Domain Name Registration Policies, Procedures and Guidelines
Domain Name Dispute Resolution Policies
Rules of Procedures


Domain Name Registration Policies, Procedures and Guidelines

Domain Name Registration Policies, Procedures and Guidelines for .hk and .香港 domain names

Version 1.0
Effective 22 Feb 2011

From 15 December 2010, The Hong Kong Internet Registration Corporation Limited (“HKIRC”) has established a system of accrediting registrars to take up certain registrar services including registration, renewal, transfer, modification, bundling, unbundling or cancellation of domain names under the .hk and .香港 country code top level domain. HKIRC may appoint different registrars to perform its registrar services. A list of accredited registrars for different types of domain names under the .hk and .香港 country code top level domain is available on the website of HKIRC.

These Registration Policies, Procedures and Guidelines form part of the Published Policies of HKIRC. The Registration Policies apply to all .hk and .香港 domain names and must be complied with by both registrars and registrants. These Registration Policies shall be read together with the separate registration agreements entered into between registrars and registrants and the other Published Policies of HKIRC, including (but not limited to) the Domain Name Dispute Resolution Policy and its Rules of Procedure (“DNDRP”).

1. DEFINITIONS

In these Registration Policies:

“Activation Date” for a Domain Name means the date on which a Domain Name registration is activated and recorded in HKIRC’s database.

“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 HKIRC’s register of Domain Names.

“Child” means a person under the age of eleven (11) years of age.

“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 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 “.香港”; (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 “.香港” extension; (v) begins and ends with a Chinese Character, a letter or a number; and (vi) does not contain hyphens in the third or fourth character positions.

“Contract Period” means the period of the registration agreement with the Registrar which the Registrant elects on the registration, renewal, unbundling or transfer of a Domain Name.

“Dispute Resolution Service Provider” has the meaning given in the DNDRP.

“DNDRP” means the HKIRC Domain Name Dispute Resolution Policy and includes the Rules of Procedure, as well as any subsequent versions, amendments and supplements.

“Domain Name” means a domain name under the .hk or .香港 country code top level domains (“ccTLDs”), and includes Chinese Domain Names and English Domain Names, or either as the context may require.

“Domain Name Services” means services provided in relation to Domain Names, including (but not limited to) application, renewal, transfer, modification, bundling, unbundling and deletion.

“English Domain Name” means a Domain Name under the .hk country code top level domain 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 .hk English Domain NamesDomain name categories for .hk Chinese Domain NamesDomain name categories for .香港 Chinese Domain Names
.com.hk.公司.hk.公司.香港
.org.hk.組織.hk.組織.香港
.net.hk.網絡.hk.網絡.香港
.edu.hk.教育.hk.教育.香港
.gov.hk.政府.hk.政府.香港
.idv.hk.個人.hk.個人.香港
.hk.hk.香港

“HKDNR” means the Hong Kong Domain Name Registration Company Limited.

“HKIRC” means the Hong Kong Internet Registration Corporation Limited.

“HKIRC Registrar Account” means a deposit account opened and maintained by the Registrar pursuant to the Registrar Agreement.

“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.

“Minor” means a person aged between eleven (11) and seventeen (17) years old.

“Published Policies” means those policies, guidelines, notices or procedures established and published by HKIRC from time to time for the administration of the .hk and .香港 ccTLDs, in accordance with its Memorandum and Articles of Association, and includes these Registration Policies.

“Registrar” means a person accredited by HKIRC as a registrar and with which a Registrant has applied for and/or registered a Domain Name.

“Registrant” means an applicant who has applied for a Domain Name through a Registrar or any Reseller appointed by a Registrar, or a current ho

lder of a Domain Name.

“Registration Policies” means these Registration Policies, Procedures and Guidelines, together with any subsequent versions, amendments and supplements.

“Registration Agreement” means the mandatory terms and conditions of HKIRC that shall be included in any registrant agreement entered into between a Registrant and a Registrar. The Registrant shall agree to be bound by the Registration Agreement in respect of any Domain Name registration.

“Reseller” means a registration service provider or other agent who is registered with and authorized by a Registrar.

“Reserve List” means the list of those Domain Names which are reserved by HKIRC and which are not available for registration, as may be varied by HKIRC from time to time without notice.

“Second Level Domain Name” means a Domain Name consisting of only two levels (for example, name.hk or名字. 香港).

“Third Level Domain Name” means a Domain Name consisting of three levels (for example, name.com.hk or 名字. 公司.香港) under the existing second level domains or any other second level domains that may be introduced from time to time.

2. REGISTRATION OF DOMAIN NAMES

2.1 Registration Policies

By applying for the registration of a Domain Name, the Registrant agrees to also comply with, abide by and perform any obligations or requirements set out in these Registration Policies. HKIRC may in its sole discretion decide at any time to make available or unavailable any different types of Domain Names.

2.2 Domain Name Dispute Resolution Policy

The HKIRC DNDRP forms part of these Registration Policies and the Registration Agreement.

2.3 Published Policies

The Registrant shall comply with all Published Policies of HKIRC in respect of registration of all Domain Names. HKIRC may amend or revise such Published Policies from time to time.

3. ELIGIBILITY REQUIREMENTS FOR DOMAIN NAMES

There are different eligibility requirements for each type of Domain Name. The eligibility requirements are set out below.

3.1 Branch Offices

A branch representative office incorporated under Part II of the Companies Ordinance must obtain and provide to the Registrar as a condition to any registration of a Domain Name held in its name, an undertaking from its parent company that the parent company will be responsible and liable for any claim or dispute made in respect of the Domain Name.

3.2 Children

Children are not eligible to register a Domain Name.

3.3 Application by a Minor

Minors may apply to register a Domain Name, but only if the application is jointly executed by his/her parent or guardian. By jointly executing an application submitted by a Minor, the parent or guardian:

3.3.1 guarantees the full and timely performance by the Minor of his/her obligations, duties and warranties owed to the Registrar and HKIRC pursuant to these Registration Policies; and

3.3.2 indemnifies HKIRC and the Registrar as primary obligor in accordance with clause 24 below for any loss or liability arising from Minor’s breach or non-performance of any obligations the Minor owes to HKIRC or the Registrar.

3.4 Second Level Domain Names

All interested individuals and entities are eligible to register a Second Level Domain Name. In determining whether to accept a Registrant’s application for the registration of a Second Level Domain Name, the Registrar may require the submission of any documentary evidence that the Registrar considers necessary to verify Registrant’s identity.

