The NICKI Network and .KI Domain names must be used for lawful purposes and comply with this AUP. The creation, transmission, distribution, storage of, or linking to any material in violation of applicable law or regulation or this AUP is prohibited. This may include, but is not limited to, the following:
(1) Communication, publication or distribution of material (including through links or framing) that infringes upon the intellectual and/or industrial property rights of another person. Intellectual and/or industrial property rights include, but are not limited to: copyrights (including future copyright), design rights, patents, patent applications, trade marks, rights of personality, and trade secret information.
(2) Registration or use of a .KI Domain name in circumstances in which, in the sole discretion of the NICKI:
(a) The .KI Domain name is identical or confusingly similar to a personal name, company, business or other legal or trading name as registered with the relevant Kiribati 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 Kiribati , 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 Kiribati , against the wishes of the third party complainant; or
(iii) The use trades on or passes-off a .KI Domain name or a website or other content or services accessed through resolution of a .KI 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 NICKI policy, or the laws of Kiribati ; or
(b) The .KI Domain name has been used in bad faith, including without limitation the following:
(i) The User has used the .KI Domain name primarily for the purpose of unlawfully disrupting the business or activities of another person; or
(ii) By using the .KI 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 .KI Domain name;
(iii) For the purpose of 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 .KI Domain name registration which is part of a pattern of registrations where the User has registered domain names which correspond to cpr144449003101 well known names or trade marks in which the User has no apparent rights, and the .KI Domain name is part of that pattern;
(4) The .KI Domain name was registered arising out of a relationship between two parties, and it was mutually agreed, as evidenced in 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) Publication or distribution of content which, in the opinion of the NICKI:
(a) is capable of disruption of systems in use by other Internet users or service providers (eg viruses or malware);
(b) seeks or apparently seeks authentication or login details used by operators of other Internet sites (e.g. phishing); or
(c) may mislead or deceive visitors to the site that the site has an affiliation with the operator of another Internet site (e.g. phishing)
(7) 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 Kiribati would consider to be obscene or indecent) where such communication, publication or distribution is prohibited by or constitutes an offence under the laws of Kiribati , 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 .KI TLD. Material that a reasonable member of the community of Kiribati 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 drugsCommunication, 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 Kiribati .
(10) Use, communication, publication or distribution of software, technical information or other data that violates Kiribati export control laws.
(11) Use, communication, publication or distribution of confidential or personal information or data including confidential or personal information about persons that collected without their knowledge or consent.