and Christmas Island Internet Administration Limited (“CIIA”). Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .cx TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
TERMS AND CONDITIONS:
1. By applying to register one or more .cx domain names (the “.cx Domain name(s)”) with an accredited registrar in the .cx ccTLD (hereinafter referred to as an “Application”) or by using one or more .cx Domain name(s), the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the “CIIA Policies”:
The registration rules
The .cx ccTLD Policies
The CIIA Acceptable Use Policy (“AUP”)
The CIIA Complaint Resolution Service rules and policies
Other CIIA rules or policies that are now, or may in the future, be published by CIIA or CoCCA at http://www.cocca.cx
The CIIA Policies apply to all domains and sub-level domains which end in the suffix .cx and explain the rights and obligations between CIIA and the Registrant. Those parts of the CIIA Policies which are not part of the text of this Agreement are incorporated into this Agreement by this reference. CIIA may accept the Application by facilitating registration and resolution of the .cx Domain names(s); such acceptance shall be deemed to have occurred at the CIIA’s principal place of business in the Commonwealth of Australia.
CIIA may modify the CIIA Policies from time to time. CIIA shall post (publish on or link to) the CIIA Policies on CIIA’s web site. Revised CIIA Policies become effective thirty (30) calendar days after posting. CIIA may inform registrants of changes to CIIA Policies via email and Registrant agrees that such email shall not be considered spam; however, CIIA shall not be obligated to provide such notice via email. The Registrant’s use of .cx Domain name(s) following the effective date constitutes the Registrant’s acceptance of the revised CIIA Policies. In the event that the Registrant does not wish to be bound by the revised CIIA Policies, the Registrant’s sole remedy is to cancel the registration of the .cx Domain name(s), following the appropriate CIIA Policies regarding such cancellation.
2. Registration Fee. The Registrant shall pay to an accredited registrar the appropriate registration fee (“Registration Fee”) applicable at the time the Registrant submits its Application to such accredited registrar. Payment of Registration Fees shall be made in accordance with the requirements of the accredited registrars and CIIA Policies are effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It shall be the responsibility of the accredited registrar to pay a separate registration fee owed to the CIIA by such registrar and no Application will be accepted until such separate registration fee is paid. It shall not be the duty of the CIIA to refund any Registration Fee or other fee to the Registrant in the event of non-performance by such registrar, since the disposition of such Registration Fee is being a matter of performance of a contract between the Registrant and such registrar.
3. Term and Renewal Term. The Registrant’s exclusive registration of the .cx Domain name shall continue for the term specified in an accepted Application (the “Term”). Registrant may have the right to renew a registration in accordance with the CIIA Policies in effect at the end of the Registrant’s then current Term.
4. Registrant Information. The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .cx ccTLD registry in connection with registration of the .cx Domain name(s) or otherwise (“Registrant Information”) will during the Term comply with the CIIA Policies 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 CIIA immediately of a change to any such information in accordance with the appropriate CIIA Policy relating to modifications to the Registrant Information. CIIA reserves and may exercise the right to terminate the Registrant’s registration of the .cx Domain name if (i) information provided by the Registrant to CIIA 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 CIIA to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to Registrant.
(i) The Registrant acknowledges that all personal information about the Registrant which is supplied to CIIA or an accredited registrar is held for the benefit of the Christmas Island and global internet communities 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 the CIIA Policies.
(ii) Registrants must provide the following information to CIIA 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 email 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 .cx Domain name within the .cx ccTLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate or misleading, or conceals or omits pertinent information, CIIA may instruct the registry to terminate, suspend or place on hold the .cx Domain name(s) of any Registrant without notification and without refund to the Registrant; and
(iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .cx Domain name or other .cx domains registered by them.
(iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the CIIA network to the manufactures of internet content filters listed on the CoCCA website http://www.cocca.cx, and such request shall be a binding obligation.