3.5. idv.hk / .個人.hk / .個人. 香港 Domain Names

All residents of HKSAR are eligible to register a .idv.hk English Domain Name and/or a .個人.hk and /or .個人.香港Chinese Domain Name. The Registrant must provide the Registrar with a copy of the Registrant’s HKID or other documentary proof that the Registrant is a resident of HKSAR when applying to register a .idv.hk, .個人.hk or .個人.香港 Domain Name. If a Registrant is a Minor, the Registrant’s parent or guardian must also provide the Registrar with a copy of his/her HKID or other documentary proof of their identity and Registrant must also provide a copy of Registrant’s Certificate of Birth / Guardian Certificate (as applicable).

Any Chinese Domain Name registered under .個人.hk and .個人.香港 must be based on and exactly reflect the legal name of the Registrant as appearing in his or her HKID (or other documentary proof provided), or, in the case of a minor, his or her Certificate of Birth / Guardian Certificate (as applicable).

3.6 .com.hk/.公司.hk / .公司. 香港 Domain Names

Commercial entities registered in HKSAR are eligible to register a .com.hk English Domain Name and/or .公司.hk and/or .公司.香港 Chinese Domain Name. The Registrant must provide a copy of their 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 as documentary proof when applying to register a .com.hk, .公司.hk or .公司.香港 Domain Name.

3.7 .org.hk/.組織.hk / .組織. 香港 Domain Names

Registered or approved not-for-profit organisations in HKSAR are eligible to register a .org.hk English Domain Name and/or .組織.hk and/or .組織.香港 Chinese Domain Name. The Registrant must provide documentary proof that they 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 HKSAR Police Force, or other approved “not-for-profit” entities in Hong Kong when applying to register a .org.hk, .組織.hk or . 組織. 香港 Domain Name.

3.8 .net.hk/ .網絡.hk / .網絡. 香港 Domain Names

Entities managing network infrastructure, machines and services with a licence from the Office of the Communications Authority of the Government of the HKSAR are eligible to apply for a .net.hk English Domain Name and/or 網絡.hk and/or .網絡.香港 Chinese Domain Name. The Registrant must provide a copy of the licence issued by the Office of the Communications Authority of the Government of the HKSAR, proving the applicant is an entity in Hong Kong managing network infrastructure, machines and services when applying to register a .net.hk, .網絡.hk or .網絡.香港 Domain Name.

3.9 .gov.hk/. 政府.hk / .政府. 香港 Domain Names

Bureaux and departments of the HKSAR Government are eligible to register a .gov.hk English Domain Name and/or .政府.hk and/or .政府. 香港 Chinese Domain Name. The Registrant must provide documentary proof that it is a bureaux or department of the HKSAR Government when applying to register a .gov.hk, .政 府.hk or .政府.香港 Domain Name.

3.10 .edu.hk/.教育.hk / .教育. 香港 Domain Names

Registered schools, tertiary institutions and other approved educational institutions in HKSAR are eligible to register a .edu.hk English Domain Name and/or .教育.hk and/or .教育.香港 Chinese Domain Name. The Registrant must provide a copy of the Certificate of Registration of a School from the Education Department of the HKSAR Government, or other documentary proof when applying to register a .edu.hk, .教育.hk or .教育.香港 Domain Name.
If a Registrant holds more than one .edu.hk, .教育.hk or .教育. 香港 Domain Name, then the administrative contact details in respect of each .edu.hk, .教育.hk or .教育. 香港 Domain Name shall be the same.

3.11 Documentary proof

The Registrant (or, if the Registrant is a Minor, his or her parent or guardian) may be required to provide documentary proof to establish that they meet the eligibility requirements for the type of Domain Name which is being applied for or which is already registered, and otherwise to verify the information contained in an application or registration. The Registrar will determine if the documentary proof provided is adequate in relation to each application or registration. The Registrar may refuse to process any application, or cancel the relevant registration, if the Registrar does not receive the requested documentary proof within a reasonable time as specified by HKIRC after making the request.

3.12 Registration of more than one Domain Name

Registrants may apply to register more than one Domain Name, provided such applications do not contravene any of the terms of these Registration Policies, any Published Policy or the Registration Agreement.

3.13 Election of contract period

At the time of making an application to register, transfer or unbundle a Domain Name with a Registrar, and at each renewal date, the Registrant must elect a Contract Period or accept the Contract Period allowed by the Registrar or by HKIRC. 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.

3.14 Representations and warranties

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; and

(g) that it meets, and continues to meet, the eligibility criteria prescribed by HKIRC.

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.

4. DOMAIN NAME STRUCTURE

4.1 Choosing a Domain Name

Any applied for English Domain Name must meet the Domain Name structure requirements, in the case of English Domain Names, as set out in clause 4.2 or clause 4.3, and in the case of Chinese Domain Names, as set out in clause 4.4. If the Domain Name does not meet the Domain Name structure requirements in clauses 4.2, 4.3 or 4.4, as the case may be, registration of the Domain Name may be refused.

4.2 Second Level English Domain Names

The total length of the two parts of a Second Level English 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 English Domain Name are letters (A to Z, case-insensitive), digits (0 to 9) and hyphens (-). The second level of the Second Level English 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 English Domain Names

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

4.4 Chinese Domain Names

A .hk Chinese Domain Name must contain at least one Chinese character. A .香港 Chinese Domain Name need not contain any Chinese characters (apart from the .香港 suffix) if the Registrant makes a specific request to HKIRC. The rest of the string may be composed of other character(s) like English letters (A-Z, a-z), Arabian numerals (0-9) or a hyphen (-). The total number of characters in the string of registration for a .hk Chinese Domain Name or a .香港 Chinese Domain Name shall not exceed 15. A hyphen shall not appear at the beginning and/or at the end of the string of registration nor as the third and the fourth characters.

5. ADDITIONAL RULES APPLICABLE TO CHINESE DOMAIN NAMES

5.1 Allocation of Chinese Domain Names under .hk top level domain

All applications for Chinese Domain Names received after the effective date of these Registration Policies will be allocated under the .香港 country code top level domain. No application for a Chinese Domain Name under the .hk country code top level domain will be entertained when the equivalent Chinese Domain Name is available under the .香港 country code top level domain.

