ANTI-ABUSE AND LEGITIMATE USE POLICY
1.0 Anti-Abuse and Legitimate Use Policy
Version Control: 2.0
Date of Implementation: 20230525
This document sets forth the Anti-Abuse and Legitimate Use Policy (the “Policy”) that Registrants must adhere to when registering and using a domain name in the .MUSIC Top Level Domain (“MTLD”), as well as outlines the reservation of rights that Registry Operator retains to address non-compliance.
3.0 Registry Operator’s Reservation of Rights
Abuse includes the foregoing activities and any other activity that causes actual and substantial harm, or is a material predicate of such harm; and is illegal or illegitimate, or is otherwise considered contrary to the intention and design of the MTLD. Additionally, all registrants must use a MTLD domain name for the responsible, ethical, and music community affirming interests of the Registry Operator, including its data, intellectual property, and reputation, more specifically its legal, regulatory, industry, and music community obligations.
The Registry Operator reserves the right to deny, cancel, revoke or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:
3.1 To protect the integrity, security and stability of the Domain Name System (DNS);
3.2 To comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement or other governmental agency or organization, or any dispute resolution process;
3.3 To avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and members;
3.4 To comply with the terms of the Registration Agreement;
3.5 To respond to or protect against any form of malware (defined to include, without limitation, malicious code or software that might affect the operation of MTLD, the Internet or which cause direct or material harm to others);
3.6 To comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet, the music industry, and the music community;
3.7 To correct mistakes made by Registry Operator, Registry Service Provider, or Registrar in connection with a domain name registration; or
3.8 To correct the non-payment of fees.
4.0 Prohibited Abusive Activities
The following is a non-exhaustive list of activities that are prohibited. You agree not to use MTLD domain names in connection with:
4.1 Botnet Command and Control: Services run on a domain name that are used to control a collection of compromised computers or “zombies,” or to direct Distributed Denial of Service (DDoS) attacks;
4.2 Distribution of Malware: The intentional creation and intentional or unintentional distribution of “malicious” software designed to infiltrate a computer system without the owner’s consent, including, without limitation, computer viruses, worms, keyloggers, and Trojans;
4.3 Fast Flux Attacks⁄Hosting: A technique used to shelter Phishing, Pharming, and Malware sites and networks from detection and to frustrate methods employed to defend against such practices, whereby the IP address associated with fraudulent sites are changed rapidly so as to make the true location of the sites difficult to find;
4.4 Hacking: Unauthorized access or exceeding the level of authorized access to a computer, computer network, information system, user account or profile, database or security system.;
4.5 Phishing: The use of email and counterfeit web pages that are designed to trick recipients into divulging sensitive data such as personally identifying information, usernames, passwords, or financial data;
4.6 Pharming: The redirecting of unknown users to fraudulent sites or services, typically through, but not limited to, DNS hijacking or cache poisoning;
4.7 Spam: The use of electronic messaging systems to send unsolicited bulk messages. The term applies to email spam and similar abuses such as instant messaging spam, mobile messaging spam, and spamming of websites and Internet forums;
4.8 Man in the browser, man in the middle: The use of malicious software or compromised network facilities for fraudulent or deceptive purposes;
4.9 Activities contrary to applicable law: Trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other illegal acts of piracy;
4.10 Regulatory noncompliance: Public regulatory action taken against the Registrant for failure to comply with reasonable and appropriate security measures;
4.11 Inappropriate or Illegal content: The storage, publication, display, distribute and⁄or dissemination of material as defined by applicable laws and regulations in respective jurisdictions;
4.12 Child Pornography or Abuse: The storage, publication, display and/or dissemination of pornographic materials depicting individuals under the age of majority or child abuse.
4:13 Cyberbullying or Harassment
4:14 Unqualified Ineligible Registrant: You must meet registration eligibility requirements (set forth in the Registrant Eligibility Policy) at all times to register and use a MTLD domain name, if at any time you become ineligible you must stop using the domain name and notify your registrar.
