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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