5.2 Chinese Domain Names in Pair

Every holder of a Chinese Domain Name under the .hk country code top level domain registered before a date specified by HKIRC will automatically be allocated, free of charge, a Chinese Domain Name of the same string of registration under the .香港 country code top level domain in the Equivalent Domain Name Category and having the same expiry date. The two domain names must be held by the same individual or entity at all times, must have the same contact information, name server information, and must be transferred together as a pair, including when transferred as a result of a domain name dispute.

5.3 Variations of Chinese Domain Names

Any application for and any subsequent registration of a Chinese Domain Name is deemed to include all possible combinations of the Chinese Domain Name using different Chinese Character Variants (in the same sequential order as the order designated in the application), even though only the Chinese Domain Name actually applied for by Registrant (including the all-traditional and all-simplified Chinese versions of the Chinese Domain Name), and not any of its other different Chinese Character Variants, may be activated for use.

In the event that a complaint is filed in relation to a Chinese Domain Name, any decision made by the arbitration panel shall relate not only to the Chinese Domain Name activated for use, but also to all possible variations of the Chinese Domain Name which are based solely on other combinations of its Chinese Character Variants.

Any dispute or claim filed in respect of a Chinese Domain Name under the DNDRP, and any decision made by an arbitration panel in respect of such a dispute, shall include and extend to all possible combinations of Variants of the Chinese Characters comprising of or included in the Chinese Domain Name.
Not all Chinese Characters existing as computer characters are available for registration as part of a Chinese Domain Name. For example, particular Chinese Characters may comprise of a Chinese Domain Name on the Reserve List, or may not be included in the Chinese Character Variant Table.

The Registrar or HKIRC has the right to reject any Chinese Domain Name application if it is in the opinion of the Registrar or HKIRC that the Chinese Domain Name applied for contains one or more Chinese character which is possibly the Variant of another Chinese character irrespective of whether the Variant is included in the Chinese Character Variant Table or not

5.4 Service of Chinese Domain Names

HKIRC has adopted the internationalised Domain Name Standard and Guideline (including RFC 3454, 3490, 3491, 3492 and 3743) for all services provided by HKIRC in relation to Chinese Domain Names. HKIRC reserves the right to change its policies relating to Chinese Domain Names to accommodate and incorporate any changes to the internationalised Domain Name Standard and Guideline without giving notice to the Registrant. This includes, without limitation, the right to change the Chinese Character Variant Table and its contents.

5.5 Plug-In Software

The Registrant acknowledges that plug-in software may be required to use a Chinese Domain Name, and that neither HKIRC nor the Registrar provides, nor are HKIRC or the Registrar responsible for, the provision of, such plug-in software. HKIRC or the Registrar are not responsible or liable for any loss or damage incurred or suffered by any party as a result of or in connection with the use of any plug-in or other software obtained from a third party.

6. BUNDLING OF DOMAIN NAMES

6.1 Allocation of English Domain Names to holders of Chinese Domain Names

Registrant of a .香港 Chinese Domain Name (whether for an existing Domain Name registration or a new Domain Name application) which has not been bundled with an English Domain Name is entitled to register, free of charge, an English Domain Name in the Equivalent Domain Name Category, and having the same expiry date.

6.2 Allocation of Chinese Domain Names to holders of English Domain Names

Registrant of an English Domain Name (whether for an existing Domain Name registration, or a new Domain Name application) which has not been bundled with a .香港 Chinese Domain Name is entitled to register, free of charge, a Chinese Domain Name under the .香港 country code top level domain in the Equivalent Domain Name Category, and having the same expiry date.

6.3 Time for Applications under clauses 6.1 and 6.2

Registrant applying for either an English Domain Name in the Equivalent Domain Name Category under clause 6.1 or a Chinese Domain Name under the .香港 country code top level domain in the Equivalent Domain Name Category under clause 6.2 may apply at any time prior to ninety (90) days before the expiry of the existing Domain Name.

6.4 Bundling of Allocated Domain Names

Domain Names allocated under clauses 6.1 or 6.2 will, on allocation, be automatically bundled together with the Domain Name to which they relate.

6.5 Bundling of Existing Domain Names

Registrant holding an existing English Domain Name registration and an existing .香港 Chinese Domain Name registration under Equivalent Domain Name Categories, and that both of which are not already bundled with other Domain Names, may apply at any time via the Registrar to bundle these two Domain Names together (together with Domain Names referred to in clause 6.4, “Bundled Domain Names”).

If two existing Domain Names are bundled together under this clause 6.5, 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.

6.6 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 the Registrant wishes to unbundle the Bundled Domain Names held by the Registrant, the Registrant may do so via the Registrar, subject to payment of any Fees due in relation to the unbundled Domain Names in accordance with the Registration Agreement. If the Registrant fails to pay the required Fees, the Registrar will cancel the unbundled Domain Name registration and the Domain Name will enter a black-out period. During the black-out period the Registrant may apply to reinstate the Domain Name, provided the Registrant pay the Registrar the relevant outstanding Fees. If the Registrant does not apply to reinstate the Domain Name registration during the black-out period the unbundled Domain Name will become available to the general public for registration.

6.7 Registry’s discretion in accepting Bundled Domain Names

Applications to bundle or unbundle Domain Names are subject to HKIRC’s discretion and approval.

7. RESERVED DOMAIN NAMES AND PROHIBITED DOMAIN NAMES

7.1 Right to reserve Domain Names

HKIRC has the right to reserve Domain Names at any time, including for the purpose of auctioning the Domain Names in accordance with clause 8.2, and to prevent those reserved Domain Names from being registered in HKIRC’s sole discretion. HKIRC is not required to inform the Registrant or the Registrar of the reason for the reservation of any Domain Name.

7.2 Prohibited Domain Names

The following Domain Names may be refused registration:

Domain Names that are:

(a) all single-character labels, including A to Z, 0 to 9 and ‘-‘;

(b) generic top-level domains established by Internet Corporation for Assigned Names and Numbers (ICANN) including, but not limited to, sponsored top-level domains announced by ICANN;

(c) country code top-level domains announced by the Internet Assigned Numbers Authority (IANA);

(d) common Chinese surnames in the HKSAR (for idv.hk and Second Level Domain Names only)

(e) technical terms;

(f) words controlled by law and order authorities in the HKSAR;

(g) current and likely new types of Domain Names;

(h) terms used for operations

Additionally, in the case of Chinese Domain Names, Domain Names which HKIRC considers to be:

(i) Chinese translations of generic top-level domains announced by Internet Corporation for Assigned Names and Numbers (ICANN) or sponsored top-level domains announced by ICANN;

(j) names of countries or regions that use Chinese as their language;

(k) common technical terms related to domain names and related international name associations;

(l) types and levels of schools and other educational institutions in the HKSAR;

(m) common Chinese surnames in the HKSAR (for .個人.hk, .個人.香港 and Second Level Domain Names only);

(n) Chinese words controlled by law and order authorities in the HKSAR;

(o) current and likely new types of Chinese Domain Names;

(p) Chinese words of operational needs; or

(q) such other English or Chinese words as reserved by HKIRC.

