.CX Domain General FAQ Christmas Islands FAQ - Where is Christmas Island?
- The Territory of Christmas Island is a small territory of Australia located in the Indian Ocean, 2600 kilometers northwest of Perth in Western Australia, 500 kilometers south of Jakarta, Indonesia.
It maintains about 1,600 residents who live in a number of "settlement areas" on the northern tip of the island.
- What is the "Acceptable Use Policy?"
- The 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 e-mail 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 ) and sub second-level domains (such as ) which resolve as a result of sub-delegation.
The 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.
- What rules must I follow when creating/maintaining a .cx domain name?
- 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.
This AUP should be read in conjunction with the CIIA Registration Agreement, Complaint Resolution Policy, Privacy Policy, Acceptable Use Policy, and other applicable agreements, policies, laws and regulations. By way of example, and without limitation, the Registration Agreement sets forth representations and warranties and other terms and conditions, breach of which may constitute non-compliance with this AUP.
- What are examples of prohibited use of .cx domains?
- 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 offense.
(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.
- What kinds of activity violate the AUP ?
- To view the restrictions pertaining to use of a Domain and a ccTLD manager's network please review the applicable AUP. The Registration of a Domain may be revoked or suspended by the ccTLD Manager for non-compliance with the AUP. The AUP is designed to protect the public interest by addressing three broad areas of concern.
- publication of prohibited internet content
- infringement of intellectual property rights
- "phishing", spam or other "cyber crimes"
- Is there a limitation of liability?
- Yes. In no event shall the Country Code Administrator be liable to any User of the Country Code Administrator 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 the Country Code Administrator was advised of the possibility of such damages. The Country Code Administrator'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:
(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.
Source: www.nic.cx/
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