5. Agents. The Registrant understands, acknowledges and agrees that by using the .cx Domain name, the Registrant ratifies and is bound by this Agreement (including the CIIA Policies incorporated into 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. CIIA will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registrant and CIIA 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 (including the CIIA Policies incorporated into this Agreement).
6. Scope of Registration. On payment of the Registration Fee to the registrar and after payment by the registrar to the CIIA of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to a licence for the exclusive use of the domain name resolution services relating to the .cx Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .cx Domain name in any manner which may constitute illegal activity or be in contravention or violation of CIIA Policies. The Registrant acknowledges that a breach of this Section 6 will constitute a material breach of this Agreement which will entitle CIIA to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. The CIIA or an accredited registrar may, in such party’s sole discretion, refuse registration of or discontinue to provide services with respect to the Registrant’s desired .cx Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause (“cause” being defined as dishonouring any payment made to an accredited registrar and/or CIIA or any violation of the CIIA Policies), CIIA shall refund to the accredited registrar the separate registration fee received by the CIIA and the registrar shall refund to the Registrant the Registration Fee. Neither CIIA nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from CIIA or registrar’s refusal to register or to discontinue services in relation to the Registrant’s desired .cx Domain name.
7. 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 name resolution services relating to the .cx Domain name for the Term and that use of such services is subject to this Agreement (including the CIIA Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time;
(ii) to the best of the Registrant’s knowledge and belief, neither the registration of the .cx Domain name 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 will use, display, or exploit the .cx Domain name in good faith, and in accordance with the laws of the Commonwealth of Australia, international law, and applicable state laws and regulations, and will not use the .cx Domain name in any way which may violate a subsisting right of CIIA or any third party;
(iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes;
(v) 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);
(vi) the Registrant will promptly notify CIIA of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .cx Domain name whether by or against the Registrant;
(vii) the Registrant will not, directly or indirectly, through registration or use of the .cx Domain name or otherwise:
(a) register a .cx Domain name for the purpose of diverting trade from another business or website;
(b) deliberately register as a .cx Domain name 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) grant or purport to grant a security interest or other encumbrance on or over the .cx Domain name unless such security interest or other encumbrance does not exceed the limited rights of the Registrant in the .cx Domain name, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose obligations on the CIIA beyond the obligations owed by the CIIA to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the CIIA Policies for registering and using the .cx Domain name;
(ix) that the Registrant will maintain the Registrant Information provided pursuant to Section 4 according to the requirements of Section 4;
(x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where:
(a) the Registrant is relying on the same eligibility criteria for both domain name applications; and
(b) the character string has previously been rejected by the other registrar;
(xi) 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 .cx Domain name complies with the CIIA Acceptable Use Policy and the CoCCA recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the CIIA Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .cx Domain name;
(xii) the use of the .cx Domain name and of any web page or URL accessed by or utilising the .cx Domain name will comply with the requirements of the CIIA Acceptable Use Policy and CoCCA recommended policies including, without limitation, those policies relating to spam.
8. CIIA Representations and Warranties. CIIA represents, warrants, and guarantees that:
(i) CIIA manages the .cx top level domain name in trust for the Christmas Island Community;
(ii) CIIA 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) CIIA will process the Registrant’s Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the CIIA Policies);
(iv) CIIA 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 .cx zone file; and
CIIA’s breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by CIIA, the Registrant’s only recourse against CIIA shall be to terminate its Agreement with CIIA. CIIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. CIIA 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. CIIA’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE REGISTRANT AGREES THAT CIIA WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. CIIA DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.
9. Breach. Failure of a Registrant to abide by any provision of this Agreement (including the CIIA Policies) may be considered a material breach. In the event of such material breach, CIIA may provide a written (including email) 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 CIIA that there is no breach of this Agreement or CIIA Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to CIIA’s satisfaction, CIIA may cancel the Registrant’s registration of and licence to use the .cx Domain name 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 CIIA did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the CIIA or an accredited registrar, causes immediate harm to the public interest or the CIIA Network or which violates any applicable law or regulation, then an accredited registrar and/or the CIIA may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section 12, below for important limitations on the liability of CIIA and accredited registrars with regard to good faith acts by such parties under this Section.
