Hong Kong Domain Name Registration Company Limited Domain Name Registration Agreement for

Hong Kong Domain Name Registration Company Limited
Domain Name Registration Agreement for .hk Domain Names
Version 1.0

[Effective 1 June 2001]

Preamble

1. Hong Kong Domain Name Registration Company Limited ("HKDNR") was established by Joint Universities Computer Centre Limited ("JUCC") to take over its role as the administrator of domain names under .hk country code top level domain ("hk ccTLD").

2. As from 1 June, 2001, HKDNR has replaced JUCC to administer Hong Kong Network Information Centre ("HKNIC") and to assume the role of registry and registrar for the registration of third level domain names ("Domain Names") under the existing second level domains, namely, .com.hk, .org.hk, .gov.hk, .edu.hk and .net.hk and any other second level domains to be introduced from time to time in the Hong Kong Special Administrative Region of the People's Republic of China ("HKSAR").

3. This Agreement is between the Customer and HKDNR. In this Agreement, "Customer" means any of the following:

(a) an existing registrant who used to maintain the registration of a Domain Name with HKNIC but has elected to re-register its Domain Name with HKDNR pursuant to the terms and conditions hereunder; or

(b) an applicant who has applied to HKDNR or any other registrars appointed by HKDNR (a list of registrars appointed by HKDNR is set forth in www.hkdnr.net.hk ) for the registration of a new Domain Name.

Application

4. By applying for the registration of a new Domain Name or the re-registration of an existing Domain Name, either directly by the Customer or through a registration service provider or other authorized agent (collectively known as "Agent"), the Customer agrees to be bound by the terms and conditions of this Agreement. The Rules for .hk Domains and Sub-Domains (the "Rules") and the HKDNR Domain Name Dispute Resolution Policy (the "Dispute Resolution Policy"), in each case as amended from time to time, form part of this Agreement.

5. To qualify for registration of a new Domain Name, the Customer shall either be a commercial entity, a non-profitable organization, an entity managing network infrastructure machines and services, a bureau or department of the Government of HKSAR or a school or an educational institution in HKSAR, which meets the requirements set forth in the Rules. In accordance with Rule 1.2 of the Rules, the Customer shall provide to HKDNR the documentary proof to establish that it is qualified to apply for the registration of a Domain Name. If such evidence is not provided, HKDNR reserves the right to refuse the application for registration of the Domain Name.

6. If an application for the registration of a Domain Name is made by the Agent on behalf of the Customer, the Customer agrees that it shall nonetheless be bound as a principal by the terms and conditions herein. The Customer's continued use of HKDNR's services shall ratify any unauthorized actions of the Agent. By acting on behalf of the Customer, the Agent certifies that it is authorized to apply for HKDNR's services on behalf of the Customer, that it is authorized to bind the Customer to the terms and conditions of this Agreement and that it has notified the Customer of the terms and conditions of this Agreement. In addition, the Customer agrees to be responsible for any errors made by the Agent. HKDNR shall not refund any fees paid by the Customer or the Agent on its behalf for any reason, including, but not limited to, in the event that the Agent fails to comply with the terms and conditions of this Agreement, the Agent incorrectly provides information in the application process or the Agent changes or otherwise modifies the Customer's Domain Name record incorrectly. For the avoidance of doubt, HKDNR is not bound by, nor is it obliged to rely on any representations made by the Agent.

7. All applications for the registration, renewal, modification, transfer or deletion of a Domain Name shall be made in the form and manner prescribed by HKDNR from time to time, pursuant to the Rules.

8. The Customer agrees to pay HKDNR the prescribed charges for registration, modification, transfer or renewal of the Domain Name registration as set out in the Rules current at the relevant time ("Fees"). All fees or charges payable are non-refundable. If the Customer uses an Agent for payment of Fees, HKDNR shall first seek payment from the Agent. If the Agent fails to pay the Fees for whatever reason, HKDNR shall have the right to recover the Fees from the Customer.

9. The Customer's Domain Name may be renewed annually provided:

(a) the renewal shall be subject to the then current terms and conditions of this Agreement;
(b) the Customer has paid all applicable Fees; and
(c) the Customer has not breached any of the provisions of this Agreement.

10. The Customer may register more than one Domain Name with HKDNR provided such registrations do not contravene any of the terms of this Agreement.

