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REGISTRATION AGREEMENT - MANDATORY PROVISIONS

  • 發佈時間:2012-01-06

  • 瀏覽次數:4701


  • 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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