must have a registered company in Hong Kong, Can register multiple domains and domain can be different than company name.

Hong Kong Domain Name Registration Company Limited
Rules for .hk Domain and Sub-domains
Version 3.0



Effective 26 January 2004 for new applications for Second Level Domain Names or Third Level Domain Names registrations. Effective 16 February 2004 for Third Level Domain Names registered before 26 January 2004.

NOTICE: Second Level Domain Name applications during the Soft Launch Period are governed by the Soft Launch Period Rules, as well as these Rules and the Registration Agreement. Second Level Domain Names will be generally available to the public after the Soft Launch Period. If you are applying to register a Second Level Domain Name during the Soft Launch Period, please refer to the Soft Launch Period Rules which we will post separately on our website: http://www.hkdnr.hk.

These Rules form part of the Registration Agreement

1. DEFINITIONS:

In these Rules:

"Activation Date" for a Domain Name means the date on which we notify you we have approved the Domain Name registration.

"Agent" means a registration service provider or other agent who is registered with and authorized by us.

"Contract Period" means the period of your Registration Agreement with us that you elect on registration, renewal or transfer of a Domain Name of 1, 2, 3 or 5 years or such other period as currently offered by us.

"Dispute Resolution Procedures" means the "HKDNR Domain Name Dispute Resolution Policy" including its Rules of Procedure and any subsequent versions, amendments and supplements.

"Domain Name" means a domain name under the .hk country code top level domain.

"HKDNR" means the Hong Kong Domain Name Registration Company Limited.

"HKSAR" means the Hong Kong Special Administrative Region of the People's Republic of China.

"Minor" means a person aged between 11 and 17 years old.

"Soft Launch Period" means the period during which you will be able to apply to register a Second Level Domain Name in accordance with the Soft Launch Period Rules.

"Soft Launch Period Rules" means the rules which, together with the Registration Agreement and these Rules, govern the Second Level Domain Name registration during the Soft Launch Period.

"Registration Agreement" means the agreement between us and you in respect of a Domain Name including its subsequent versions, amendments and supplements.

"Second Level Domain Name" means a Domain Name consisting of only two levels (for example, .name.hk).

"Third Level Domain Name" means a Domain Name consisting of three levels (for example, name.com.hk) under the existing second level domains (.com.hk, .gov.hk, .org.hk, .edu.hk, net.hk, .idv.hk) and any other second level domains that we introduce from time to time in the HKSAR.

"We" or "us" means HKDNR.

"You" means an applicant who has applied to us, directly or through an agent or any other registrars appointed by us (a list of registrars appointed by us is set forth in www.hkdnr.hk), for the registration of a new Domain Name, or a current holder of a Domain Name.


2. ELIGIBILITY REQUIREMENTS

2.1 Minors

Minors are not eligible to register a Domain Name unless the application is jointly executed by the parent or guardian of the minor. The parent or guardian must meet the eligibility requirements and provide the required documentary proof, if any, for the type of Domain Name registration which is the subject of the application.

2.2 Children

Any individual that is under the age of 11 is not eligible to register a Domain Name.

2.3 Second Level Domain Names

All interested individuals and entities are eligible to register a Second Level Domain Name, except during the Soft Launch Period. You do not need to provide any documentary proof to us when applying to register a Second Level Domain Name, except during the Soft Launch Period.

2.4 .idv.hk Domain Names

All residents of HKSAR are eligible to register a .idv.hk Domain Name. You need to provide a copy of your valid HKID card to us as documentary proof that you are a resident of HKSAR when applying to register a .idv.hk Domain Name. If you are a Minor, your parent or guardian needs to provide a copy of their HKID card and you need to provide a copy of your Certificate of Birth / Guardian Certificate (as applicable) as documentary proof to us when applying to register a .idv.hk Domain Name.

2.5 .com.hk Domain Names

Commercial entities registered in HKSAR are eligible to register a .com.hk Domain Name. You need to provide a copy of your Business Registration Certificate from the Inland Revenue Department of the HKSAR Government, or a Certificate of Registration of Overseas Company from the Companies Registry of the HKSAR Government to us as documentary proof when applying to register a .com.hk Domain Name.

2.6 .org.hk Domain Names

Registered or approved not-for-profit organisations in HKSAR are eligible to register a .org.hk Domain Name. You need to provide documentary proof to us that you are a not-for-profit statutory body in HKSAR, a not-for-profit entity registered with the Companies Registry, a not-for-for profit entity with a Certificate of Registration of a Society from the Hong Kong Police Force, or another approved "not-for-profit" entity when applying to register a .org.hk Domain Name.

2.7 .net.hk Domain Name

Entities managing network infrastructure, machines and services with a licence from the Office of Telecommunications Authority of the HKSAR Government are eligible to apply for a .net.hk Domain Name. You need to provide a copy of your PNETS (IVANS/ISP) license from the Office of the Telecommunications Authority of the HKSAR Government as documentary proof to us when applying to register a .net.hk Domain Name.

2.8 .gov.hk Domain Name

Bureaux and departments of the HKSAR Government are eligible to register a .gov.hk Domain Name. You need to provide documentary proof to us that you are a bureaux or department of the HKSAR Government when applying to register a .gov.hk Domain Name.

2.9 .edu.hk Domain Name

Registered schools, tertiary institutions and other approved educational institutions in HKSAR are eligible to register a .edu.hk Domain Name. You need to provide a copy of your Certificate of Registration of a School from the Education Department of the HKSAR Government, or other documentary proof to us when applying to register a . edu.hk Domain Name.



3. APPLYING TO REGISTER A DOMAIN NAME

3.1 Submission of online application form

To apply to register a Domain Name you must fill in and submit the online application form.

3.2 Election of contract period

When you apply to register or transfer a Domain Name and at each renewal date you must elect a Contract Period. The initial Contract Period will commence on the Activation Date. Each subsequent Contract Period will commence on the day immediately following the end of the previous Contract Period.

3.3 Submission of documentary proof

You may submit copies of the documents that accompany your application, including but not limited to documentary proofs for eligibility requirements, to us by fax, post or electronic means. If you send documents to us electronically, we will only accept documents in .pdf, .gif or .jpg format.

4. Domain Name Structure

4.1 Choosing a Domain Name

Any Domain Name you apply to register must meet the Domain Name structure requirements in Rule 4.2 or Rule 4.3. If your Domain Name does not meet the Domain Name structure requirements in Rule 4.2 or 4.3 we may refuse to register the Domain Name.

4.2 Second Level Domain Names

The total length of the two parts of a Second Level Domain Name, including the dots (.) separating the two parts, cannot exceed 63 characters. The only characters allowed in the second level of the Second Level Domain Name are letters (A to Z, case-insensitive), digits (0 to 9) and hyphens (-). The second level of the Second Level Domain Name can only begin and end with letters or digits. Hyphens (-) are not allowed in the third and fourth character positions.

4.3 Third Level Domain Names

The total length of the three parts of a Third Level Domain Name, including the dots (.) separating the three parts, cannot exceed 63 characters. The only characters allowed in the third level of the Third Level Domain Name are letters (A to Z, case-insensitive), digits (0 to 9) and hyphens (-). The third level of a Third Level Domain Name can only begin and end with letters or digits. Hyphens (-) are not allowed in the third and fourth character positions.

5. RESERVED DOMAIN NAMES AND PROHIBITED DOMAIN NAMES

5.1 Right to reserve Domain Names

We have the right to reserve Domain Names at any time, including for the purpose of auctioning the Domain Names in accordance with Rule 6.2, and to prevent those reserved Domain Names from being registered in our sole discretion. We are not required to inform you of the reason for the reservation of any Domain Name.

5.2 Prohibited Domain Names

We may refuse to register Domain Names that are:

(a) 1-character words; or

(b) generic top-level domains; or

(c) full names or abbreviations of all local regions or districts; or

(d) 2-character country codes as defined in ISO 3166; or

(e) popular surnames or family names.

5.3 .idv.hk Domain Names

In the case of .idv.hk Domain Names, we may refuse to register Domain Names that only contain:

(a) your surname or family name (whether in its original language or translated into any other languages or dialects); or

(b) word(s) (including word(s) of phonetic equivalence) that are, according to their ordinary signification, a surname or a family name; or

(c) such other names as reserved by us.