11. The Customer represents and warrants to HKDNR that :-

(a) to the best of its knowledge and belief, the Domain Name will not infringe or otherwise violate the legal rights of any third party;
(b) it intends to use the Domain Name;
(c) its use of the Domain Name shall be bona fide for its own benefit and shall be for lawful purposes;
(d) it will not knowingly use the Domain Name in violation of any applicable laws and regulations;
(e) all information furnished to HKDNR including further additions or alterations to such information is true and accurate; and
(f) in the event that it receives notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, it will immediately send a written notice to HKDNR notifying it of such claim, action or demand.

12. The Customer agrees to promptly inform HKDNR of any changes, amendments or corrections to the information furnished to HKDNR within thirty (30) calendar days of the occurrence of such changes, amendments or corrections.

Allocation Policy

13. HKDNR shall register the Domain Name on a "first come, first served" basis.

14. HKDNR relies on all representations made and warranties given by the Customer under Clause 11 in determining if the application should be approved.

15. HKDNR shall refuse, at its sole discretion, to register any Domain Name selected by the Customer for whatever reason. HKDNR is not obliged to provide the Customer with any reasons or grounds for such refusal but upon the Customer's reasonable request and in HKDNR's absolute discretion, HKDNR may inform the Customer of such reasons or grounds.
Effects of Registration

16. Pursuant to the terms and conditions of this Agreement and the Rules, the day on which HKDNR informs the Customer that the Domain Name application has been approved shall be the effective date of the registration (the "Activation Date") of the Domain Name.

17. Subject to the Customer complying with this Agreement, the Customer shall have the right to use the Domain Name as the Customer's address on the Internet. However, the Customer's registration of the Domain Name does not constitute and shall not be used by the Customer as evidence of ownership of the Domain Name. For the avoidance of doubt, HKDNR does not accept any responsibility for the use of any Domain Name on the register of HKDNR and in particular for any conflict with trade marks /service marks, whether registered, or unregistered in any jurisdiction.

18. The Customer acknowledges and agrees that by registering a Domain Name, HKDNR has not made any determination, nor is it capable of making such determination, with respect to the legality of the Domain Name registration or otherwise evaluate whether that registration or use of the Domain Name may infringe upon any rights of a third party. As a consequence, the Customer further agrees that it shall not use the fact that the Domain Name has been registered by HKDNR as a defence in any legal proceedings brought against the Customer by any third party in connection with the Customer's registration and/or use of the Domain Name.

19. The Customer consents to HKDNR publishing the Customer's details, including but not limited to the Customer's name, the administrative contact's particulars, the Domain Name's Activation Date and results of dispute resolution proceedings. The Customer acknowledges that this information (if it refers to individuals) is "personal data" for the purposes of Personal Data (Privacy) Ordinance (CAP.486) as amended from time to time. HKDNR shall be entitled to allow other organizations and members of the public to access such information for the purpose of obtaining information about the registration of the Domain Names or any other related purpose pursuant to HKDNR's privacy policy and personal information collection statement.
Transfer of Registration of Domain Names

20. The Customer may transfer the registration of its Domain Name to another party (the "Transferee") in accordance with the provisions set forth in the Rules, provided:

(a) the Customer and the Transferee jointly execute a Transfer Form as set out in the Rules;
(b) the Transferee:
(i) complies with the qualifications set out in Clause 5;
(ii) agrees to be bound by the terms and conditions of this Agreement; and
(iii) pays the prescribed Fees; and
(c) the Customer or the Transferee pays any Fees that are owing and due to HKDNR before the application for the transfer.

Once transfer is completed, the Customer's rights and obligations derived from the Domain Name registration shall be transferred to the Transferee. For the avoidance of doubt, the Customer shall not be allowed to assign its rights and obligations by other means or procedures. Any other attempt by the Customer to assign any of its rights hereunder or any attempt by the Customer's creditors to obtain an interest in the Customer's rights under this Agreement shall not be recognised by HKDNR and may render the Domain Name registration voidable at HKDNR's sole discretion.