7.3 Reservation of right to use certain Domain Name

HKIRC reserves the right in its sole discretion to use any Domain Name included on the Reserve List for any purpose. HKIRC is not required to inform Registrants or Registrar of the reasons for including a Domain Name on the Reserve List.

7.4 Use of the word “government”/”政府”

With the exception of Domain Names registered under .gov.hk, .政府.hk, or .政府.香港, any application to register a Domain Name may be rejected where the applied for Domain Name consists of or contains a reference to the word “government” or “政府” or related words where such use is likely, in the Registrar’s or HKIRC’s own opinion, to connote that a Registrant has authorisation from the HKSAR Government.

7.5 Use of the word “bank”/”銀行”

If a Registrant applies to register a Domain Name that uses the word “bank” or “銀行” or any of their derivatives in English or Chinese or any translation of them, or uses the letters “b”, “a”, “n”, “k” or the characters “銀” “行” in that order in the Domain Name, the Registrant must include in their 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. This requirement does not apply if the Registrant is not restricted from using banking names and descriptions by the relevant provisions of section 97 of the Banking Ordinance (e.g., as a bank authorized under the Banking Ordinance) or by the general consent given by the MA under section 97 of the Banking Ordinance.

Registration of a Domain Name may be refused or cancelled if the Registrant fails to comply with this clause 7.5, or if, in the Registrar’s or HKIRC’s opinion, the Domain Name registration may lead to the Registrant’s 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 at:

Section 97 of the Banking Ordinance (Cap.155, the Laws of Hong Kong)

Chapter 7 of the Guide to Authorization issued by the MA

7.6 Use of the word “insurance”, “assurance” or “保險”

If the Registrant applies to register a Domain Name that contains the words “insurance”, “assurance” or “保險” or which otherwise fall within any of the restrictions under section 56(A) of the Insurance Companies Ordinance (Cap 41), the Registrant must provide with the application the written consent issued by the Insurance Authority with respect to the Registrant’s use of such Domain Name.

The Registrar or HKIRC may refuse to register or may cancel the registration of a Domain Name if the Registrant does not comply with this Rule 7.6, or the Domain Name registration may lead, in the Registrar’s or HKIRC’s opinion, to a contravention of section 56(A) of the Insurance Companies Ordinance (Cap 41).

Further details of the restriction on use of the words “insurance”, “assurance” and “保險” 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)

7.7 Controlled Words

A Registrant must not apply for a Domain Name which comprises of or incorporates a word the use of which is subject to prohibition or restriction under applicable legislation of the HKSAR (“Controlled Word”) unless the Registrant is satisfied that its use of the Domain Name will not contravene the provisions of such legislation. Neither HKIRC nor the Registrar assumes any responsibility for vetting Domain Name applications to ensure that the Domain Names do not comprise of or incorporate a Controlled Word.

The Registrar or HKIRC may refuse to register or may cancel the registration of a Domain Name if the Registrant fails to comply with this clause 7.7, or if, in the Registrar’s or HKIRC’s opinion, the Domain Name registration may lead to the Registrant’s contravention of any applicable legislation of the HKSAR.

7.8 Other situations giving rise to refusal of a Domain Name

The Registrar and/or HKIRC 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 cause confusion to the public, be contrary to the national security or interests of the HKSAR, or otherwise be contrary to any law of the HKSAR. Both the Registrant and the Registrar acknowledge that HKIRC retains the right to conduct final checks on all Domain Name registrations or applications, and reserves the right to refuse the registration or continuation thereof for a Domain Name if HKIRC in its sole discretion deems fit.

8. ALLOCATION POLICY

8.1 General allocation of Domain Names

Subject to any rules, policies or special promotional periods as announced or adopted by HKIRC, all applications to register a Domain Name will be processed on a first-come-first-served basis.

8.2 Auctioning of Domain Names

HKIRC may in its sole discretion decide to auction certain Domain Names that it has reserved or have not been registered. HKIRC will provide notice to the Registrar of any upcoming auctions by posting the details of the auction on HKIRC’s website fourteen (14) calendar days before the auction commences.

9. APPROVAL OF APPLICATION FOR A DOMAIN NAME

9.1 Approval and Activation of a Domain Name

The day on which HKIRC activates the Domain Name registration shall be the effective date of the registration of the Registrant’s Domain Name (the “Activation Date”). A Domain Name shall be registered for the term specified by the Registrant in the Domain Name application as accepted by the Registrar.

9.2 Refusal to register a Domain Name

HKIRC may, without limitation as set out in these Registration Policies and in its sole discretion, refuse to register any Domain Name selected by the Registrant. HKIRC is not obliged to provide the Registrar or the Registrant with any reasons or grounds for such refusal but on the Registrant’s reasonable request and in its absolute discretion, HKIRC may inform the Registrant of such reasons or grounds.

9.3 Provision of services by HKIRC

HKIRC may, in exceptional circumstances and at its sole discretion, provide the Domain Name Services directly to an applicant or a Registrant.

10. EFFECTS OF REGISTRATION

10.1 Right to use Domain Name

Once the Registrant’s application for registration of a Domain Name has been approved, the Registrant shall have the right to use the Domain Name as the Registrant’s address on the Internet subject to the Registrant’s compliance with these Registration Policies, the Registration Agreement and the Published Policies.

10.2 Registration does not constitute ownership

The Registrant’s registration of a Domain Name does not constitute and shall not be used by the Registrant as evidence of ownership of the Domain Name.

10.3 No responsibility for use of Domain Name

HKIRC does not accept any responsibility for the use of any Domain Name on its register and in particular for any conflict with trademarks or service marks, whether registered, or unregistered in any jurisdiction.

10.4 No decision as to legality of Domain Name

By registering a Domain Name neither HKIRC nor the Registrar has made any determination, nor are HKIRC or the Registrar 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, the Registrant shall not use the fact that the Domain Name has been registered as a defence in any legal proceedings brought against the Registrant by any third party in connection with such registration or use of the Domain Name.

