REGISTRATION AGREEMENT - MANDATORY PROVISIONS
發佈時間:2012-01-06
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REGISTRATION AGREEMENT - MANDATORY PROVISIONS
Important Note: This document sets out the minimum terms and conditions to be contained in a
Registration Agreement between the Registrar and a Registrant. It does not purport to be, and is
not, a comprehensive Registration Agreement.
The Registration Agreement must contain the following minimum terms and conditions:
1 DOMAIN NAME SERVICES
1.1 The Registrant shall at all times comply with all prevailing requirements prescribed by HKIRC
in connection with any of the .hk or.香港 domain name (the “Domain Name”), and shall only
request the Registrar Services in the form and manner prescribed by HKIRC from time to
time.
1.2 In registering a Domain Name, the Registrant acknowledges and agrees that neither HKIRC
nor [TODAYNIC.COM INTERNATIONAL LIMITED] (the “Registrar”) has made any determination with respect to
the legality of the Domain Name registration or its use.
1.3 The Registrant acknowledges and agrees that the Registrar shall monitor the status of
Domain Names registered through the Registrar and shall, at its own initiative or on receipt of
complaint, conduct checks to verify whether a Domain Name is being used in connection
with phishing or "spam" advertising. The Registrar shall delete or suspend a Domain Name
if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any
government or law enforcement authority (including without limitation the Hong Kong Police
Force or the Office of Telecommunications Authority) that the use of the Domain Name is in
breach of any laws, directives, guidelines, codes of practice or regulations issued by such
local authorities, or if, in HKIRC's reasonable belief, the continuation of registration of the
Domain Name or the operation of web site referenced by the Domain Name is likely to
damage or adversely affect the goodwill, reputation and operation of HKIRC or the domain
name industry in Hong Kong, or may expose HKIRC to risks of third party claims or civil or
criminal prosecution.
2 PUBLICATION OF REGISTRANT PERSONAL DATA
2.1 The Registrant acknowledges and agrees that HKIRC is entitled to publicly disclose to third
parties all personal data and information relating to the registered Domain Name in order to
enable HKIRC to maintain a public WHOIS service, provided that such disclosure is
consistent with:
(a) the Personal Data (Privacy) Ordinance; and
(b) the Published Policies of HKIRC; and
(c) this Registration Agreement.
2.2 The Registrant grants to the Registrar the right to disclose to the HKIRC all information which
is reasonably required by HKIRC in order to enter the Domain Name into the Registry.
3 CHANGE OF REGISTRARS
3.1 The Registrar shall not prevent a Registrant from changing the registrar of record, except in
accordance with the Registration Policies. 34
3.2 The Registrar shall ensure that the Registrant can easily transfer registered Domain Names
to another registrar in accordance with the Published Policies of HKIRC.
3.3 In the event that:
3.3.1 the Registrar is no longer a registrar; or
3.3.2 the Registrar’s HKIRC Accreditation is suspended or terminated; or
3.3.3 the Registrar Agreement is terminated by HKIRC,
the Registrar shall immediately give notice to its Registrants, and advise the Registrants
that they should transfer the registered Domain Name to a new registrar.
3.4 In the event that the Registrar Agreement between HKIRC and the Registrar is terminated
due to default or breach of the Registrar, the Registrar must not charge the Registrant any
fee for the transfer of the registered Domain Name to another registrar. The Registrar shall
take all necessary actions to preserve the rights of its Registrants.
3.5 If the Registrant of a Domain Name registered under Hong Kong Network Information
Centre (“HKNIC”) Registration Agreement Version 1.x or 2.xx elects to change the
Registrar from Hong Kong Domain Name Registration Company Limited (“HKDNR”) to
another Registrar (“New Registrar”), the Registrant shall acknowledge and accept that the
Domain Name registration will be subject to the terms and conditions of the then current
registration agreement of the New Registrar. For the avoidance of doubt, if the Domain
Name registration is under one of the above-mentioned agreements, the Contract Version
field of the WHOIS result display for that Domain Name will display the word “Old”
3.6 The Registrant shall provide an authorization code ("Authorization Information") to a new
registrar in order to initiate the change of registrar. The Registrar can request that HKIRC
provide this Authorization Information by sending it to the Registrant’s email address. The
Registrar shall not, if requested to do so by a Registrant, refuse to make such a request of
HKIRC.