Abuse shall include, and not be limited to, the foregoing activities and any other activity that causes actual or substantial harm, or is a material predicate of such harm, is illegal, illegitimate or otherwise contrary to the promotion of safe, trusted, and legal dissemination of content and information.
5.0 Legitimate Content and Use
Registrants agree to use MTLD domain names in the following ways:
5.1 Legitimite Music Content and Use. Content and use is restricted to music-related content and activities. Use only for legitimate purposes that promote, create, innovate, the global music industry or music community in accordance with all applicable laws, regulations, and industry/community standards.
5.2 Respecting Intellectual Property. Use that respects the intellectual property rights of others and will not allow any content that infringes on those rights, including but not exclusively, copyright, trademarks, and well-known music industry standards without permission.
5.3 Impersonation and Misrepresentation. Use that does not impersonate other artists, bands, creators, people, groups, businesses or organizations, or that engage in any form of misrepresentation.
5.4 Community Professionalism. Use domain names in a professional and respectful manner, and not to engage in any behavior that is unlawful, offensive, or harmful to others, including to bully, harass, or intimidate others.
5.5 Responsible Content: Use content on your domain name that is accurate and complies with all applicable laws, regulations, and music industry standards.
5.6 Automated, Bulk Content, and Parking Pages Prohibited. Will not use or link to content from artificial intelligent (AI) services, bulk content providers and parking pages to monetize traffic (visitors to a website or web URL) or resell the domain name rather than to promote music and contribute to the music community at large.
5.7 Actively Reselling to Third Parties. Will not post content or connect, link, or promote the domain name to resale/auction services for the purpose of resale rather than to create, enhance, promote, or grow the music industry or community;
The Legitimate Use policies are to promote responsible use of the MTLD and to protect the Registry Operator’s interests, including its data, intellectual property, and reputation, more specifically its legal, regulatory, industry, and music community obligations. Registering MTLD domain names for the purpose of reselling or auctioning domain names for profit are contrary to community and intellectual property protection aims of the MTLD. The Registry Operator may revoke MTLD domain names from registrants who violate the reselling prohibition, including taking action against all MTLD domain names held by the registrant and/or any domain names sold to third-party buyers.
6.0 Registry Operator’s Response
Registry Operator will maintain a public email (firstname.lastname@example.org) and telephone number on its respective websites for interested third parties to submit alleged incidents of abuse, nocompliance and/or illegitimate use. Registry Operator’s plan to respond to allegations of abuse is based upon the following four pillars: Verification, Investigation, Remediation and Follow-up as identified in more detail below.
6.1 Verification. The Registry Operator will use commercially reasonable efforts to review all submissions and make an initial determination regarding the source and legitimacy of each submission.
6.2 Investigation. Registry Operator will prioritize all investigations as follows:
6.2.1 Law enforcement complaints (within 24 hours);
6.2.2 Third party security, stability or criminal complaints (within one (1) business day); and
6.2.3 Third party non-security, non-stability, or non-criminal complaints (within five (5) business days).
6.2.4 The Registry Operator will endeavor to investigate the highest priority incidents within 24 hours and the lower priority incidents in five business days.
6.3 Remediation. As a result of any investigation involving credible complaints or violations of law in matters pertaining to security, stability or criminal activity, Registry Operator’s default option will be the suspension of the domain name within twelve (12) hours of completing an initial investigation absent exceptional circumstances. In all other complaints not involving security, stability or criminal activity, the Registry Operator will seek to resolve the matter through an escalated notification process: email, telephone, certified mail.
6.4 Follow-Up. Where, as a result of a complaint, there is found to be abusive/noncompliant activity, Registry Operator will follow-up on each complaint to update the status of the domain name after the issue has been resolved. The Registry Operator will also engage with the Registrant to educate them about how to avoid future remediation actions.