10.5 Publication of Registrant’s personal data

By applying for a Domain Name, the Registrant consents to HKIRC and the Registrar publishing the Registrant’s details, including but not limited to the name, the administrative contact’s particulars (including name, address, telephone number(s), fax number, and email address), the dates relating to the registration of the Domain Name and results of any dispute resolution proceedings, if the Registrant’s application is approved. The Registrant acknowledges that this information (if it refers to individuals) may be “personal data” for the purposes of Personal Data (Privacy) Ordinance (Cap.486) as amended from time to time. The Registrant acknowledges and agrees that organizations other than HKIRC and the Registrar, as well as members of the public will have access to all or some of such information, for the purpose of obtaining information about the Domain Name registration or any other related purpose pursuant to HKIRC’s privacy policy and personal information collection statement.

10.6 Registrant to provide accurate personal data

The Registrant shall provide to the Registrar or HKIRC complete and accurate data and promptly correct and update them during the term of the Domain Name registration.

10.7 Registrar to monitor Domain Names

The Registrar shall monitor status of Domain Names registered through the Registrar and shall at its own initiative or on receipt of any complaint, conduct checks and verify if any Domain Name is being used for phishing, spam advertising or any other unlawful or illegitimate purpose. The Registrar shall delete or suspend a Domain Name if so directed by HKIRC, upon HKIRC’s request, or upon receipt of any notice from any government or law enforcement authority (including without limitation the HKSAR Police Force, or the Office of Telecommunications Authority) that the use of the Domain Name or the website referenced by the Domain Name is in breach of any laws, directives, guidelines, codes of practice or regulations issued by such local authorities, is used for or in connection with illegal activities or is in HKIRC’s reasonable belief that the continuation of registration of the Domain Name or the operation of any website referenced by the Domain Name is likely to damage, adversely affect, or prejudice the goodwill, reputation and/or operation of HKIRC or the domain name industry in the HKSAR, or may expose HKIRC to the risk of third party claims or civil or criminal prosecution. HKIRC can suspend or delete the Domain Name if the Registrar fails to take action in a specific period.

11. NAME SERVERS

11.1 Provision of name servers details

In order to activate a Domain Name registration, the Registrant must list at least two independent name servers in the application form. These name servers must 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 the Registrant in the application form shall be responsible for and familiar with the Domain Name service and its operation.

11.2 Cancellation of Domain Name registration if name servers not operational

A Domain Name registration may be cancelled if the name servers listed in the Registrant’s 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.

11.3 Provision of temporary name server records

If the Registrant does not provide any valid name server details when applying to register a Domain Name, HKIRC or the Registrar may provide temporary name server records from the Activation Date until the records of the Domain Name are modified or the Domain Name registration is cancelled or transferred.

11.4 Modifying temporary name server details

The Registrant can modify the name server details temporarily provided by the Registrar or HKIRC for any newly registered Domain Name of the Registrant in accordance with clause 13.3.

12. PASSWORDS

12.1 Account password

The Registrant shall choose and assign a password for the Registrant’s registration account with the Registrar (“Account Password”). The Registrar will use the password as the identification key for future modification of the Registrant’s Domain Name registration information held by the Registrar. It is the sole responsibility of the Registrant to safeguard such passwords from any unauthorized use. In no event will HKIRC or the Registrar be liable for the unauthorized use or misuse of a Registrant’s password.

12.2 Authorisation Code

In addition to the Account Password, the Registrant will be assigned an authorisation password (also called the “authorisation code”) in respect of each Domain Name registration which must be provided by the Registrant 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 the Registrant agrees to allow the change of Registrar for the Domain Name registration.

13. MODIFICATION OF DOMAIN NAME DETAILS

The Registrant shall ensure that all information in the registration record for a Domain Name is up-to-date, complete and accurate.

13.1 Online modification form

The Registrant may modify a Domain Name registration by submitting a modification request, either to the Registrar directly or through a Reseller.

13.2 Modification of contact information

The Registrar will accept the request for modification of contact information of a Domain Name registration when the correct password for that Domain Name registration is submitted. The Registrar shall send an e-mail notification to both the new and old administrative contacts and technical contacts after the change of contact information is activated.

13.3 Modification of name servers

The Registrar will accept the request for modification of the name servers of a Domain Name registration when the correct password for the Account containing that Domain Name registration is submitted. The Registrar will send an e-mail notification to the administrative contact and the technical contact on receipt of the online modification form.

14. REGISTRAR’S ACTS

14.1 Registrar’s actions are binding on the Registrant

By acting on the Registrant’s behalf, the Registrar certifies that it:

(a) is authorized to apply for Domain Name Services on the Registrant’s behalf;

(b) is authorized to bind the Registrant to the terms and conditions of these Registration Policies; and

(c) has notified the Registrant of the terms and conditions of these Registration Policies, the Registration Agreement and all Published Policies.

14.2 Responsibility for Registrar

By submitting or proceeding with any applications for Domain Name Services, the Registrant agrees to be responsible for any errors made by the Registrar or its Reseller, and the Registrant’s continued use of the Registrar services shall rectify and affirm any unauthorized actions of the Registrar.

14.3 No refund of fees due to error by Registrar.

HKIRC shall not refund any fees paid by the Registrant or the Registrar on the Registrant’s behalf for any reason, including, but not limited to, where the Registrar or its Reseller incorrectly provides information in the application process; the Registrar or its Reseller changes or otherwise modifies the Domain Name record of the Registrant incorrectly; or the Registrar; or its Reseller fails to comply with the terms and conditions of these Registration Policies, the Registrar Agreement, the Registration Agreement or any Published Policies. For the avoidance of doubt, HKIRC is not bound by, or obliged to rely on any representations made by, the Registrar.

15. CANCELLATION OF DOMAIN NAMES

15.1 Cancellation at Registrant’s request

The Registrant may only cancel its Domain Name registration by submitting a request to the Registrar. The Registrar will accept a cancellation if the information is correct. The Registrar will send an e-mail notification to the administrative contact and the technical contact on receipt of the cancellation request. The Registrar will cancel the Registrant’s Domain Name registration if the Registrar does not receive any valid objection within seven (7) calendar days from the date that the Registrar notifies HKIRC, together with the administrative contact of the Domain Name registration.