3.7 In the event that the Registrar is no longer an HKIRC-Accredited registrar, the Domain Name
held by a Registrant shall be transferred to another, HKIRC-Accredited registrar within a
specified period of time. If the Registrant fails to elect a registrar and effect the transfer,
HKIRC shall be entitled to transfer the Domain Name to registration with HKDNR, together
with any personal data held by the previous Registrar in relation to that Registrant.
4 REGISTRANT’S OTHER OBLIGATIONS
4.1 Throughout the Term of the Registration Agreement, the Registrant must:
4.1.1 comply with the Published Policies (including but not limited to the Registration
Policies, Procedures and Guidelines, Domain Name Dispute Resolution Policy and
Rules of Procedure and the Registration Agreement. The Published Policies can
be found on the web site of HKIRC, www.hkirc.hk;
4.1.2 give notice to HKIRC, through the Registrar, of any change to any information in
the Registrant Data as soon as possible.
4.2 The Registrant shall not, directly or indirectly, through registration or use of its Domain
Name or otherwise:
4.2.1 infringe or violate the legal rights of any third party; or
4.2.2 violate any applicable laws and regulations.
35
4.3 The Registrant acknowledges and agrees that HKIRC may collect registrant information for
the purpose of HKIRC membership.
5 DISPUTE RESOLUTION
5.1 For any Domain Name registered with the Registrant that is challenged by a third party, the
dispute will be handled according to the provisions of the Domain Name Dispute
Resolution Policy for .hk and .香港 Domain Names.
5.2 Any decision made by an arbitration panel duly appointed by a dispute resolution service
provider shall be final and binding on the Registrant and the Registrant shall abide by such
decision.
6 REGISTRANT WARRANTIES
6.1 The Registrant warrants that it meets, and continues to meet, the eligibility criteria
prescribed in HKIRC’s Published Policies and this Registration Agreement for registering a
Domain Name. In the event that the Registrant ceases to meet such eligibility criteria, the
Domain Name registration may be terminated by either the Registrar or HKIRC.
6.2 By making an application for a Domain Name, the Registrant represents and warrants that:
(a) to the best of its knowledge and belief, the Domain Name that the Registrant is
applying for will not infringe or otherwise violate the legal rights of any third party;
(b) the Registrant intends to use the Domain Name;
(c) the Registrant’s use of the Domain Name shall be bona fide for the Registrant’s
own benefit and shall be for lawful purposes;
(d) the Registrant will not knowingly use the Domain Name in violation of any
applicable laws and regulations;
(e) all information the Registrant provides to the Registrar, including further additions
or alterations to such information, is true, complete and accurate;
(f) in the event that the Registrant receives notification of any claim, action or demand
arising out of or related to the registration or use of the Domain Name, the
Registrant will immediately send the Registrar a written notice notifying the
Registrar of such claim, action or demand.
The Registrant acknowledges that the Registrar and HKIRC rely on all representations
made and warranties given by the Registrant in determining if the application for a Domain
Name should be approved.
7. HKIRC Contact Registrants 36
7.1 The Registrant acknowledges that HKIRC may contact the Registrant in a number of
situations including, but not limited to, inviting the Registrant to join HKIRC as a member;
where there has been, or will be, a change in registrar, whether voluntarily or involuntarily
on the part of the Registrant, due to termination of the Registrar; for the matters in relation
to the administration and service of Domain Names; inviting the Registrant to take part in a
customer satisfaction survey or other survey, and introducing seminars, conferences,
training, and other news related to the Internet industry. If the Registrant does not want to
receive unsolicited marketing or promotional emails, the Registrant can request that
HKIRC remove the Registrant from the marketing or promotional email subscription list.
8. LIABILITIES
8.1 The Registrant shall indemnify and hold harmless HKIRC as the Registry from all liabilities,
losses, damages, costs, legal expenses, professional and other expenses of any nature
howsoever sustained, incurred, paid by or suffered by HKIRC which are directly or
indirectly related to any claim, action, or demand arising out of or related to the registration
or use of the Domain Name brought by the Registrant.
8.2 Notwithstanding any other provision of this document and to the fullest extent permitted by
law, HKIRC will not be liable to the Registrant for consequential, indirect or special losses
or damages of any kind (including, without limitation, loss of profit, loss or corruption of data,
business interruption or indirect costs) suffered by the Registrant as a result of any act or
omission whatsoever of HKIRC and the Registrar, its employees, agents or
sub-contractors.
8.3 In no event shall HKIRC's maximum liability under these Registration Policies exceed
125% of the registration fees paid by the Registrar to HKIRC for the Registrant’s Domain
Name in respect of a particular period of registration.
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