5.4 Use of the word "government"

With the exception of Domain Names registered under .gov.hk, we may refuse to register Domain Names that consist of or contain a reference to the word "government" or related words where such use is likely, in our opinion, to connote that you have HKSAR Government's authorisation.

5.5 Use of the word "bank"

If you apply for the registration of a Domain Name that uses the word "bank¡¨ or any of its derivatives in English or any translation of them, or uses the letters "b", "a", "n", "k" in that order in the Domain Name, you must provide to us with your application for such a Domain Name a true copy of the specific consent granted by the Monetary Authority (MA) under section 97 of the Banking Ordinance for the use of banking names or descriptions with your application to register the Domain Name. This requirement does not apply if you are not restricted from using banking names and descriptions by the relevant provisions of section 97 of the Banking Ordinance (e.g., a bank authorized under the Banking Ordinance) or by the general consent given by the MA under section 97 of the Banking Ordinance.

We may refuse to register or cancel the registration of a Domain Name if you fail to comply with this Rule 5.5, or the Domain Name registration may lead, in our opinion, to your contravention of section 97 of the Banking Ordinance.

Further details of the restriction on use of banking names and descriptions under section 97 of the Banking Ordinance can be found in:
Section 97 of the Banking Ordinance (Cap.155, the Laws of Hong Kong)
Chapter 7 of the Guide to Authorization issued by the MA

5.6 Use of the word "insurance" or "assurance"

If you apply to register a Domain Name that contains the words ¡§insurance¡¨ or ¡§assurance¡¨ or which fall within any of the restrictions under section 56(A) of the Insurance Companies Ordinance (Cap 41), you must provide to us with your application the written consent issued by the Insurance Authority with respect to your use of such Domain Name.

We may refuse to register or cancel the registration of a Domain Name if you do not comply with this Rule 5.6, or the Domain Name registration may lead, in our opinion, to your contravention of section 56(A) of the Insurance Companies Ordinance (Cap 41).

Further details of the restriction on use of the words "insurance" and "assurance" under section 56(A) of the Insurance Companies Ordinance can be found in:
Section 56(A) of the Insurance Companies Ordinance (Cap.41, the Laws of Hong Kong)

5.7 Other situations giving rise to refusal of a Domain Name

We are entitled to refuse any application to register a Domain Name due to other technical and operational considerations or if the registration of such Domain Name would be contrary to the law of the HKSAR.

6. PRIORITY OF APPLICATIONS

6.1 General allocation of Domain Names

Subject to Rule 6.2 and the Soft Launch Period Rules, all applications to register a Domain Name will be processed on a first-come-first-serve basis.

6.2 Auctioning of Domain Names

We may in our sole discretion decide to auction certain Domain Names that we have reserved. We will provide notice to you of any upcoming auctions by posting the details of the auction on our website thirty (30) calendar days before the auction commences.

7. NAME SERVERS

7.1 Provision of name servers details

To activate your Domain Name registration you must list at least two independent name servers in your application form. These name servers have to be operational, connected to the Internet, and able to receive queries in relation to the Domain Name and respond to any such queries accordingly. The contact persons provided by you in your application form shall be responsible for and familiar with the Domain Name service and its operation.

7.2 Cancellation of Domain Name registration if name servers not operational

Pursuant to clause 12.1(d)(vi) of the Registration Agreement, we may cancel a Domain Name registration if the name servers listed in your application are not fully set up, operational or connected to the Internet within thirty (30) calendar days after the Activation Date or if the name servers persistently do not respond to the queries in relation to the Domain Name.

7.3 Provision of temporary name server records

If you do not provide any valid name server details when you apply to register a Domain Name we shall provide temporary name server records from the Activation Date until the records of the Domain Name are modified in accordance with Rule 7.4 or the Domain Name registration is cancelled or transferred. We will only provide temporary name server records.

7.4 Modifying temporary name server details

You can modify the name server details temporarily provided by us for your newly registered domain name in accordance with Rule 9.3.

8. PASSWORDS

You are required to choose and assign a password to each of your Domain Name registrations. We will use the password as the identification key for future modification of your Domain Name registration information by you. It is your sole responsibility to safeguard your passwords from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your password.

9. MODIFICATION OF DOMAIN NAME DETAILS

9.1 Online modification form

You may only modify a Domain Name registration by submitting an online modification form to us, except if you are using an Agent.

9.2 Modification of contact information

We will accept and activate an online modification form requesting modification of contact information of a Domain Name when the correct password for that Domain Name is submitted with the online modification form. We will send an e-mail notification to both the new and old administrative contacts and technical contacts after the change of contact information is activated.

9.3 Modification of name servers

We will accept an online modification form requesting modification of the name servers of a Domain Name when the correct password for that Domain Name is submitted with the online modification form. We will send an e-mail notification to the administrative contact and the technical contact on receipt of the online modification form. If we do not receive an objection to the modification within 48 hours from the time we send email notification to the administrative contact and the technical contact, we will activate the modification of the name servers:

(a) within 48 to 72 hours from receipt of the online modification form; or

(b) on the effective date you select and notify to us in the online modification form provided the effective date is at least 3 calendar days from the date you submit the online modification form.

10. CANCELLATION OF DOMAIN NAMES

10.1 Cancellation at your request

You may only cancel your Domain Name registration by submitting an online cancellation form to us, except if you are using an Agent. We will accept an online cancellation form requesting cancellation of your Domain Name registration when the correct password for that Domain Name is submitted with the online cancellation form. We will send an e-mail notification to the administrative contact and the technical contact on receipt of the online cancellation form. We will activate the cancellation of your Domain Name if we do not receive an objection within seven (7) calendar days from the date we notify the administrative contact and the technical contact.

10.2 Cancellation by us

We may cancel your Domain Name registration for any of the reasons provided in the Registration Agreement.

11. UNAUTHORIZED MODIFICATIONS OR CANCELLATIONS

11.1 Objections to unauthorized modifications or cancellations

If during the notification period in Rule 9.3 or Rule 10.1 you claim that any online modification form or online cancellation form relating to your Domain Name was submitted without your authorization and you object to the modification or cancellation, you must submit with your objection documentary proof satisfactory to us that you are the authorized Domain Name holder before we will disallow the modification or cancellation.

11.2 Approval of unauthorized modifications or cancellations

If during the notification period in Rule 9.3 or Rule 10.1 you claim that any online modification form or online cancellation form relating to your Domain Name was submitted without your authorization but you decide to approve the modification or cancellation, before we will allow the modification or cancellation you must:

(a) submit with your claim documentary proof satisfactory to us that you are the authorized Domain Name holder; and

(b) resubmit an online modification form or online cancellation form for the modification or cancellation.

12. RENEWAL OF DOMAIN NAME REGISTRATIONS

12.1 Renewal of Domain Names Registration

At the end of each Contract Period, you must renew your Domain Name registration in accordance with the version of the Registration Agreement and the Rules current at the date of renewal.

12.2 Election of Contract Period at Renewal

When you renew your Domain Name registration you must elect a further Contract Period for your Domain Name registration.

12.3 Renewal fees

Renewal is subject to a fee, in accordance with the version of the Registration Agreement and Rules current at the date of renewal, which is due on the first day after the end of the Contract Period. We will send an email reminder to the Billing Contact (or the Administrative Contact if the Billing Contact does not exist) stating when payment of the renewal fee is due.

12.4 Failure to pay renewal fee

If you fail to pay the renewal fee by the due date we will cancel your Domain Name registration and the Domain Name will enter a black-out period. During the black-out period you may apply to reinstate your Domain Name provided you pay us the renewal fee, the late charge, and any other outstanding fees. If you do not apply to reinstate your Domain Name registration during the black-out period the Domain Name will become available to the general public for registration.

13. HANDLES

13.1 A "contact handle" and a "host handle" (a unique identifier made up of alpha-numeric characters) can be assigned to a Domain Name contact record and a name server record in our Domain Name database.

13.2 Only our service partners shall be eligible to apply for the use of the handles described in Rule 13.1.

14. RE-REGISTRATION

14.1 Registrations on or before 31 May 2001 with HKNIC

If you registered a Domain Name with HKNIC on or before 31 May 2001 you must re-register with us in order to maintain your Domain Name registration. Your failure or refusal to re-register may render your Domain Name registration void.

