ACCEPTABLE USE POLICY (REGISTRARS)
This is the Acceptable Use Policy (AUP) for the CIDR EPP and Registrar Portal services for Accredited Registrars that is referred to in Section 5 of your Registrar Agreement.
For the purposes of this Policy we may consider the actions of Connected Persons together. Where this AUP does not provide guidance regarding particular questions of acceptable use, we may take into account generally accepted policy and practices of other similar organisations (e.g. ICANN, Nominet &c) and/or use them a guide.
Introduction
Like other domain registry operators, we have experienced a number of problems in the past that have required us to prevent or limit certain functionality of our registrar systems in order to maintain service for all.
Many of the limits given here are combined across both the EPP and web-based Registrar Portal platforms. Exceeding limits on one system may trigger a block, or other action, in respect of both systems.
Overriding objective
The 'overriding objective' of the AUP is to enable us to deal with Registrars fairly, justly and equitably, and protect our systems. In particular Registrars must not take advantage of technical loopholes or consume excessive system resources in order to gain an unfair advantage (e.g. when registering names).
General use of EPP and the Registrar Portal
There are generally no specific limits set on your use of the EPP and Registrar Portal system, other than the specific limits on the use of the CREATE and CHECK commands specified in this Policy. Nonetheless, it is not acceptable to use the EPP or Registrar Portal service, or knowingly or recklessly permit others to use the EPP or Registrar Portal service in any way:
1. so as to interfere with the use of any of our systems (including, for the avoidance of doubt, the EPP and Registrar Portal systems) by other customers or authorised users;
2. in a manner which does, or is designed to, harass or cause a denial-of-service to any other user of any of our systems (including, for the avoidance of doubt, the EPP and Registrar Portal systems); or
3. in a manner which causes or is likely to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of the EPP or Registrar Portal services, regardless of whether such interruption, degradation, interference or burden is the result of the registrar’s actions or those of a third party over which the registrar has no control.
If, in our reasonable opinion, a registrar is using EPP or the Registrar Portal in such an unacceptable manner we may, and will, take such steps as we consider appropriate to stop the unacceptable use including, but not limited to, suspending, restricting or terminating the registrar’s access to or use of some or all of the registrar systems.
Use of CREATE commands for already-registered domains
The acceptable limits on CREATE commands are set per registrar, per rolling 24 hours and apply to CREATE command attempts (either via EPP or Registrar Portal), for domains that already exist.
CREATE command limit
The combined number of EPP and Registrar Portal create commands on names that already exist must not exceed 1000 in any 24 hour period. If exceeded, all authorised logins may be blocked from accessing our systems.
Use of the CHECK command for domains that are unavailable
Excessive use of the domain CHECK command for the same unavailable name is not allowed. Where we provide you with our drop list, then repeated checks before the drop after date may be considered excessive.
CHECK Command Limit
The combined number of EPP and Registrar Portal check commands for the same unavailable domain must not exceed 500 in any 24 hour period.
For either CREATE or CHECK commands, if the excessive use does not stop, we may block all access for that registrar. The block will be lifted upon satisfactory evidence of action taken to prevent subsequent excessive use.
These limits are set per registrar and our other linking principles apply and are hereby incorporated into the Registrar Agreement.ceptable Use
Other prohibited use
Other prohibited uses of EPP and Registrar Portal include, but are not limited to:
• unlawful use (i.e. in breach of statute, contractual obligation, duty of care etc.)
• fraudulent use
• defamatory use
• damage or disruption to our systems
• infringement of our intellectual property
Any action taken which is likely to endanger any part of the domain name system, our systems or our internet connections, or any failure to comply with this Acceptable Use Policy will result in a block and possible suspension of the Registrar from use of EPP and/or the Registrar Portal.
Account Identifier and Connection Limits
Each Accredited Registrar for GG, JE and AS is allocated an identifier on our platform. Each Account Identifier is limited to a set number of simultaneous connections to the EPP service. The IP addresses used to connect to EPP by each identifier must be set in advance through our Support Desk. .
'Connected persons' and linked accounts
Limits are combined across both EPP and Registrar Portal. Exceeding these limits may trigger a block on both EPP and on the Registrar Portal. We also may link Account Identifiers together when calculating the above limits, if we consider they are issued to Connected Persons.
One way in which the intent of this Acceptable Use Policy can be subverted or compromised is if we believe users are separate, when in fact they are acting together (and, for example, pooling their limits).
Each of the acceptable use policies for individual services includes the terms below which deal with 'connected persons' or 'related persons', so that action can be taken in these cases. This will usually be to record the identifiers as being linked, and therefore subject to a lower overall limit than would have been applied to a similar number of non-connected persons. This linking will usually apply to all services, not just the service that brought the link to our attention.
Escalation
Registrars who intentionally circumvent, or attempt to circumvent the overriding objective of the Accepatble Use Policy may have their Accreditation suspended or terminated under the provisions of ss.6
Definition of 'connected persons'
A person is either a natural person (i.e. an individual) or a legal person (e.g. a company or other organisation with independent personality).
A person will be regarded as 'connected' to another person if:
1. they are the same person, have the same registrar account, or are part of the same corporate group.
2. they make any declaration that they are connected, or when asked by us they fail to make a declaration in the reasonably required legal form that they are not connected;
We may decide that two parties are not connected after all (even if one declares that they are). In particular you cannot just declare that you are linked to another person and then use all their limit up to disrupt their business).
3. they have ownership or business links (directly or indirectly) which mean that they either (a) do not appear to operate truly independently of one another, or (b) it could reasonably be assumed that they will not operate truly independently of one another.
We are likely to presume that group companies (or other businesses) are connected to other businesses in the same group; that a company and its employees/officers/partners are connected to one another; and that a business owned, run or ultimately controlled by one member of a family is connected to a business owned, run or ultimately controlled by another member of the same family.)
4. the object or effect of their activities is such that we reasonably think that not linking them would compromise one or more of the AUP Principles.
The final decision rests with us. When deciding whether we consider persons are 'connected persons', we will take into account the overriding objective of the AUP.