15.2 Cancellation by Registrar or HKIRC

HKIRC or the Registrar may cancel a Domain Name registration for any of the reasons provided in the Registration Agreement or the Published Policies, including but not limited to:

(a) on receiving a written request from the Registrant in the prescribed form, requesting cancellation of the Domain Name registration; or

(b) if the Registrant does not pay the Registrar the requisite fees or provide the Registrar with the requisite documentary proof for its Domain Name registration by the due dates, or the Registrar does not pay the requisite fee to HKIRC; or

(c) pursuant to clause 23.2 when an Arbitration Panel has rendered a decision that the Domain Name registration be cancelled; or

(d) if the Registrant uses or allows the Domain Name to be used, or acquiesces to the Domain Name being used, in any manner or for any purpose which is illegal or which otherwise violates any law, rule, regulation, order or other legal instrument in force in HKSAR, or if there are reasonable grounds to believe that the Registrant has done or is doing so;

(e) if HKIRC or the Registrar believe, on reasonable grounds, that allowing the registration of the Domain Name to continue exposes HKIRC or the industry to a real threat or risk (in the sense of not being trivial) that legal action will be taken against HKIRC or the Registrar, whether in HKSAR or in any other jurisdiction;

(f) if HKIRC or the Registrar believe, on reasonable grounds, that allowing the registration of the Domain Name to continue is likely to damage or adversely affect HKIRC’s or the industry’s reputation and/or goodwill, whether in HKSAR or elsewhere;

(g) if HKIRC or the Registrar believe, on reasonable grounds, that allowing the registration of the Domain Name to continue is likely to put HKIRC or the Registrar in conflict with any statutory obligations or the terms of a HKSAR court order;

(h) if:

(i) the Registrant breaches any of the terms of these Registration Policies, Published Policies or the Registration Agreement; or

(ii) the Registrant’s Domain Name registration is challenged by a third party who has applied to a Dispute Resolution Service Provider (as defined in the DNDRP) for resolution of the dispute and the Registrant refuses to submit to the arbitration proceedings in accordance with the DNDRP; or

(iii) in HKIRC’s or the Registrar’s determination, registration and use of the Domain Name contravenes any of these Registration Policies, Published Policies, or the relevant Registration Agreement; or

(iv) in HKIRC’s or the Registrar’s determination, fraud was committed in the registration process for the Domain Name, any information provided by the Registrant is false or misleading, or any information which is material to the decision to register the Domain Name or to continue to provide the Registrant with domain name registration services has been concealed or omitted; or

(v) the name servers listed in the Registrant’s 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 either HKIRC or the Registrar decide in their sole discretion that it is undesirable or unsuitable to maintain the registration of the Domain Name; or

(j) if the Registrant is an individual, on the completion of the probate period for his/her estate; or

(k) if the Registrant is a company or organisation, on its dissolution or striking off from the Register of Companies in the HKSAR, or on the completion of its liquidation or winding-up period.

15.3 Notice of cancellation of a Domain Name

If any of the events stated in clause 15.2(h) occur, the Registrar shall send the Registrant a written notice, describing the reason for the proposed cancellation of the Domain Name registration. The Registrant has seven (7) calendar days from the date the Registrar sends to the Registrant the notice to provide evidence satisfactory to the Registrar that the reason for cancellation no longer exists or is not justified. If the reason for cancellation is due to the Registrant’s alleged breach of these Registration Policies, the Registrant must provide evidence satisfactory to show that it has not breached these Registration Policies, or alternatively that such breach has been remedied.

15.4 Effective date of cancellation of a Domain Name

The cancellation of the Domain Name registration shall take effect:

(a) for cancellation under clause 15.2(a), seven (7) calendar days after the Registrar has received a written request from the Registrant in the prescribed form for the cancellation of the Domain Name registration;

(b) for cancellation under clause 15.2(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 19.5;

(c) for cancellation under clause 15.2(c), on the day after the end of the fourteen (14) calendar days after the Registrar receives notice of such decision;

(d) for cancellation under clause 15.2(d), with immediate effect on giving the Registrant notice;

(e) for cancellation under clause 15.2(e), with immediate effect on giving the Registrant notice;

(f) for cancellation under clause 15.2(f), with immediate effect on giving the Registrant notice;

(g) for cancellation under clause 15.2(g), with immediate effect on giving the Registrant notice;

(h) for cancellation under clause 15.2(h), on the day after the end of the seven (7) calendar day period described in clause 15.3 unless the Registrant has provided the Registrar or HKIRC with evidence satisfactory to the Registrar that the reason for cancellation no longer exists or is not justified;

(i) for cancellation under clause 15.2(i), on the day after the end of the fourteen (14) calendar days after the Registrar or HKIRC notifies the Registrant of the exercise of discretion under clause 15.2(i);

(j) for cancellation under clause 15.2(j), on the day the Registrar has notice of the completion of the probate period;

(k) for cancellation under clause 15.2(k), on the day the Registrar has notice of the dissolution or striking off from the Register of Companies of the HKSAR or the completion of the liquidation or winding-up.

15.5 Re-use of Domain Names

Save for the situation stipulated in clause 7, once a Domain Name registration has been cancelled pursuant to this clause 15, the Domain Name shall be available for registration again after a black-out period with a date range determined by HKIRC. The maximum period for a black-out period shall be ninety (90) calendar days.

16. UNAUTHORIZED CANCELLATIONS

16.1 Objections to unauthorized cancellations

If during the notification period in clause 15.1 the Registrant claims that any cancellation request relating to the Domain Name was submitted without its authorization and the Registrant objects to the cancellation, the Registrant must submit with its objection documentary proof satisfactory to the Registrar that it is the authorized Domain Name holder before the Registrar will disallow the cancellation.

16.2 Approval of unauthorized modifications or cancellations

If, during the notification period in clause 15.1, the Registrant claims that any cancellation request relating to its Domain Name was submitted without its authorization but it decides to approve the cancellation, before the Registrar will allow the cancellation. The Registrant must:

(a) submit with the Registrant’s claim documentary proof satisfactory to the Registrar that it is the authorized Domain Name holder; and

(b) resubmit a cancellation request to the Registrar.

17. INFORMATION TO BE PROVIDED BY REGISTRANT TO REGISTRAR

17.1 Form of applications

All applications for Domain Name Services shall be made, in the form and manner prescribed from time to time, by the Registrar.

17.2 Provision of up-to-date information

The Registrant shall promptly inform the Registrar of any changes, amendments or corrections to any information the Registrant has provided to the Registrar within fourteen (14) calendar days of the occurrence of such changes, amendments or corrections.

18. FEES

18.1 Payment of fees

The Registrant shall pay the prescribed charges for the Domain Name Services and any of other services offered from time to time by the Registrar to the Registrant.