14.2 Registrations prior to 1 June 2001 under HKNIC Registration Agreement Version 3.0

If you registered a Domain Name under HKNIC Registration Agreement Version 3.0, your Domain Name registration will automatically be subject to and you must abide by the Registration Agreement. If you refuse to comply with the Registration Agreement, you may choose either to cancel your Domain Name registration or have your Domain Name registration cancelled by us.

14.3 Registrations under HKNIC Registration Agreement Version 1.x or 2.xx

If you registered a Domain Name under HKNIC Registration Agreement Version 1.x or 2.xx, you may inform us if you opt to instead be subject to the Registration Agreement. If you do not inform us that you wish to be subject to the Registration Agreement, you shall be bound by the terms and conditions of the earlier version of HKNIC Registration Agreement which you entered into and you shall not be entitled to any new services offered under the Registration Agreement. For the avoidance of doubt, in the event that you apply for additional Domain Names (Multiple Domain Names) under the Registration Agreement, your existing as well as new registrations shall automatically be subject to the Registration Agreement.

15. FEES

15.1 Fees payable according to Fee schedule

We will charge you the registration fee, renewal fee and other administrative fees according to the fee schedule as set out in Rule 15.4.

15.2 Service dependent on fees being paid

Our Domain Name registration services will only be rendered to you after you make due payment of all our fees. If you pay be cheque, fees shall be deemed paid on clearance of the cheque. You must pay all our fees at the time you apply to us for the service to which the fee relates, or as we otherwise notify you in writing.

15.3 Fees non-refundable

All fees you pay to us are non-refundable.


We reserve the right to charge different fees for any Domain Names that we release from reservation (Rule 5.1) or auction in accordance with Rule 6.2 in our sole discretion.

15.5 Fees payable by you if your Domain Name registration is governed by HKNIC Registration Agreement Version 1.x or 2.xx

If your Domain Name registration is governed by HKNIC Registration Agreement Version 1.x or 2.xx and you opt to continue with your existing HKNIC contract you will be required to pay the then current administration fee for Domain Name modification if you modify your Domain Name registration details which is the only existing service to which you are entitled.

16. DOMAIN NAME DISPUTES

16.1 All disputes governed by Dispute Resolution Policy

All disputes in relation to the registration and use of a Domain Name registered with us by you, between you and any party other than us are governed by the Dispute Resolution Policy

16.2 Arbitration or court proceedings

A dispute can either be resolved by the Arbitration Panel appointed by the approved Dispute Resolution Service Providers or adjudicated by a HKSAR court.

16.3 Arbitration

In compliance with Rules 16.1 and 16.2, the dispute must follow the mandatory arbitration proceedings set forth under the Rules of Procedure of the Dispute Resolution Policy.

16.4 Arbitration Panel decisions binding

The Arbitration Panel's decisions regarding a dispute will be final and binding.

16.5 No modifications to Domain name registrations during a dispute

If we are notified that a complaint has been filed pursuant to the Dispute Resolution Policy or a writ has been filed with a HKSAR court in relation to a Domain Name, we reserve the right to suspend the use of the Domain Name and reject any online modification form for the Domain Name until:

(a) the resolution of the dispute by the Arbitration Panel; or

(b) we are otherwise directed by the HKSAR court; or

(c) we receive notice from you and the other party to the dispute (or, in the case of legal proceedings, the parties to the relevant proceedings) that the dispute or complaint has been settled; or

(d) you relinquish the Domain Name pursuant to Clause 14.3 of the Registration Agreement.

17. NOTIFICATION

17.1 Communication by e-mail

We shall communicate with you in relation to the registration, renewal and all other services of your Domain Name via e-mail transmission. The e-mail addresses we will use for this purpose shall be the email addresses provided by you during the registration of the Domain Name and any subsequent modification of the contact information.

17.2 No liability for failure of Internet communications

As internet communications may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission, we exclude any liability for failures, malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages and transactions sent or received by you or us.

18. AMENDMENT OF RULES

We reserve the right to amend these Rules at any time. Each time we amend the Rules we will publish the amended version of the Agreement in advance (where practicable, 14 calendar days in advance) on our web site: http://www.hkdnr.hk. Each amended version of the Rules will become binding and effective on you and us on the effective date specified at the top of the amended version, and will replace all previous versions of the Rules. You should review our web site regularly in order to be aware of all such amendments.