7.0 Registry Operator’s Automated AI Compliance Scan and Music Community Protection Lock
The MTLD is for the music community. The Registry Operator will review and police the MTLD namespace to identify domain names that are potentially in violation of this Policy. You agree that the Registry Operator at its discretion can conduct compliance scans and implement follow up procedures on any and all MTLD domain names:
7.1 Automated AI Scans. The Registry Operator will use advanced commercial technology and processes to review the namespace for compliance to this Policy. Automated scans that show potential violations will be followed up with manual reviews from the Registry Operator’s Compliance Department to determine the accuracy of the scan and to assess whether further enforcement actions are to be applied.
7.2 Post Investigation Enforcement. Registry Operator may take the following actions when the Registry Operator’s Compliance Department determines that a MTLD domain name may be in violation with this Policy. The Registry Operator may:
7.2.1 Send email notice of violation. Notice sent to the registrant detailing the violation and how to rectify the problem. A notice will also be sent to the registrar of record for the MTLD domain name. Subsequent notices will be sent to both the registrant and the registrar of record.
7.2.2 Send a final notice (Final Notice) of violation. Final notice sent to the registrant and the registrar of record detailing the violation and a final date in which the violation must be rectified. If the violation is not corrected by the time provided in the final notice, the MTLD domain name may be placed under Registry Server Hold (no DNS resolution) and/or Server Lock.
7.2.3 Send a notice of Community Protection Lock. A Community Protection Lock notice sent to the registrant according section 7.3 of this Policy.
7.3 Music Community Protection Lock. Registry Operator retains the right to protect the music community and the MTLD namespace against domain names that violate this Policy, fail to then rectify deficiencies during the notice period and then subsequently fail to rectify deficiencies after a Final Notice.
7.3.1 Music Community Protection Lock Notice. After repeated notices and communications to a registrant to rectify Legitimate Use violations according to this Policy, a notice of Community Protection Lock will be sent to the registrant and registrar of record.
7.3.2 Music Community Protection Lock. A MTLD domain name in violation is placed under permanent Registry Server Hold and Lock. This means the domain name is taken out of the zone and changes to the domain name are prohibited. Additionally, the domain name may be updated as a Registry Reserved domain name in order to protect intellectual property upon expiration. These measures are in place to protect the MTLD namespace and also the music community as a whole. To unlock a domain name under a Music Community Protection Lock, the Registered Name Holder must: 220.127.116.11 Rectify deficiencies provided in any of the notices from the Registry Operator;
18.104.22.168 Inform the Registry Operator through the registrar of record that remedies have been performed; or
22.214.171.124 File a dispute as detailed in section 7.3.3 of this Policy.
7.3.3 Disputing Music Community Protection Lock. A registrant with a MTLD domain name under a Community Protection Lock can dispute the placement of lock by filing a dispute with the Registry Operator’s Compliance Department. Submission of a dispute requires the following:
126.96.36.199 The name of the individual or legal entity filing the complaint (Complainant), along with the following contact details: email, phone number, address of the Complainant and of any representative authorized to act on behalf of the Complainant in the administrative proceeding;
188.8.131.52 The domain name(s) that is under a Music Community Protection Lock;
184.108.40.206 Ground(s) relied upon seeking to unlock the MTLD domain name that is under a Music Community Protection Lock. including how the domain name in question is not violating the terms of the Registry’s Policies.
220.127.116.11 Complaint and all annexes must be submitted electronically according to the instructions listed in this policy, with the Complaint not to exceed 1000 words and no more than five annexes, which annexes shall not exceed fifty (50) pages in total;
18.104.22.168 Identification of any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are subject to the Music Community Protection Lock;
22.214.171.124 Submission is to be electronically emailed to email@example.com.
Registry Operator reserves the right to modify this Policy at its sole discretion. Such revised Policy shall be posted on the Registry Operator’s website at least fifteen (15) calendar days before its effective date. Therefore, it is important to check the effective date of the Policy posted here each time you use the Registry Operator’s website. By continuing to use the Services after we make changes, you indicate your consent to those changes.
9.0 Questions and Contact Information
Registry Operator wants to assure you that we are dedicated to protecting the rights of registrants. If you have questions or comments about this Policy, please contact firstname.lastname@example.org * * *