18.2 Method of Payment

All Fees should be paid by any means to the Registrar as prescribed by the Registrar from time to time.

18.3 Payment of Fees by Registrar to HKIRC

HKIRC may at times first seek payment from the Registrar for any Fees payable by the Registrar to HKIRC in respect of the Domain Name Services. If the Registrar fails to pay the Fees to HKIRC for whatever reason, HKIRC shall have the right to recover the Fees from the Registrant. All Fees shall be payable by the Registrar to HKIRC. HKIRC may (but shall not be obliged to) deduct such fees held in the HKIRC Registrar Account.

18.4 Service dependent on fees being paid

Domain Name Services will only be rendered to the Registrant after HKIRC has received due payment of the applicable Fees from the Registrar.

19. RENEWAL OF DOMAIN NAME

19.1 Conditions for renewal

The Registrant may renew its Domain Name in accordance with these Registration Policies provided that:

(a) the Registrant has paid all applicable Fees;

(b) the Registrant has not breached any of the provisions of these Registration Policies, the Published Policies or the Registration Agreement; and

(c) the Domain Name is not reserved by HKIRC in accordance with clause 7.

19.2 Renewal of Domain Name registration

At the end of each Contract Period, the Registrant must renew its Domain Name registration in accordance with the version of the Registration Agreement, these Registration Policies, and the Published Policies current at the date of renewal.

19.3 Election of Contract Period at Renewal

When the Registrant renews its Domain Name registration the Registrant must elect a further Contract Period which is a Contract Period allowed by the Registrar for its Domain Name registration.

19.4 Renewal fees

Renewal is subject to the fees prescribed by the Registrar under the relevant Registration Agreement, and shall be due on the first day after the end of the Contract Period. The Registrar will send an email reminder to the billing contact and the administrative contact for the Domain Name as recorded in the WHOIS records (or just the administrative contact if there is no recorded billing contact) stating when payment of the renewal fee is due.

19.5 Failure to pay renewal fee

If the Registrant fails to pay the renewal fee by the due date, the Registrar will cancel the Registrant’s Domain Name registration and the Domain Name will enter a black-out period. During the black-out period the Registrant may apply to reinstate its Domain Name provided the Registrant pays the renewal fee, the late charge, and any other outstanding fees. If the Registrant does not apply to reinstate the Registrant’s Domain Name registration during the black-out period the Domain Name may be released into the public domain.

20. TRANSFER OF REGISTRATION OF DOMAIN NAMES

20.1 Procedure for transferring a domain name

The Registrant (in this clause referred to as “Transferor”) may transfer the registration of its Domain Name to another party (the “Transferee”) in accordance with the provisions set forth in these Registration Policies, the Published Policies and the Registration Agreement, provided:

(a) the Transferor and the Transferee mutually consent to the transfer and jointly execute a Transfer Form and Transfer Procedure as prescribed by the Registrar or the transfer is ordered by the Court or the Dispute Resolution Service Provider according to the DNDRP;

(b) the Transferee:

(i) complies with the eligibility requirements set out in these Registration Policies, the Published Policies and the Registration Agreement applicable to the Domain Name that is being transferred;

(ii) shall be bound by the terms and conditions of these Registration Policies, Published Policies and the Registration Agreement,; and

(iii) pays the prescribed Fees as set out, if any, by the Registrar; and

(c) Registrar of the Transferor or the Transferee pays any Fees that are owing and due to the HKIRC 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 DNDRP.

Once the transfer is completed, the Transferor’s rights and obligations associated with the Domain Name registration shall be transferred to the Transferee.

20.2 Transfer on liquidation or winding-up of a company

If the Registrant is put into liquidation or wound-up, its Domain Name registration may only be transferred by a properly appointed liquidator or receiver on provision of documentary proof satisfactory of their appointment. If the Registrant’s Domain Name is not transferred during the liquidation or the winding-up period, the Domain Name registration owned by the Registrant may be cancelled on notification of the completion of the liquidation or winding-up.

20.3 Transfer on dissolution or striking off of a company

If the Registrant is a company and is dissolved or struck off the Register of Companies in the HKSAR or country where the company is registered, the Registrar or HKIRC may cancel the Registrant’s Domain Name registration on receiving notification or otherwise becoming aware of the dissolution or striking off.

20.4 Transfer on the death of an individual

If the Registrant is an individual, on his/her death the Domain Name registration of the Registrant may only be transferred by a properly appointed executor of the Registrant’s estate on provision of documentary proof satisfactory to the Registrar of their appointment. If the Registrant’s Domain Name is not transferred during the probate period, the Registrar or HKIRC may cancel the Domain Name registration on notification of the completion of the probate.

20.5 Transfer of a Domain Name already on the Reserved List

The Registrar or HKIRC 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.

20.6 No other means of transfer

The Registrant may not assign any of the Registrant’s rights under the Registration Agreement or otherwise in respect of the Domain Name registration, other than in accordance with the terms of the Registration Agreement. Any attempt by the Registrant’s creditors to obtain an interest in the Registrant’s rights shall not be recognised and may render the Domain Name registration void at HKIRC’s or the Registrar’s sole discretion.

21. CHANGE OF REGISTRAR

21.1 Changes in accordance with Registration Policies

The Registrar shall not prevent a Registrant from changing the Registrar of record save in accordance with these Registration Policies, the Registration Agreement and the Published Policies.

21.2 Registrar to ensure Domain Name registration can be transferred

The Registrar shall ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies, the Registration Agreement and these Registration Policies.

21.3 Change of status of Registrar

In the event that:

(a) the Registrar is no longer a registrar; or

(b) the Registrar’s HKIRC Accreditation is terminated; or

(c) the Registrar Agreement is terminated by HKIRC, the Registrar shall immediately give notice to all Registrants to whom such Registrar is as at the date of the occurrence of any of the events set out in this clause 21.3, providing the Domain Name Services and the Registrar shall inform the Registrants that they should transfer the registered Domain Name to a new registrar in accordance with the Published Policies. If the Registrant fails to elect a registrar and effect the transfer, HKIRC shall be entitled to transfer the Domain Name registration to HKDNR, together with any personal data held by the previous Registrar in relation to the Registrant.

In the event that the Registrar Agreement between HKIRC and the Registrar is terminated, 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.