HKOLK/857152.1
Hong Kong Domain Name Registration Company Limited Domain Name Registration Agreement for .hk and ?? Domain Names Version 5.0 Effective 22 February 2011
Applicants applying for .hk and .??domain names through the Hong Kong Domain Name Registration Company Limited must enter into this Agreement with the Hong Kong Domain Name Registration Company Limited. The Hong Kong Domain Name Registration Company Limited is one of the HKIRC-Accredited Registrars and provides registration services for all domain categories under .hk and .?? country code top level domain.
1. DEFINITIONS In this Agreement: "Activation Date" for a Domain Name means the date on which we notify you we have approved the Domain Name registration.
"Agent" means a registration service provider or other agent who is registered with and authorized by us. "Bundled Domain Names" has the meaning given in clause 4.
"Business Days" means normal working days in Hong Kong, excluding weekends and bank and public holidays and days during which a black rainstorm and Typhoon signal number 8 or above is hoisted. "Cancel" or "Cancellation" means the deletion of a Domain Name from our register of Domain Names. "Chinese Characters" means, in respect of a Chinese character, the traditional or simplified form of such Chinese character or any other variant to that Chinese character as set out in the Chinese Character Variant Table. "Chinese Characters Variant Table" means the table used by us listing those Chinese characters that can be written in more than one traditional form and/or more than one simplified form. "Chinese Domain Name" means a domain name which (i) ends with ".hk" or ".??"; (ii) in the case of .hk domain names, contains at least one or more Chinese Characters , (iii) may contain one or more uppercase or lowercase English letters, numbers and/or hyphens; (iv) is not more than 15 Chinese Characters, letters or numbers in total length excluding the ".hk" or ".??" extension; (v) begins and end with a Chinese Character, a letter or a number; and (vi) does not contain hyphens in the third and fourth character positions. "Dispute Resolution Procedures" means the HKIRC Domain Name Dispute Resolution Policy including its Rules of Procedure and any subsequent versions, amendments and supplements. "Domain Name" means a domain name under the .hk or .?? country code top level domains, and includes Chinese Domain Names and English Domain Names, or either as the context may require. "English Domain Name" means a domain name under the .hk country code top level domain name which contains no Chinese Characters.
"Equivalent Domain Name Categories" means domain name categories appearing on the same row in the below table. Domain name categories on the same row are equivalent to each other,
Domain name categories for .??
Domain name categories for .??
Domain name categories for .??
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.com.hk
.??.hk
.??.??
.org.hk
.??.hk
.??.??
.net.hk
.??.hk
.??.??
.edu.hk
.??.hk
.??.??
.gov.hk
.??.hk
.??.??
.idv.hk
.??.hk
.??.??
.hk
.hk
.??
"HKDNR" means the Hong Kong Domain Name Registration Company Limited.
"HKIRC" means the Hong Kong Internet Registration Corporation Limited.
'HKNIC" means Hong Kong Network Information Centre, the previous administrator of .hk Domain Names. "HKSAR" means the Hong Kong Special Administrative Region of the People's Republic of China.
"Paired Domain Name" has the meaning given in clause 5.2 of the Registration Policies.
"Pre Launch Priority Registration Period Rules" means the rules which, together with this Agreement and the Registration Policies, govern the registration of Chinese Domain Names under the .?? country code top level domain during the Pre Launch Priority Registration Period.
"Registration Policies" means the Registration Policies, Procedures and Guidelines issued and amended by HKIRC from time to time. "Second Level Domain Name" means a Domain Name consisting of two levels (for example, name.hk or??.??). "Third Level Domain Name" means a Domain Name consisting of three levels (for example, name.com.hk or ??. ??.??) under the existing second level domains or any other second level domains that may be introduced from time to time. "We" or "us" means HKDNR. "You" means an applicant who has applied to us, directly or through an Agent appointed by us (a list of Agents appointed by us is available on www.hkdnr.hk), for the registration of a new Domain Name, or a current holder of a Domain Name. 2. REGISTRATION OF DOMAIN NAMES WITH US 2.1 Registration Agreement This Agreement is between you and us. By applying for the registration of a new Domain Name, either directly or through an Agent, you agree to be bound by the terms and conditions of this Agreement. 2.2 The Registration Policies and Dispute Resolution Policy The Registration Policies and the Dispute Resolution Policy form part of this Agreement.
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3. APPLICATION FOR A DOMAIN NAME 3.1 Eligibility for a Domain Name There are different eligibility requirements for each type of Domain Name. The eligibility requirements are set out in clause 3 of the Registration Policies. 3.2 Application by a Minor If you are a Minor (as defined in the Registration Policies), you may only apply for a Domain Name if your application is jointly executed by your parent or guardian. By jointly executing your application, your parent or guardian: (a) guarantees the full and timely performance by you of your obligations, duties and warranties owed to us pursuant to this Agreement; and (b) indemnifies us as primary obligor in accordance with clause 19 of this Agreement for any loss or liability arising from your breach or non-performance of any obligations you owe to us. 3.3 Documentary proof The Registration Policies set out the documentary proof that you are required to provide to us to establish that you meet the eligibility requirements for the type of Domain Name for which you are applying. We may require you to submit documentary proof to verify any information contained in your application or which we may otherwise require to be provided to us from time to time, even after the registration of your Domain Name. We will determine if the documentary proof you provide is adequate in relation to each application.
You may submit copies of the documents that accompany your application, including but not limited to documentary proofs for eligibility requirements, to us by fax, post or electronic means. If you send documents to us electronically, we will only accept documents in .pdf, .gif or .jpg format. 3.4 Failure to provide documentary proof If you fail to provide the documentary proof required by the Registration Policies within a reasonable time of making the request, we reserve the right to refuse your application for registration, or cancel your registration, of a Domain Name. However, we may also, in our sole discretion, accept applications that are not accompanied by the requisite documentary proof. 3.5 Registration of more than one Domain Name You may register more than one Domain Name with us provided such registrations do not contravene any of the terms of this Agreement. 3.6 Representations and warranties by you By making an application for a Domain Name, you represent and warrant to us that: (a) to the best of your knowledge and belief, the Domain Name you are applying for will not infringe or otherwise violate the legal rights of any third party; (b) you intend to use the Domain Name; (c) your use of the Domain Name shall be bona fide for your own benefit and shall be for lawful purposes; (d) you will not knowingly use the Domain Name in violation of any applicable laws and regulations; (e) all information you or your Agent provides to us, including further additions or alterations to such information, is true, complete and accurate; and
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(f) in the event that you receive notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, you will immediately send us a written notice notifying us of such claim, action or demand. We rely on all representations made and warranties given by you in determining if your application for a Domain Name should be approved.
3.7 Submission of online application form To apply to register a Domain Name you must fill in and submit the online application form. 3.8 Election of contract period When you apply to register, transfer or unbundle a Domain Name and at each renewal date you must elect a Contract Period. The initial Contract Period will commence on the Activation Date. Each subsequent Contract Period will commence on the day immediately following the end of the previous Contract Period provided that renewal fees have been paid on time.
4. BUNDLING OF DOMAIN NAMES
4.1 Allocation of English Domain Names to holders of Chinese Domain Names
If you are the registrant of a .??Chinese Domain Name (whether for an existing Domain Name registration or a new Domain Name application under this Agreement) which has not been bundled with an English Domain Name, you are entitled to register, free of charge, an English Domain Name in the Equivalent Domain Name Category, and having the same expiry date.
4.2 Allocation of Chinese Domain Names to holders of English Domain Names
If you are the registrant of an English Domain Name (whether for an existing Domain Name registration, or a new Domain Name application under this Agreement) which has not been bundled with a .?? Chinese Domain Name, you are entitled to register, free of charge, a Chinese Domain Name under the .?? country code top level domain in the Equivalent Domain Name Category, and having the same expiry date.
4.3 Time for Applications under clauses 4.1 and 4.2
If you are applying for either an English Domain Name in the Equivalent Domain Name Category under clause 4.1 or a Chinese Domain Name under the .?? country code top level domain in the Equivalent Domain Name Category under clause 4.2, you may apply at any time prior to ninety (90) days before the expiry of your existing Domain Name.
4.4 Bundling of Allocated Domain Names
Domain Names allocated under clauses 4.1 or 4.2 will, on allocation, be automatically bundled together with the Domain Name to which they relate.
4.5 Bundling of Existing Domain Names
If you hold an existing English Domain Name registration and an existing .?? Chinese Domain Name registration under Equivalent Domain Name Categories, and both of which are not already bundled with other Domain Names, you may apply at any time, via the HKDNR website, www.hkdnr.hk, to bundle these two Domain Names together (together with Domain Names referred to in clause 4.4, "Bundled Domain Names").
If two existing Domain Names are bundled together under this clause 4.5, after bundling, the two Bundled Domain Names will have a new expiry date, equal to the sum of the expiry dates for the two Domain Names bundled together.
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4.6 Effect of Bundling Domain Names
Bundled Domain Names:
(a) will be treated as one Domain Name for the purposes of transfer and renewal;
(b) will have the same expiry date;
(c) must have the same individual or entity listed as the registrant for both of the domain names in the bundle, and any change of holding right or transfer of one or more of the domain names in the bundle (but not the whole bundle) will require the Bundled Domain Names to be unbundled;
(d) must be administered by the same registrar; and
(e) will be subject to one set of Fees and charges.
If at any point you wish to unbundle the Bundled Domain Names held by you, you may do so via our website, subject to payment of any Fees due in relation to the unbundled Domain Names in accordance with this Agreement. If you fail to pay the required Fees, we will cancel your unbundled Domain Name registration and the Domain Name will enter a black-out period. During the black-out period you may apply to reinstate your Domain Name, provided you pay us the relevant outstanding Fees. If you do not apply to reinstate your Domain Name registration during the black-out period the Domain Name will become available to the general public for registration.