Removal of Domain Names and Termination of this Agreement

21. The HKDNR shall be entitled to cancel the registration of a Domain Name and to delete such Domain Name from HKDNR's database :-

(a) upon the written request of the Customer or its Agent in the prescribed form;

(b) if the correctly completed application form and the requisite fees for the Domain Name are not received by HKDNR by the respective due dates;
(c) pursuant to Clause 28 when an Arbitration Panel has rendered a decision that the registration of the Domain Name be cancelled;
(d) in the event that :-

(i) the Customer has breached any of the terms of this Agreement other than that described in Clause 21(b);

(ii) to maintain the registration of the Domain Name will put HKDNR in conflict with any statutory obligations or the terms of a HKSAR court order;
(iii) the Customer's registration of the Domain Name is challenged by a third party who has applied to a Dispute Resolution Service Provider (as defined in the Dispute Resolution Policy) for resolution of the dispute and the Customer refuses to submit itself to the arbitration proceedings in accordance with the Dispute Resolution Policy;
(iv) in HKDNR's determination, registration and use of the Customer's Domain Name contravene any of the terms and conditions of this Agreement or fraud had been committed in the registration process for the Domain Name or any information provided by the Customer to HKDNR is false or misleading or any information which HKDNR would likely consider material to its decision to register the Domain Name or to continue to provide the Customer domain name registration services has been concealed or omitted; or
(v) the name servers listed in the application are not fully set up, operational or connected to the Internet within thirty (30) calendar days of the Activation Date or that the name servers persistently do not respond to any queries in relation to the Domain Name.

22. When any of the events stated in Clause 21(d) occurs, HKDNR shall provide a written notice, describing the reason for the cancellation of registration of the Domain Name to the Customer. If, within thirty (30) calendar days of the date of sending such notice, the Customer fails to provide evidence satisfactory to HKDNR that the reason for cancellation no longer exists or is not justified, or if the reason for cancellation is due to a breach of this Agreement, it has not breached its obligations or that such breach has been remedied, HKDNR shall cancel the Customer's registration of the Domain Name.

23. The cancellation of the Domain Name shall be effective on:

(a) ten (10)business days after HKDNR has received a written request of the Customer or its Agent in the prescribed form for the cancellation of registration of the Domain Name pursuant to Clause 21(a);

(b) on the day after the end of the thirty (30) calendar days pursuant to Clause 22; or
(c) on the day after the end of the ten (10) business days pursuant to Clauses 21(c) and 28.

24. Registration of Domain Names which are cancelled solely on the ground of Clause 21(b) will become available for re-use after a reasonable suspension period determined by HKDNR. HKDNR shall not register the Domain Names in the name of any other party during this period of suspension and the Customer may make an application to HKDNR during the suspension period to reinstate such Domain Names upon submitting a completed application form and/or paying the outstanding fees and a reinstatement fee. Where no reinstatement is made, registration of such Domain Name is deemed terminated with effect from the date of deletion. An application by the Customer to reinstate the registration of such Domain Name after the suspension period shall be treated as a fresh application.

25. Once the registration of the Domain Name has been cancelled pursuant to Clause 21, it shall be available for registration again after a reasonable black-out period determined by HKDNR.

26. This Agreement shall terminate on the date on which the cancellation of registration of the Domain Name shall be effective (the "Termination Date") pursuant to Clause 23. On the Termination Date, the provisions of this Agreement shall terminate save for Clauses 11, 31, 32, 34, 35 and 36 which shall survive the termination of this Agreement. The Customer acknowledges and agrees that it shall have no claims or recourse whatsoever against HKDNR. For the avoidance of doubt, there shall be no refund to the Customer, whether in whole or in part, of any fees which have been paid to HKDNR prior to the termination of this Agreement.
Dispute Resolution

27. The Customer agrees that if the registration of the Domain Name is challenged by a third party, the dispute will be handled according to the provisions under the Dispute Resolution Policy.

28. The Customer acknowledges and agrees that any decision made by an Arbitration Panel duly appointed by a Dispute Resolution Service Provider shall be final and binding on the Customer and that HKDNR shall abide by such decision. If such decision provides that the registration of the Domain Name shall be cancelled, HKDNR shall wait for ten (10) business days after receiving such decision before taking such action.

29. Where the Customer wishes to relinquish the registration of its Domain Name in dispute so as to avoid litigation and to register a new Domain Name , HKDNR may assist the Customer with such registration subject to the provisions below and allow the Customer to maintain both Domain Names simultaneously for up to thirty (30) calendar days to allow an orderly transition to the new Domain Name. HKDNR will provide such assistance to the Customer only if the Customer :-

(a) submits an application form requesting the registration of a new Domain Name together with the prescribed Fees;

(b) submits a written request for assistance, including an identification of the Customer's desired new Domain Name; and
(c) provides HKDNR with a copy of the settlement agreement between the Customer and Complainant, which should state specifically that Complainant agrees to the co-existence of the Customer's old Domain Name and the proposed new Domain Name for a thirty (30) day period.