10. Disputes Involving Registrants. The Registrant acknowledges that CIIA cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .cx Domain name. In the event that any party disputes the Registrant’s legal right to use, display, exploit, or register the .cx Domain name in any fashion, including allegations that prohibited material (as defined in the CIIA Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .cx Domain name, CIIA and the Registrant shall act in accordance with and agree to be bound by CIIA’s Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .cx Domain name, perform a trademark search with respect to the acronyms, words and/or phrases comprising the .cx Domain name. The Registrant will be solely liable in the event that the Registrant’s use of a .cx Domain name constitutes an infringement or other violation of a third party’s rights.
11. Indemnity. The Registrant shall defend, indemnify, and hold harmless CIIA, the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys (“CIIA 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 the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .cx Domain name itself, including the Registrant’s use, display, exploitation, or registration of the .cx Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .cx Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
12. DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant acknowledges and agrees that, to the maximum extent possible, CIIA AND THE CIIA RELATED PARTIES 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, CIIA AND CIIA 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 OR SERVICES RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT CIIA OR A CIIA RELATED PARTY TAKES ACTION WITH RESPECT TO A .CX DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY CIIA, A CIIA RELATED PARTY, BY OR THROUGH THE CIIA COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT CIIA AND CIIA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF CIIA OR CIIA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CIIA OR CIIA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.
IN ADDITION, CIIA AND CIIA RELATED PARTIES ARE 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 .CX TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF CIIA OR CIIA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CIIA OR CIIA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR CIIA OR CIIA RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF CIIA OR CIIA RELATED PARTIES, THE RESUPPLY OF THE SERVICES 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 CIIA OR CIIA RELATED PARTIES BY THE REGISTRANT.
13. Notices. Notices to CIIA 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:
Christmas Island Internet Administration Limited – ACN 091 843 417
PO Box 496
Indian Ocean, WA 6798
Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Ex press) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the CIIA or a CIIA Related Party, by email or fax to the Registrant Information.
14. Governing Law / Forum Selection. For all disputes in which the CIIA may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of the Commonwealth of Australia applicable to contracts made and performed in the Commonwealth of Australia, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of the Commonwealth of Australia, for any and all claims or disputes directed against the CIIA and which arise out of, purport to enforce, construe, or otherwise relate to the .cx Domain name, this Agreement, or CIIA Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. 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. By way of information and not as a term binding against the CIIA, disputes not involving the CIIA as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either CIIA’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia and the courts of the Commonwealth of Australia for disputes in which the CIIA is or may be a party, as described above.
15. OWNERSHIP OF INFORMATION AND DATA. Registrant agrees and acknowledges that CIIA and/or any CIIA delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, email address, voice telephone number, and where available fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. CIIA and/or any CIIA delegee shall not have any ownership interest in a single Registrant’s specific Registration Information outside of CIIA and/or any CIIA delegee’s rights in one or more domain name database(s).
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 CIIA 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 or remedy with respect to any other breach or failure by the other party.
18. Full Integration. This Agreement, together with the CIIA Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and CIIA relating to the .cx Domain name. 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 CIIA relating to the .cx Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .cx TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon CIIA without CIIA’s express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
19. Written Agreement. This Agreement constitutes a written agreement between Registrant and CIIA even though the Registrant’s Application may be dispatched electronically, and even though CIIA may accept the Application 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 CIIA is able to assign this Agreement to a third party without prior written notice to the Registrant.
21. Survival of Obligations. The parties agree that clauses 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 shall survive the expiry or termination of this Agreement.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by CIIA (i.e., the date of registration of the .cx Domain name).
About the Council of Country Code Administrators:
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 ccTLDs 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.