4.7 Registrar's discretion in accepting Bundled Domain Names
Applications to bundle or unbundle Domain Names under this Agreement are subject to HKDNR's discretion and approval.
5. ALLOCATION POLICY We allocate Domain Names in accordance with this Agreement and the Registration Policies. 6. APPROVAL OF APPLICATION FOR A DOMAIN NAME 6.1 Approval and Activation The day on which we notify you that your Domain Name application has been approved shall be the effective date of the registration of your Domain Name (the "Activation Date"). 6.2 Refusal to register a Domain Name We may in our sole discretion refuse to register any Domain Name selected by you, including, without limitation, as set out in the Registration Policies. We are not obliged to provide you with any reasons or grounds for such refusal but on your reasonable request and in our absolute discretion we may inform you of such reasons or grounds. 7. EFFECTS OF REGISTRATION 7.1 Right to use Domain Name Once we have approved your application for the registration of a Domain Name you shall have the right to use the Domain Name as your address on the Internet subject to your compliance with this Agreement and the Registration Policies. 7.2 Registration does not constitute ownership Your registration of a Domain Name does not constitute and shall not be used by you as evidence of ownership of the Domain Name.
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7.3 No responsibility for use of Domain Name We do not accept any responsibility for the use of any Domain Name on our register and in particular for any conflict with trademarks or service marks, whether registered, or unregistered in any jurisdiction. 7.4 No decision as to legality of Domain Name By registering a Domain Name we have not made any determination, nor are we capable of making any determination, with respect to the legality of the Domain Name registration or otherwise evaluating whether registration or use of the Domain Name may infringe any rights of a third party. As a consequence, you shall not use the fact that we have registered the Domain Name as a defence in any legal proceedings brought against you by any third party in connection with your registration or use of the Domain Name. 7.5 Publication of your personal data By applying for a Domain Name, you consent to us publishing your details, including but not limited to your name, the administrative contact's particulars (including name, address, telephone number, fax number, and email address), the dates relating to the registration of the Domain Name and results of any dispute resolution proceedings, if your application is approved. You acknowledge 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. We 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 your Domain Name or any other related purpose pursuant to our privacy policy and personal information collection statement.
8. USE OF AN AGENT 8.1 Application through an Agent If you make an application for the registration of a Domain Name through an Agent, you agree that you shall nonetheless be bound as a principal by the terms and conditions of this Agreement. 8.2 Agent's actions are binding on you By acting on your behalf your Agent certifies that it: (a) is authorized to apply for our services on your behalf; (b) is authorized to bind you to the terms and conditions of this Agreement; and (c) has notified you of the terms and conditions of this Agreement. 8.3 Responsibility for Agent If you use an Agent for any applications for the registration, renewal, modification, transfer, bundling, unbundling or deletion of a Domain Name, you agree to be responsible for any errors made by the Agent, and your continued use of our services shall rectify any unauthorized acts of the Agent. 8.4 No refund of Fees due to error by Agent. We shall not refund any Fees paid by you or the Agent on your 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 or the Registration Policies, the Agent incorrectly provides information in the application process, or the Agent changes or otherwise modifies your Domain Name record incorrectly. For the avoidance of doubt, we are not bound by, or obliged to rely on any representations made by the Agent. 9. INFORMATION YOU PROVIDE TO US 9.1 Form of applications
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All applications for the registration, renewal, modification, transfer, unbundling or deletion of a Domain Name shall be made in the form and manner we prescribe from time to time. 9.2 Provision of up-to-date information You agree to promptly inform us of any changes, amendments or corrections to any information you have provided to us within thirty (30) calendar days of the occurrence of such changes, amendments or corrections. 10. FEES 10.1 Payment of Fees You agree to pay us the prescribed charges for registration, modification, transfer, renewal, unbundling or cancellation of your Domain Name registration or any of our other administrative services as set out below in clause 10.4 and as updated from time to time ("Fees"). We have the right to impose such Fees as we deem fit and to amend the Fees from time to time, provided that we give you thirty (30) calendar days notice of such Fee amendments by posting the Fee amendments on our website.
10.2 Service dependent on Fees being paid Our Domain Name registration services will only be rendered to you after you make due payment of all Fees. If you pay be cheque, Fees shall be deemed paid on clearance of the cheque. You must pay all Fees at the time you apply to us for the service to which the Fee relates, or as we otherwise notify you in writing. 10.3 Fees non-refundable All Fees you pay to us are non-refundable.
10.4 Fee Schedule Contract Period Per Domain Name Bundle (HK$) ( .hk/ .??) Per Domain Name Bundle (HK$) ( .idv.hk/ .??.??) Per Domain Name Bundle (HK$) ( .com.hk/ .??.??, .org.hk/ .??.??, .net.hk/ .??.??, .gov.hk/ .??.??, .edu.hk/ .??.??)
Registration / Renewal Fee: - for 1-year contract - for 2-year contract - for 3-year contract - for 5-year contract
$250 $500 $625 $1,000
$150 $280 $380 $550
$200 $400 $500 $800 Type of Application Per Application (HK$) Per Application (HK$) Per Application (HK$)
Registration of New Domain Name / Renewal of Existing Domain Name
Based on the Contract Period selected
Based on the Contract Period selected
Based on the Contract Period selected
Transfer of Domain Name
$500 + Annual Fee
$500 + Annual Fee
$500 + Annual Fee
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Modification of Name Server
No charge
No charge
$200 (For domain names registered under the old agreement (HKNIC Registration Agreement Version 1.x or 2.xx))
Late Charge
$200 (during blackout period)
$100 (during blackout period)
$200 (during blackout period)
Bundling of Domain Names
No charge
No charge
No charge
Unbundling of Domain Names
Based on the Contract Period selected for the unbundled domain name
Based on the Contract Period selected for the unbundled domain name
Based on the Contract Period selected for the unbundled domain name
Other Special Services
on request
on request
on request
We reserve the right in our sole discretion to charge different Fees for any Domain Names that HKIRC releases from the reserve List, or decides to auction, in accordance with the Registration Policies.
10.5 Fees payable by you if your Domain Name registration is governed by HKNIC Registration Agreement Version 1.x or 2.xx If your Domain Name registration is governed by HKNIC Registration Agreement Version 1.x or 2.xx and you opt to continue with your existing HKNIC contract, you will be required to pay the then current administration Fee for Domain Name modification if you modify your Domain Name registration details, which is the only existing service to which you are entitled. 10.6 Method of Payment You can pay the Fees by credit card or by any other means as prescribed by us from time to time. You may only pay by cheque if the cheque is drawn in Hong Kong dollars on a Hong Kong bank account. 10.7 Payment of Fees by an agent If you use an Agent for payment of Fees, we shall first seek payment from the Agent. If the Agent fails to pay the Fees for whatever reason, we shall have the right to recover the Fees from you.
11. RENEWAL OF DOMAIN NAME
11.1 Renewal of Domain Names Registration At the end of each Contract Period, you must renew your Domain Name registration in accordance with the version of the Registration Agreement and the Registration Policies current at the date of renewal. 11.2 Election of Contract Period at Renewal When you renew your Domain Name registration you must elect a further Contract Period for your Domain Name registration. 11.3 Renewal fees Renewal is subject to a fee, in accordance with the version of the Registration Agreement and
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Registration Policies current at the date of renewal, which is due on the first day after the end of the Contract Period. We will send an email reminder to the Billing Contact (or the Administrative Contact if the Billing Contact does not exist) stating when payment of the renewal fee is due. 11.4 Failure to pay renewal fee If you fail to pay the renewal fee by the due date we will cancel your Domain Name registration and the Domain Name will enter a black-out period. During the black-out period you may apply to reinstate your Domain Name provided you pay us the renewal fee, the late charge, and any other outstanding fees. If you do not apply to reinstate your Domain Name registration during the black-out period the Domain Name will become available to the general public for registration.
11.5 Registrations on or before 31 May 2001 with HKNIC If you registered a Domain Name with HKNIC on or before 31 May 2001 you must re-register with us and agree to this Agreement in order to maintain your Domain Name registration. Your failure or refusal to re-register may render your Domain Name registration void. 11.6 Registrations prior to 1 June 2001 under HKNIC Registration Agreement Version 3.0 If you registered a Domain Name under HKNIC Registration Agreement Version 3.0, your Domain Name registration will automatically be subject to and you must abide by this Agreement. If you refuse to comply with this Agreement, you may choose either to cancel your Domain Name registration, or your Domain Name registration will be cancelled by us. 11.7 Registrations under HKNIC Registration Agreement Version 1.x or 2.xx If you registered a Domain Name under HKNIC Registration Agreement Version 1.x or 2.xx, you may inform us if you opt to instead be subject to this Agreement. If you do not so inform us, you shall be bound by the terms and conditions of the HKNIC Registration Agreement which you entered into and you shall not be entitled to any new services offered under this Agreement. For the avoidance of doubt, in the event that you apply for additional Domain Names under this Agreement, your existing as well as new registrations shall automatically be subject to this Agreement. 12. TRANSFER OF REGISTRATION OF DOMAIN NAMES 12.1 Procedure for transferring a domain name You (in this clause referred to as "Transferor") may transfer the registration of your Domain Name to another party (the "Transferee") in accordance with the provisions set forth in clause 20 of the Registration Policies, provided: (a) the Transferor and the Transferee mutually consent to the transfer and jointly execute a Transfer Form; (b) the Transferee: (i) complies with the eligibility requirements set out in Registration Policies for the Domain Name that is being transferred; (ii) agrees to be bound by the terms and conditions of this Agreement; and (iii) pays the prescribed Fees as set out in clause 10.4; and (c) the Transferor or the Transferee pays any Fees that are owing and due to us before the application for the transfer; and (d) the Domain Name registration is not being challenged by a third party or pending dispute resolution in accordance with the Dispute Resolution Procedure. Once the transfer is completed, the Transferor's rights and obligations associated with the Domain