Fees

30. HKDNR shall have the right to impose such charges as it deems fit and to amend the fee schedule as stated in the Rules from time to time, provided that HKDNR shall give thirty (30) calendar days?notice of such changes to the Customer by posting on HKDNR's website.

Indemnity

31. The Customer hereby agrees to defend, indemnify and hold harmless HKDNR as the registry and a registrar, its officers, directors, committee members, employees and agents (collectively, the "Indemnified Parties"), from all liabilities, losses, damages, costs, legal expenses, professional and other expenses of any nature howsoever sustained, incurred, paid by or suffered by HKDNR resulting from any claim, action, or demand arising out of or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon trade mark or service mark infringement, dilution, tortious interference with contract or prospective business advantage, passing off, defamation or injury to business reputation. Each Indemnified Party shall send a written notice to the Customer of any such claim, action, or demand against that Indemnified Party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of the Indemnified Party or other Indemnified Parties.

Limitation of Liability

32. HKDNR disclaims any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of the Customer's Domain Name, password or other security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability that the Customer may incur in connection with the processing of the application for HKDNR's services, HKDNR's processing of the authorized modification to Customer's Domain Name record or the Agents?failure to pay any fees, including the initial registration fee or renewal fee; or (7) loss or liability as a result of the application of the Dispute Resolution Policy.

33. The Customer acknowledges and agrees that, by registration of its chosen Domain Name, such registration does not confer immunity from objection to either the registration or use of the Domain Name.

34. HKDNR expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. HKDNR makes no warranty that its service(s) will meet Customer's requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does it make any warranty as to the results that may be obtained from the use of the service(s). The Customer understands and agrees that any material and/or data downloaded or otherwise obtained is done at the Customer's own discretion and risk and that the Customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data.

35. The Customer acknowledges and agrees that it will not seek to recover and shall not be entitled to recover from HKDNR or to be indemnified by HKDNR against, any direct, indirect or consequential loss or damage or any claim, proceedings, cost, demand, liability or expense howsoever sustained, incurred or paid by the Customer to any party in respect of any of the matters specified in this Agreement.

36. The Customer agrees that HKDNR will not be liable for the cancellation and/or loss of use (for whatever reason and whether temporary or otherwise) of the Customer's Domain Name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if HKDNR has been advised of the possibility of such damages. In no event shall HKDNR's maximum liability under this Agreement exceed 125% of the registration fees paid in respect of a particular period of registration.

Modifications

37. The Customer acknowledges and agrees that HKDNR may amend this Agreement, from time to time and that, upon thirty (30) calendar days' posting on HKDNR's website, the Agreement shall be so amended in the manner as indicated and that such amendments are binding upon the Customer.

Assignment

38. The Customer agrees that HKDNR is entitled to assign the rights and obligations or any part thereof under this Agreement but the Customer agrees that it shall not be allowed to assign any rights or obligations under this Agreement except pursuant to Clause 20.

39. In the event that HKDNR assigns any rights or obligations under this Agreement, for whatever reason, the Customer agrees that :-

(a) it shall, prior to the date of assignment, pay HKDNR in full all monies then owing by the Customer to HKDNR; and

(b) it shall have no claims or recourse whatsoever against HKDNR. For the avoidance of doubt, there shall be no refund, whether in whole or in part, of any fees which have been paid to HKDNR prior to the assignment of this Agreement.

General Terms

40. All notices or reports permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, facsimile transmission, registered mail, courier service and/or where possible, by electronic mail and shall be deemed given upon personal delivery, or on the date of the return receipt if by post or courier service, or on the date of confirmation of transmission if by facsimile transmission, or on the date that the communication was transmitted (provided that the date of transmission is verifiable) if by electronic mail.

41. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

42. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Notwithstanding any provisions herein, HKDNR may in its absolute discretion waive any rights that it may have under this Agreement or the operation of any term or condition which is to the benefit of the HKDNR.

43. No failure or delay by HKDNR to exercise any right under this Agreement or otherwise will operate as a waiver of that right or any other right, nor will any single or partial exercise of any such right preclude any other or further exercise of that right or the exercise of any other right.

44. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by any decision of a HKSAR court, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Such provision shall be severed from the remaining provisions which shall continue to be valid to the fullest extent permitted by law. The Customer consents to HKDNR amending or replacing the unenforceable or invalid provision with one that is valid and enforceable and which achieves, to the fullest extent possible, the original objectives and intent of HKDNR as reflected in the original

45. This Agreement including the Rules and the Dispute Resolution Policy, as may be amended by HKDNR from time to time, constitutes the complete and exclusive agreement of the parties regarding the registration and/or use of Domain Names. This Agreement supersedes and governs all prior proposals, agreements or other communications between the parties. In the event of any discrepancy between the English and Chinese versions of this Agreement , the English version shall prevail.

46. This Agreement shall be governed by and interpreted in accordance with the laws of HKSAR. The parties hereby submit to the exclusive jurisdiction of the Courts in HKSAR. provision.

Hong Kong Domain Name Registration Company Limited

Privacy Policy Statement

Our Privacy Policy

It is the policy of Hong Kong Domain Name Registration Company Limited to meet fully the requirements of the Personal Data (Privacy) Ordinance. In doing so, we will put in place appropriate systems and ensure compliance by our staff with the standards of security and confidentiality prescribed by law.

This Statement explains our privacy practice.

Collection of Personal Information
We will occasionally collect personal information from you which will be processed for the specific purpose which will be given at the time. Such purposes may include applications relating to our domain name registration services, updating of our database to ensure that we have accurate details with which to maintain our register, or the processing of complaints, enquiries or feedback.

In addition to any specific purpose, where personal information is provided by you, we may occasionally use such information to send you promotional materials or updates regarding the services we provide. You may choose to opt-out from receiving such materials as well as to change your preference with regard to the receipt of such materials

We shall make a record of your visits to our website. The record will show the domain name server address part of your email address, and details of the pages visited. We only collect aggregate information about the number and types of visitors by reference to their domain name server address. This information is used by us for preparing general statistics on the usage of our websites.

Some of the information we collect will be gathered through the use of “cookies”. Cookies are small bits of information that are automatically stored on a person’s web browser in their computer that can be retrieved by this site. You may be requested to enable these cookies setting on your browser. Our use of this technology does not mean that we automatically know any information about you. Your accepting a cookie in no way gives us access to your computer or any personal information about you.

Security
We will use such secured encryption systems as are appropriate when collecting personal information over the Internet.

Any information we receive from you will not be disclosed by us to any party outside Hong Kong Domain Name Registration Company Limited except as provided herein or with your prior consent. Personal information, whether stored in electronic form on computers or in hard-copy form will be accessible only by our authorized employees. Employees designated to handle personal data will be made acquainted with this Privacy Policy Statement and told how to fulfil our obligations to you.

Hyperlinks
This Privacy Statement only applies to Hong Kong Domain Name Registration Company Limited. If you click on a hyperlink taking you from our website to another website we shall not be responsible for the privacy and security practices or the content of such websites and you should refer to the privacy policy of each website you enter.

Disclosure and Sharing of Personal Information
Personal information held by us will be kept confidential, save in compliance with the stated purpose of our business which purpose includes the making public of certain information about our registrants, or to other duly appointed registrars. In addition we may provide such information to:

? any personnel, agent, adviser, auditor, contractor or service provider who provides services or advice to us in connection with our operations;

? any person under a duty of confidentiality to us;

? any person to whom we are required to make disclosure under any law applicable in or outside Hong Kong.

You should note that as we have no control over the acts of any third party, the privacy protection stated in this Privacy Policy Statement ceases to apply to any information which has been disclosed to a third party in accordance with this policy. We endeavour to deal only with responsible third parties but assume no responsibility for the privacy protection provided by such third parties.

Data Retention
Personal information you provide to us will be retained for such period as may be necessary for the carrying out of the purposes referred to in this Privacy Policy Statement or as otherwise specified at the time of collection.

Personal Information Access and Correction
You have the right to request access to and correction of information about you held by us. If you wish to exercise this right, please present your enquiry or request to our Data Protection Officer by e-mail to dpo@hkdnr.net.hk or write to:

Data Protection Officer

Hong Kong Domain Name Registration Company Limited

306A H.K.I.T.C.

72 Tat Chee Avenue

Kowloon Tong, Hong Kong

Chinese Version
If there is any conflict or difference between the Chinese version of this Privacy Policy Statement and its English version, the English version prevails.