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Acceptable Use Policy
This Acceptable Use Policy ("AUP") sets out the actions prohibited to users of the Datacom Network. “Users” are defined as anyone who uses or accesses the .mn domain registry, who has responsibility for one or more host records in the .mn zone files generated from the .mn registry, registrants of a .mn country code Top Level (“ccTLD”) Domain name (“.mn 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 .mn registry and zone.
This policy applies to all .mn Domain names (which end in the two letter suffix .mn), including second-level .mn Domain names (such as
This AUP is in addition to rules governing qualifications for registration. Use of a .mn Domain name or the Datacom Network in a manner that contravenes this AUP, may result in the suspension or revocation of a registrants right to use a .mn Domain name or to continue to be recognized as the registrant of a .mn Domain name. Suspension or revocation may apply to one or more .mn Domain names for which User is a registrant in addition to a particular .mn Domain name which may have given rise to a particular complaint.
Datacom reserves the right to modify or update this AUP at any time and any such modifications or restatements shall be posted on Datacom ’s website at http://www.domain.mn from time to time. Datacom 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 Datacom Co. Ltd.’s website and/or sending email notice that this AUP has been modified or updated.
INTRODUCTION
Datacom supports the free flow of information and ideas over the Internet. Accordingly, Datacom 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 .mn ccTLD.
Datacom may discontinue, suspend, or modify the services provided to any .mn Domain name (for example, through modification of .mn zone files), to address alleged violations of this AUP (described further below). Datacom may determine in its sole discretion whether use of the Datacom network or a .mn Domain name is prima facie violation of this AUP. Datacom or affected parties may utilize the Council of Country Code Administrator 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 Datacom Network are obliged and required to ensure that their use of a .mn Domain name or the Datacom Network is at all times lawful and in accordance with the requirements of this AUP and applicable laws and regulations of Mongolia, the operation of the .mn ccTLD falling with the jurisdiction and being governed by the laws of Mongolia.
This AUP should be read in conjunction with the Datacom 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.
PROHIBITED USE
A "Prohibited use" of the Datacom Network or a .mn 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 Datacom Network and .mn Domain names in relation to various purposes and activities are as follows. Registration of one or more .mn Domain names or access to services provided by Datacom may be cancelled or suspended for any breach of, or non-compliance with this AUP:
COMPLIANCE WITH LAW AND POLICY
ELECTRONIC MAIL
2.1 Datacom expressly prohibits Users of the Datacom Network from engaging in the following activities: (1) Communicating, transmitting or sending unsolicited bulk e-mail 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 e-mails, then any further e-mail 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 e-mail 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 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, 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 Datacom 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"). DISRUPTION OF DATACOM NETWORK 3.1 No-one may use the Datacom Network or a .mn Domain name for the purpose of: (1) Restricting or inhibiting any person in their use or enjoyment of the Datacom Network or a .mn Domain name or any service or product of Datacom Co. Ltd. (2) Actually or purportedly reselling Datacom services and products without the prior written consent of Datacom Co. Ltd.. (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 Datacom or to any other party through the Datacom 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). CONSUMER PROTECTION, FAIR TRADING 4.1 A User using a .mn Domain to sell goods or services over the Internet must provide clear links with sufficient and accurate contact details on such website so that consumers have the ability to contact the seller of such goods or services, and so that customers and prospective customers are clearly advised of any territorial limitations on the offer, sale or provision of any goods or services offered, sold or provided, and of any applicable laws, jurisdiction or CoCCA recommendations. In the event that it is credibly alleged that a .mn Domain name registrant has not followed such laws, Datacom will furnish the contact details for the registrant in accordance with the Datacom Privacy Policy. 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 Datacom 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 Datacom 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 Datacom Network systems or security may incur criminal or civil liability. Datacom will investigate any such incidents and will cooperate with law enforcement agencies if a crime is suspected to have taken place. NON-EXCLUSIVE, NON-EXHAUSTIVE This AUP is intended to provide guidance as to what constitutes acceptable use of the Datacom Network and of .mn Domain names. However, the AUP is neither exhaustive nor exclusive. COMPLAINTS Persons who wish to notify Datacom of abusive conduct in violation of this AUP may report the same pursuant to the Datacom Acceptable Use Policy Enforcement Procedure, which is instituted by submitting to Datacom a completed Datacom Acceptable Use Policy Violation Complaint Form. ENFORCEMENT Datacom 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 Datacom 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, Datacom 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 Datacom be liable to any User of the Datacom 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 Datacom was advised of the possibility of such damages. Datacom Co. Ltd.’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 Datacom 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, Datacom 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 Datacom Network by any person that Datacom determines has violated the provisions or requirements of this AUP. In any regard, Datacom is not responsible for the content or message of any newsgroup posting, e-mail message, or web site regardless of whether access to such content or message was facilitated by the Datacom Network. Datacom does not have any duty to take any action with respect to such content or message by creating this AUP, and Users of the Datacom Network are obliged and required to ensure that their use of a .mn Domain name or the Datacom Network is at all times in accordance with the requirements of this AUP and any applicable laws and/or regulations.
