Hong Kong Domain Name Registration Company Limited
Domain Name Registration Agreement for .hk Domain Names
Version 4.0
Effective 28 September 2006
All applicants for .hk domains must enter into this Agreement with the Hong Kong Domain Name Registration Company Limited. The Hong Kong Domain Name Registration Company Limited took over the role as the administrator of Domain Names under .hk country code top level domain from 1 June 2001. The Hong Kong Domain Name Registration Company Limited is the operations arm of The Hong Kong Internet Registration Corporation Limited and has assumed the role of both registry and registrar for the registration and assignment of Domain Names.
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.
" 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"; (ii) 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" 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 " 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, and includes Chinese Domain Names and English Domain Names, or either as the context may require.
" English Domain Name " means a .hk country code top level domain name which contains no Chinese Characters.
" 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.
" Rules " means " The Rules for .hk Domains and Sub-Domains " 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 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 or any other registrars appointed by us (a list of registrars appointed by us is set forth in http://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 Rules and Dispute Resolution Policy
The Rules and the Dispute Resolution Policy form part of this Agreement.
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 Rule 2.
3.2 Application by a Minor
If you are a Minor (as defined in the Rules), 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 15 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 Rules 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 will determine if the documentary proof you provide is adequate in relation to each application.
3.4 Failure to provide documentary proof
If you fail to provide the documentary proof required by the Rules 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 and accurate; and
(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.
4. ALLOCATION POLICY
We shall allocate Domain Names in accordance with Rules.
5. APPROVAL OF APPLICATION FOR A DOMAIN NAME
5.1 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").
5.2 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 Rules. 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.
6. EFFECTS OF REGISTRATION
6.1 Right to use Domain Name
Once we have approved your application for 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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.
7. USE OF AN AGENT
7.1 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.
7.2 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.
7.3 Responsibility for Agent
If you use an Agent for any applications for the registration, renewal, modification, transfer 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 actions of the Agent.
7.4 No refund of fees due to error by Agent.
We shall not refund any fees paid by you 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 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.
8. INFORMATION YOU PROVIDE TO US
8.1 Form of applications
All applications for the registration, renewal, modification, transfer or deletion of a Domain Name shall be made in the form and manner we prescribe from time to time, as set out in the Rules.
8.2 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.
9. RENEWAL OF DOMAIN NAME
You may renew your Domain Name in accordance with Rule 13 provided that:
(a) the renewal is subject to the version of this Agreement current at the date of renewal; and
(b) you have paid all applicable Fees; and
(c) you have not breached any of the provisions of this Agreement.
10. TRANSFER OF REGISTRATION OF DOMAIN NAMES
10.1 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 the Rules and subject to clauses 11.2, 11.3 and 11.4, provided:
(a) the Transferor and the Transferee mutually consent to the transfer and jointly execute a Transfer Form as set out in the Rules;
(b) the Transferee:
(i) complies with the eligibility requirements set out in Rules 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 the Rules; 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 Policy .
Once the transfer is completed, the Transferor's rights and obligations associated with the Domain Name registration shall be transferred to the Transferee.
10.2 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 is not transferred during the liquidation or the winding-up period, we will cancel your Domain Name on notification of the completion of the liquidation or winding-up.
10.3 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, we will cancel your Domain Name on notification of the dissolution or striking off.
10.4 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 is not transferred during the probate period, we will cancel your Domain Name on notification of the completion of the probate.
10.5 No other means of transfer
You may only assign your rights and obligations by following the transfer procedure in this clause 11. 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.
11. CANCELLATION OF DOMAIN NAMES
11.1 Cancellation of Domain Name registration
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 14.2 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;
(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;
(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;
(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:
- you breach any of the terms of this Agreement ; or
- 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
- in our determination, registration and use of the your Domain Name contravene any of the terms and conditions of this Agreement or
- 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
- 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
(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.
11.2 Notice of cancellation of a Domain Name
If any of the events stated in Clause 12.1(h) occur, we shall send you a written notice, describing the reason for the proposed cancellation of the Domain Name registration. You have thirty (30) 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 need to provide evidence satisfactory to us to show that you have not breached this Agreement, or that such breach has been remedied.
11.3 Effective date of cancellation of a Domain Name
The cancellation of the Domain Name registration shall take effect:
(a) for cancellation under clause 12.1(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 12.1(b), the day after the due date for the fee unless the fee payable is a renewal fee in which case in accordance with Rule 12.4;
(c) for cancellation under clause 12.1(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 12.1(d), with immediate effect on giving you notice;
(e) for cancellation under clause 12.1(e), with immediate effect on giving you notice;
(f) for cancellation under clause 12.1(f), with immediate effect on giving you notice;
(g) for cancellation under clause 12.1(g), with immediate effect on giving you notice;
(h) for cancellation under clause 12.1(h), on the day after the end of the thirty (30) calendar day period described in clause 12.2 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 12.1(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 12.1(e);
(j) for cancellation under Clause 12.1(j), on the day we have notice of the completion of the probate period;
(k) for cancellation under clause 12.1(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.
11.4 Re-use of Domain Names
Once a Domain Name registration has been cancelled pursuant to this clause 12, 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 shall be 90 calendar days.
12. TERMINATION OF THIS AGREEMENT
12.1 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 12.3.
12.2 Survival of clauses
On the Termination Date, the provisions of this Agreement shall terminate except for clauses 1, 6.3, 6.4, 6.5, 7, 9, 13, 14, 15, 16 and 19 which shall survive the termination of this Agreement.
12.3 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.
13. DISPUTE RESOLUTION
13.1 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.
13.2 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.
13.3 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.
14. INDEMNITY
14.1 You indemnify us
You hereby agree to defend us, indemnify us and hold us harmless as the Domain Name registry and a 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.
14.2 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.
15. LIMITATION OF LIABILITY
15.1 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;
(g) that you may incur in connection with the processing of the application for our services, our processing of the authorized modification 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 powers under Rule 16.5.
15.2 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.
15.3 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.
15.4 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.
15.5 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.
15.6 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.
15.7 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.
15.8 Our maximum liability
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.
16. AMENDMENTS TO THIS AGREEMENT
We reserve the right to amend this Agreement (including the Rules 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, 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.
16. ASSIGNMENT
16.1 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 11 of this Agreement.
16.2 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.
1. GENERAL TERMS
17.1 Notices
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. Notices shall be deemed given on:
(a) personal delivery; or
(b) the date of the return receipt 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.
17.2 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.
17.3 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.
17.4 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.
17.5 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.
17.6 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.
17.7 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.