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Name registration shall be transferred to the Transferee. 12.2 Transfer on liquidation or winding-up of a company If you are put into liquidation or wound-up, your Domain Name registration may only be transferred by a properly appointed liquidator or receiver on provision of documentary proof satisfactory to us of their appointment. If your Domain Name registration is not transferred during the liquidation or the winding-up period, we will cancel your Domain Name registration on notification of the completion of the liquidation or winding-up. 12.3 Transfer on dissolution or striking off of a company If you are a company and are dissolved or struck off the Register of Companies in the HKSAR or country where the company is registered, we will cancel your Domain Name registration on notification of the dissolution or striking off. 12.4 Transfer on the death of an individual If you are an individual, on your death your Domain Name registration may only be transferred by a properly appointed executor of your estate on provision of documentary proof satisfactory to us of their appointment. If your Domain Name registration is not transferred during the probate period, we will cancel your Domain Name registration on notification of the completion of the probate.
12.5 Transfer of a Domain Name already on the Reserved List
We shall have the right to disallow the transfer of any Domain Name if the Domain Name is, at the time of the proposed transfer, already reserved by HKIRC in accordance with clause 7 of the Registration Policies.
12.6 No other means of transfer You may only assign your rights and obligations by following the transfer procedure in this clause 12. Any other attempt by you to assign any of your rights under this Agreement or any attempt by your creditors to obtain an interest in your rights under this Agreement shall not be recognised by us and may render the Domain Name registration void at our sole discretion. 13. CANCELLATION OF DOMAIN NAMES
13.1 Cancellation at your request You may only cancel your Domain Name registration by submitting an online cancellation form to us, except if you are using an Agent. We will accept an online cancellation form requesting cancellation of your Domain Name registration when the correct Account password for the Account containing that Domain Name is submitted with the online cancellation form. We will send an e-mail notification to the administrative contact and the technical contact on receipt of the online cancellation form. We will activate the cancellation of your Domain Name if we do not receive an objection within seven (7) calendar days from the date we notify the administrative contact and the technical contact. 13.2 Unauthorized Cancellations
13.2.1 Objections to unauthorized cancellations
If during the notification period in clause 13.1 you claim that any cancellation request relating to the Domain Name was submitted without its authorization and you object to the cancellation, you must submit with your objection documentary proof satisfactory to us that you are the authorized Domain Name holder before we will disallow the cancellation.
13.2.2 Approval of unauthorized modifications or cancellations
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If during the notification period in clause 13.1, you claim that any cancellation request relating to its Domain Name was submitted without your authorization but you decide to approve the cancellation, before we will allow the cancellation. You must:
(a) submit with your claim documentary proof satisfactory to us that you are the authorized Domain Name holder; and
(b) resubmit a cancellation request to us.
13.3 Cancellation by us We shall be entitled to cancel a Domain Name registration and to delete the Domain Name registration from our database: (a) on receiving a written request from you or your Agent in the prescribed form requesting cancellation of the Domain Name registration; or
(b) if you do not pay us the requisite Fees or provide us with the requisite documentary proof for your Domain Name registration by the due dates; or (c) pursuant to clause 18.2 when an Arbitration Panel has rendered a decision that the Domain Name registration be cancelled; or (d) if you use or allow the Domain Name to be used, or you acquiesce to the Domain Name being used, in any manner or for any purpose which is illegal or which otherwise violates any law, Ordinance, rule, regulation, order or other legal instrument in force in HKSAR, or if we have reasonable grounds to believe that you have done or are doing so; or (e) if we believe, on reasonable grounds, that allowing the registration of the Domain Name to continue exposes us to a real threat or risk (in the sense of not being trivial) that legal action will be taken against us, whether in HKSAR or in any other jurisdiction; or (f) if we believe, on reasonable grounds, that allowing the registration of the Domain Name to continue is likely to damage or adversely affect our reputation and/or goodwill in HKSAR or elsewhere; or (g) if we believe, on reasonable grounds, that allowing the registration of the Domain Name to continue is likely to put us in conflict with any statutory obligations or the terms of a HKSAR court order; (h) if:
i. you breach any of the terms of this Agreement ; or
ii. your Domain Name registration 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 you refuse to submit to the arbitration proceedings in accordance with the Dispute Resolution Policy; or
iii. in our determination, registration and use of your Domain Name contravenes any of the terms and conditions of this Agreement; or
iv. in our determination, fraud was committed in the registration process for the Domain Name, any information provided by you to us is false or misleading, or any information which we consider material to our decision to register the Domain Name or to continue to provide you with Domain Name registration services has been concealed or omitted; or
v. the name servers listed in your application are not fully set up, operational or connected to the Internet within thirty (30) calendar days of the Activation Date or the name servers persistently do not respond to any queries in relation to the Domain Name; or
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(i) if we decide in our sole discretion that it is undesirable or unsuitable to maintain the registration of the Domain Name; or (j) if you are an individual, on the completion of the probate period for your estate; or (k) if you are a company or organization, on your dissolution or striking off from the Register of Companies in the HKSAR, or on the completion of your liquidation or winding-up period. 13.4 Notice of cancellation of a Domain Name If any of the events stated in Clause 13.3(h) occur, we shall send you a written notice, describing the reason for the proposed cancellation of the Domain Name registration. You have seven (7) calendar days from the date we send you the notice to provide evidence satisfactory to us that the reason for cancellation no longer exists or is not justified. If the reason for cancellation is due to your alleged breach of this Agreement, you must provide evidence satisfactory to us to show that you have not breached this Agreement, or that such breach has been remedied. 13.5 Effective date of cancellation of a Domain Name The cancellation of the Domain Name registration shall take effect: (a) for cancellation under clause 13.3(a), seven (7) calendar days after we have received a written request from you or your Agent in the prescribed form for the cancellation of the Domain Name registration;
(b) for cancellation under clause 13.3(b), the day after the due date for the fee unless the Fee payable is a renewal fee in which case in accordance with clause 19.4 of the Registration Policies; (c) for cancellation under clause 13.3(c), on the day after the end of the fourteen (14) calendar days after we receive notice of such decision; (d) for cancellation under clause 13.3(d), with immediate effect on giving you notice; (e) for cancellation under clause 13.3(e), with immediate effect on giving you notice; (f) for cancellation under clause 13.3(f), with immediate effect on giving you notice; (g) for cancellation under clause 13.3(g), with immediate effect on giving you notice; (h) for cancellation under clause 13.3(h), on the day after the end of the seven (7) calendar day period described in clause 13.4 unless you have provided us with evidence satisfactory to us that the reason for cancellation no longer exists or is not justified; (i) for cancellation under clause 13.3(i), on the day after the end of the fourteen (14) calendar days after we notify you of our exercise of our discretion under clause 13.3(i); (j) for cancellation under Clause 13.3(j), on the day we have notice of the completion of the probate period; or (k) for cancellation under clause 13.3(k), on the day we have notice of the dissolution or striking off from the Register of Companies of the HKSAR or the completion of the liquidation or winding-up. 13.6 Re-use of Domain Names Save for the situation stipulated in clause 7 of the Registration Policies, once a Domain Name registration has been cancelled pursuant to this clause 13, the Domain Name shall be available for registration again after a black-out period determined by us. The maximum period for a black-out period
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shall be ninety (90) calendar days.
14. Name Servers
14.1 Provision of name servers details
To activate your Domain Name registration you must list at least two independent name servers in your application form. These name servers have to be operational, connected to the Internet, and able to receive queries in relation to the Domain Name and respond to any such queries accordingly. The contact persons provided by you in your application form shall be responsible for and familiar with the Domain Name service and its operation.
14.2 Cancellation of Domain Name registration if name servers not operational
Pursuant to clause 13.3(h)(v) of this Agreement, we may cancel a Domain Name registration if the name servers listed in your application are not fully set up, operational or connected to the Internet within thirty (30) calendar days after the Activation Date or if the name servers persistently do not respond to the queries in relation to the Domain Name.
14.3 Provision of temporary name server records
If you do not provide any valid name server details when you apply to register a Domain Name we shall provide temporary name server records from the Activation Date until the records of the Domain Name are modified in accordance with clause 14.4 or the Domain Name registration is cancelled or transferred. We will only provide temporary name server records.
14.4 Modifying temporary name server details
You can modify the name server details temporarily provided by us for your newly registered domain name in accordance with clause 16.3.
15. Passwords 15.1 Account Password
You shall choose and assign a password for your registration account with us ("Account Password"). We shall use the password as the identification key for future modification of your Domain Name registration information held by us. It is your sole responsibility to safeguard such passwords from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your password.
15.2 Authorisation Code
In addition to the Account Password, you will be assigned an authorisation password (also called the "authorisation code") in respect of each Domain Name registration which must be provided by you to a new Registrar in moving any Domain Name registration and requesting a new Registrar to manage the Domain Name. Provision of the authorisation password is also proof that you agree to allow the change of Registrar for the Domain Name registration.
