b. is not contrary to the law;
c. does not infringe the rights of third parties;
d. does not improperly give the impression of
pertaining to public administration or the exercise
of public powers
2) The Registrant shall be the holder of the registered
domain name; provided that the Registrar reserves the
right to recall the registered domain name if it is
established that the registration was contrary to these
Regulations.
Limitation of
Liability

21.

Liability for the infringement of third party rights and interest
arising from holding or using a domain name shall be borne by
the Registrant.

Confidentiality

22.

All information obtained from Registrants shall be used solely
for the purpose of domain name registration except where the
law requires otherwise.

Back-up and
Disaster recovery
plan

23.

Repository managers and administrators of second level subdomain under the .ke ccTLD domain shall ensure that copies are
kept of all registered data and put in place a disaster recovery
plan.

Winding up

24.

When an administrator of second level sub-domain winds up
whether voluntarily or pursuant to a court order, all registered
data shall be transferred to the repository of the .ke ccTLD
which shall administer it until such time as the Commission shall
license or authorise another second level sub-domain to run the
functions of the said domain name(s).

PART IV:MISCELLANEOUS PROVISIONS
Offences and
Penalties

25.

(1) Any licensee who contravenes the provisions of this
Regulation commits an offence.
(2) Any person who commits an offence under these
Regulations shall be liable on conviction to a fine not exceeding
three hundred thousand shillings or to imprisonment for a term
15

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