16. Modification Of Domain Name Details
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You shall ensure that all information in the registration record for a Domain Name is up-to-date, complete and accurate.
16.1 Online modification form
You may only modify a Domain Name registration by submitting an online modification form to us, except if you are using an Agent.
16.2 Modification of contact information
We will accept and activate an online modification form requesting modification of contact information of a Domain Name when the correct password for that Domain Name is submitted with the online modification form. We will send an e-mail notification to both the new and old administrative contacts and technical contacts after the change of contact information is activated.
16.3 Modification of name servers
We will accept an online modification form requesting modification of the name servers of a Domain Name when the correct Account password for the Account containing that Domain Name is submitted with the online modification form. We will send an e-mail notification to the administrative contact and the technical contact on receipt of the online modification form.
17. TERMINATION OF THIS AGREEMENT 17.1 Termination Date This Agreement shall terminate on the date on which the cancellation of registration of your Domain Name becomes effective (the "Termination Date") under clause 13.5. 17.2 Survival of clauses On the Termination Date, the provisions of this Agreement shall terminate except for clauses 1, 7.3, 7.4, 7.5, 8, 10, 17, 18, 19, 20and 23 which shall survive the termination of this Agreement. 17.3 No recourse on termination You shall have no claims or recourse whatsoever against us on termination of this Agreement. For the avoidance of doubt, there shall be no refund to you, whether in whole or in part, of any Fees which have been paid to us prior to the termination of this Agreement. 18. DISPUTE RESOLUTION 18.1 Application of Dispute Resolution Policy If your Domain Name registration is challenged by a third party, the dispute will be handled according to the provisions of the Dispute Resolution Policy. 18.2 Decision of arbitration panel final Any decision made by an arbitration panel duly appointed by a dispute resolution service provider shall be final and binding on you and you shall abide by such decision. If the decision provides that the Domain Name registration shall be cancelled, we shall wait for fourteen (14) calendar days after receiving the decision before cancelling the Domain Name.
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18.3 Relinquishing registration of a Domain Name Where you wish to relinquish your Domain Name registration in dispute so as to avoid litigation and to register a new Domain Name, we may assist you with such application subject to the provisions below and allow you to maintain both Domain Names simultaneously for up to thirty (30) calendar days to facilitate an orderly transition to the new Domain Name. We will provide such assistance to you only if you: (a) submit an application form requesting the registration of a new Domain Name together with the prescribed Fees; (b) submit a written request for assistance, including identifying your desired new Domain Name; and (c) provide us with a copy of the settlement agreement between you and the third party challenging your registration of the Domain Name, which should state specifically that the third party agrees to the co-existence of the Domain Name in dispute and your proposed new Domain Name for a thirty (30) day period. 19. INDEMNITY 19.1 You indemnify us You hereby agree to defend us, indemnify us and hold us harmless as the Domain Name registrar, including our 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 us which are directly or indirectly related to any claim, action, or demand arising out of or related to the registration or use of your Domain Name brought by you or any third party. 19.2 Indemnified Parties to notify you of claims Each Indemnified Party shall send a written notice to you of any such claim, action, or demand against that Indemnified Party within a reasonable time. The failure of any Indemnified Party to give you the appropriate notice shall not affect the rights of the Indemnified Party or other Indemnified Parties. 20. LIMITATION OF LIABILITY 20.1 Limitation of our liability We disclaim any and all loss or liability including, but not limited to, loss or liability: (a) resulting from access delays or access interruptions, or the unavailability of our website or Domain Name related services; (b) resulting from system or processing errors or delays; (c) resulting from data non-delivery or data mis-delivery; (d) resulting from acts of God; (e) resulting from the unauthorized use or misuse of your Domain Name, password or other security authentication option; (f) resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
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(g) that you may incur in connection with the processing of the application for our services, our processing of the authorized modification of your Domain Name record or your Agent's failure to pay any Fees, including the initial registration fee or renewal fee; or (h) as a result of the application of the Dispute Resolution Policy; or (i) as a result of the exercise of our or HKIRC’s powers under clause 15 of the Registration Policies. 20.2 No immunity Registration of your chosen Domain Name does not confer immunity on you from objection to either the registration or use of the Domain Name. 20.3 Disclaimer of warranties We expressly disclaim 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. We do not warrant: (a) that our service will meet your requirements; (b) that our services will be uninterrupted, timely, secure, or error free; (c) as to the results that may be obtained from the use of our services. 20.4 Use of material from our website Any material, including any third party plug-in software that is downloaded or otherwise obtained from our website, including any third party website via any link provided on our website, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or obtaining of such material. 20.5 Hypertext links on our website Certain hypertext links on our website will lead to websites which are not under our control. We make no warranties, representations or undertakings about any content of any other website referred to or accessed by hypertext link through our website ("Third Party Site"). We do not endorse or approve the content of any Third Party Site. We will not take any responsibility or liability for or in connection with any Third Party Site. 20.6 No right to recover from us You shall not seek to recover and shall not be entitled to recover from us or to be indemnified by us against any direct, indirect or consequential loss or damage or any claim, proceedings, cost, demand, liability or expense howsoever sustained, incurred or paid by you to any party in respect of any of the matters specified in this Agreement. 20.7 No liability for indirect losses We will not be liable for the cancellation and/or loss of use (for whatever reason and whether temporary or otherwise) of your 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 we has been advised of the possibility of such damages. 20.8 Our maximum liability
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In no event shall our maximum liability under this Agreement exceed 125% of the registration Fees paid by you in respect of a particular period of registration of a Domain Name. 21. AMENDMENTS TO THIS AGREEMENT We reserve the right to amend this Agreement (including the Registration Policies and Dispute Resolution Procedures) at any time. Each time we amend the Agreement we will publish the amended version of the Agreement in advance (where practicable, fourteen (14) calendar days in advance) on our web site: http://www.hkdnr.hk. Each amended version of the Agreement will become binding and effective on you and us on the effective date specified at the top of the amended version, and will replace all previous versions of the Agreement. You should review our web site regularly in order to be aware of all such amendments. 22. ASSIGNMENT 22.1 You may not assign You are not entitled to assign any rights or obligations under this Agreement except by transferring your Domain Name in accordance with clause 12 of this Agreement. 22.2 We may assign We are entitled to assign our rights and obligations under this Agreement. If we do assign any rights or obligations under this Agreement, for whatever reason, you shall: (a) prior to the date of assignment, pay us in full all money you owe to us; and (b) have no claims or recourse whatsoever against us. For the avoidance of doubt, there shall be no refund, whether in whole or in part, of any Fees which have been paid to us prior to the assignment of this Agreement. 23. GENERAL TERMS 23.1 Notices All notices or reports permitted or required under this Agreement shall, as far as possible, be by electronic mail (email), and the e-mail addresses we will use for such email communications shall be the email addresses recorded in the WHOIS information for the relevant Domain Name registration (as may be modified from time to time), and shall in any case be in writing. Notices shall be deemed given on: (a) personal delivery; or (b) two (2) Business Days from the date of postage if by post or courier service; or (c) the date of confirmation of transmission if by facsimile transmission; or (d) the date that the communication was transmitted (provided that the date of transmission is verifiable) if by electronic mail.
23.2 No liability for failure of Internet communications
As Internet communications may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission, we exclude any liability for failures, malfunctions in communications, and other facilities not under our control that may affect the accuracy or timeliness of messages and transactions sent or received by you or us.
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23.3 No agency or partnership Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. 23.4 No waiver The failure of either you or us to require performance by the other party of any provision of this Agreement shall not operate as a waiver of that provision or affect the right of you or us to require performance of that provision at any future date. The waiver by either you or us of a breach of any provision this Agreement shall not be taken or held to be a waiver of the provision itself. Notwithstanding anything in this Agreement, we may in our absolute discretion waive any rights that we may have under this Agreement or the operation of any term or condition which is to our benefit. 23.5 Severance If any provision of this Agreement is held to be unenforceable or invalid under any applicable law or by any decision of a HKSAR court, such provision shall be severed from the remaining provisions which shall continue to be valid to the fullest extent permitted by law. You consent to us amending or replacing the unenforceable or invalid provision with one that is valid and enforceable and which achieves, to the fullest extent possible, our original objectives and intent as reflected in the original provision. 23.6 Entire Agreement This Agreement constitutes the complete and exclusive agreement of you and us regarding the registration and use of Domain Names. This Agreement supersedes and governs all prior proposals, agreements or other communications between you and us. 23.7 English version of Agreement will prevail In the event of any discrepancy between the English and Chinese versions of this Agreement, the English version shall prevail. 23.8 Governing law and jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the HKSAR. The parties hereby submit to the exclusive jurisdiction of the courts of the HKSAR.

Hong Kong Domain Name Registration Company Limited
Domain Name Dispute Resolution Policy
[Effective 26 January 2004]

1. Purpose

This Domain Name Dispute Resolution Policy (the "Dispute Resolution Policy") has been adopted by the Hong Kong Domain Name Registration Company Limited ("HKDNR") and is incorporated by reference into your Domain Name Registration Agreement between HKDNR and you ("Registration Agreement"). This Dispute Resolution Policy sets forth the terms and conditions in connection with a dispute between you and any party other than the HKDNR in regard to the registration and use of a .hk Internet Domain Name (other than a .idv.hk Domain Name) registered with us by you ("Domain Name"). Disputes in relation to .idv.hk domain names are governed by the HKDNR Dispute Resolution Policy Individual Domain Names.

Proceedings under Paragraph 4 of this Dispute Resolution Policy will be conducted according to the HKDNR Domain Name Dispute Resolution Policy Rules of Procedure (the "Rules of Procedure"), see Appendix A and the selected Arbitration Dispute Resolution Service Provider's Supplemental Rules ("the Supplemental Rules").


2. Your Representations

By applying to register a Domain Name, or by asking us to maintain or renew a Domain Name registration, you represent and warrant to us that:

(a) the statements that you made in your Registration Agreement are complete and accurate;

(b) to the best of your knowledge and belief, the Domain Name you are applying for will not infringe or otherwise violate the legal rights of any third party;

(c) you intend to use the Domain Name;

(d) your use of the Domain Name shall be bona fide for your own benefit and shall be for lawful purposes;

(e) you will not knowingly use the Domain Name in violation of any applicable laws and regulations;

(f) all information you or your Agent provides to us, including further additions or alterations to such information, is true and accurate; and

(g) in the event that you receive notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, you will immediately send us a written notice notifying us of such claim, action or demand.

It is your responsibility to determine whether your Domain Name registration infringes or violates someone else's rights.

3. Cancellations, Transfers and Changes

We will cancel, transfer or otherwise make changes to Domain Names in accordance with clauses 11 and 12.1 of the Registration Agreement.

4. Mandatory Arbitration Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory arbitration proceeding. These proceedings will be conducted before one of the Dispute Resolution Service Providers approved by us (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory arbitration proceeding in the event that a third party (a "Complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure and the Supplemental Rules of such Provider, that:
(i) your Domain Name is identical or confusingly similar to a trademark or service mark in Hong Kong in which the Complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the Domain Name; and

(iii) your Domain Name has been registered and is being used in bad faith.

To succeed in the arbitration proceeding, the Complainant must prove that all of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by an Arbitration Panel to be present, shall be evidence of the registration and use of a Domain Name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the Domain Name; or

(ii) you have registered the Domain Name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding Domain Name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the Domain Name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the Domain Name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a Complaint as defined in Paragraph 3 of the Rules of Procedure, you should refer to Paragraph 5 of the Rules of Procedure in determining how your Response should be prepared.

Any of the following circumstances, in particular but without limitation, if found by an Arbitration Panel to be proven based on its evaluation of all evidence presented to it, shall demonstrate your rights or legitimate interests to the Domain Name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in connection with a bona fide offering of goods or services in Hong Kong; or

(ii) you (as an individual, business, or other organisation) have been commonly known by the Domain Name, even if you have acquired no trade mark or service mark rights in Hong Kong; or

(iii) you are making a legitimate non-commercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue.

d. Selection of Provider. The Complainant shall select the Provider from among those approved by the HKDNR by submitting the Complaint to that Provider. The selected Provider will administer the arbitration proceedings.

e. Initiation of arbitration proceeding and process and appointment of Arbitration Panel. The Rules of Procedure and the Provider's Supplementary Rules set out the process for initiating and conducting an arbitration proceeding and for appointing the Arbitration Panel, which will decide the dispute.

f. Fees. All fees charged by a Provider in connection with any dispute before an Arbitration Panel pursuant to this Dispute Resolution Policy shall be paid by the Complainant, except in cases where you elect to expand the Arbitration Panel from one to three Panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure and in the Provider's Supplemental Rules, in which case all fees will be split evenly by you and the Complainant.

Attention is also drawn to Paragraph 18(d) of the Rules of Procedure which provides for the possible charge for extra fees in the exceptional circumstances, for example if an in-person hearing is held.

g. Our Involvement in Arbitration Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Arbitration Panel. In addition, we will not be liable as a result of any decisions rendered by an Arbitration Panel.

h. Remedies. The remedies available to a Complainant pursuant to any proceeding before an Arbitration Panel shall be limited to requiring the cancellation of your Domain Name or the transfer of your Domain Name registration to the Complainant.

i. Notification and Publication. The Provider shall notify us of any decision made by an Arbitration Panel with respect to a Domain Name you have registered with us. All decisions under this Dispute Resolution Policy, the Rules of Procedure and the Provider's Supplemental Rules will be final and binding and including without limitation publication in full on the Internet or other forms of publication, except when an Arbitration Panel determines in an exceptional case, to redact portions of its decision.

By applying to register a Domain Name and by asking us to register, maintain or renew a Domain Name registration, you agree that a decision by an Arbitration Panel in which you are a Respondent may be made public and may be posted on the website of the HKDNR and or the Provider which appointed the Arbitration Panel in question.

j. Results of an Arbitration Panel's Decision. If an Arbitration Panel decides that your Domain Name registration should be cancelled or transferred, we will wait ten (10) business days after we are informed by the applicable Provider of the Arbitration Panel's decision before implementing that decision.

5. Our Involvement in Disputes

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your Domain Name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.

6. Maintaining the Status Quo

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any Domain Name registration under this Dispute Resolution Policy except as provided in Paragraphs 3 and 4 above.

7. Transfers During a Dispute to a new holder

You may not transfer your Domain Name registration to another holder (i) during a pending arbitration proceeding brought pursuant to Paragraph 4 or for a period of ten (10) business days after such proceeding is concluded; or (ii) during a pending arbitration proceeding commenced regarding your Domain Name unless the party to whom the Domain Name registration is being transferred agrees, in writing, to be bound by the decision of the Arbitration Panel. We reserve the right to cancel any transfer of a Domain Name registration to another holder that is made in violation of this subparagraph.

8. Policy Modifications

We reserve the right to amend this Dispute Resolution Policy at any time. Each time we amend the Dispute Resolution Policy we will publish the amended version of the Dispute Resolution Policy in advance (where practicable, 14 calendar days in advance) on our web site: http://www.hkdnr.hk. Each amended version of the Dispute Resolution Policy will become binding and effective on you and us on the effective date specified at the top of the amended version, and will replace all previous versions of the Dispute Resolution Policy. You should review our web site regularly in order to be aware of all such amendments.

If this Dispute Resolution Policy has been invoked in the submission of a Complaint to a Provider, the version of the Dispute Resolution Policy in effect at the time it was invoked will apply to that submission until the arbitration proceeding is over.

In the event that you object to a change in this Dispute Resolution Policy, your sole remedy is to cancel your Domain Name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The Dispute Resolution Policy, as modified, will apply to you until you cancel your Domain Name registration.

9. Miscellaneous

In this Dispute Resolution Policy:

(a) Words importing the singular number only shall include the plural and the converse shall also apply.

(b) Words importing the masculine gender shall include the feminine gender and the converse shall also apply.