21.4 Authorisation Code as proof of Registrant’s wish to transfer Domain Name registration

Where a Registrant requests a change of registrar from the Registrar, the Registrant shall provide the new Registrar with the Authorization Code generated by HKIRC. The Registrar can request HKIRC to provide this Authorization Code by sending it to the Registrant’s email address. The Registrar shall not, if requested to do so by a Registrant, refuse or incur unreasonable delay to make such a request to HKIRC. The Authorization Code is proof of the Registrant’s desire to change Registrars. When the new Registrar has received the Authorization Code from the Registrant, the new Registrar must submit the request to change Registrar to HKIRC. The change will be effected on the same day, or within a number of days as specified by HKIRC. If the change of Registrar was requested without the knowledge and authorisation of the Registrant, the old Registrar or the Registrant can object to the change by providing a signed letter to HKIRC with documentary proof of the legal status of the Registrant. HKIRC will roll back to the original Registrar if HKIRC determines that the objection is valid and acceptable.

21.5 Change of Registrar for Domain Name Registrations under HKNIC Registration Agreement Version 1.x or 2.xx

If the Registrant of a Domain Name registered under HKNIC Registration Agreement Version 1.x or 2.xx ( ‘Contract Version’ field displaying ‘Old’ in the WHOIS search result for the Domain Name) elects to change the Registrar from 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, in the event that the Registrant of this Domain Name elects to change the Registrar back to HKDNR in the future, the domain name registration shall be subject to the latest version of Registration Agreement of HKDNR.

22. TERMINATION OF REGISTRATION POLICIES

22.1 Termination Date

These Registration Policies shall terminate on the date on which the cancellation of registration of the Registrant’s Domain Name becomes effective (the “Termination Date”) under clause 15.

22.2 Survival of clauses

On the Termination Date, the provisions of these Registration Policies shall terminate except for clauses 1, 10.3, 10.4, 10.5, 21, 22, 23, 24, 25 and 27 which shall survive the termination of these Registration Policies.

22.3 No recourse on termination

The Registrant shall have no claims or recourse whatsoever against the Registrar or HKIRC on termination of the Registration Agreement. For the avoidance of doubt, there shall be no refund to the Registrant, whether in whole or in part, of any fees which have been paid to HKIRC through the Registrar prior to the termination of these Registration Policies.

23. DISPUTE RESOLUTION

23.1 Application of DNDRP

When a Domain Name registration registered by the Registrant is challenged by a third party, the dispute will be handled and governed by the DNDRP.

23.2 Arbitration or court proceedings

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

23.3 Decision of arbitration panel final and binding

Any decision made by an arbitration panel duly appointed by a Dispute Resolution Service Provider shall be final and binding. The Registrant shall abide by such decision. If the decision provides that the Domain Name registration shall be cancelled, the Registrar shall wait for ten (10) business days after receiving the decision before cancelling the Domain Name.

Where the Registrar does not execute the decision without giving a reason acceptable to HKIRC in its reasonable discretion, HKIRC shall execute the decision of the dispute.

23.4 Relinquishing registration of a Domain Name

Where the Registrant wishes to relinquish its Domain Name registration in dispute and to register a new Domain Name so as to avoid complaint proceedings and/or litigation, the Registrar may assist the Registrant with such application subject to the provisions below and allow the Registrant to maintain both Domain Names simultaneously for up to thirty (30) calendar days to facilitate an orderly transition to the new Domain Name registration. The Registrar will provide such assistance to the Registrant only if the Registrant:

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

(b) submits a written request for assistance, including identifying the Registrant’s desired new Domain Name; and

(c) provides the Registrar with a copy of the settlement agreement between the Registrant and the third party challenging the Registrant’s 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 the Registrant’s proposed new Domain Name for a thirty (30) day period.

23.5 No modification to Domain Name registrations during a dispute

If HKIRC or the Registrar is notified that a complaint has been filed pursuant to the DNDRP or a writ has been filed with a HKSAR court in relation to a Domain Name, HKIRC or the Registrar have the right to suspend or reject any transfer application made in respect of the Domain Name or any online modification (including deletion) of the Domain Name registration until:

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

(b) HKIRC or the Registrar is otherwise directed by the Arbitration Panel; or

(c) HKIRC or the Registrar receives notice from the Registrant 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) the Registrant relinquishes the Domain Name pursuant to Clause 23.4.

24. INDEMNITY

24.1 Indemnity to HKIRC

The Registrant hereby agree to defend HKIRC, indemnify HKIRC and hold HKIRC harmless, including HKIRC’s 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 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 Registrant’s Domain Name brought by the Registrant or any third party.

24.2 Indemnified parties to notify the Registrant of claims

Each Indemnified Party shall send a written notice to the Registrant of any such claim, action, or demand against that Indemnified Party within a reasonable time. The failure of any Indemnified Party to give the Registrant the appropriate notice shall not affect the rights of the Indemnified Party or other Indemnified Parties.

25. LIMITATION OF LIABILITY

25.1 Limitation of HKIRC’s liability

HKIRC 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 HKIRC’s 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 the Domain Name, password, authorisation code or other security authentication option;

(f) resulting from errors, omissions, or misstatements in any and all information or service(s) provided under these Registration Policies;

(g) that the Registrant may incur in connection with the processing of the application for the Domain Name Services, HKIRC’s processing of the authorized modification of the Registrant’s Domain Name record or the Registrar’s failure to pay any fees, including the initial registration fee or renewal fee; or

(h) as a result of the application of the DNDRP; or

(i) as a result of the exercise of HKIRC’s powers under clause 15.

25.2 No immunity

Registration of the Registrant’s chosen Domain Name does not confer immunity on the Registrant from objection to either the registration or use of the Domain Name.

25.3 Disclaimer of warranties

HKIRC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. HKIRC does not warrant:

(a) that HKIRC’s service will meet the Registrant’s requirements;

(b) that HKIRC’s services will be uninterrupted, timely, secure, or error free;

(c) as to the results that may be obtained from the use of HKIRC’s services.

25.4 Use of material from HKIRC’s website

Any material, including any third party plug-in software that is downloaded or otherwise obtained from HKIRC’s website, including any third party website via any link provided on HKIRC’s website, is done at the Registrant’s own discretion and risk and the Registrant will be solely responsible for any damage to the Registrant’s computer system or loss of data that results from the download or obtaining of such material.

25.5 No liability for failure of Internet communications

As internet communications may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission, HKIRC excludes any liability for failures, malfunctions in communications facilities not under HKIRC’s control that may affect the accuracy or timeliness of messages and transactions sent or received by the Registrant or the Registrar and HKIRC.

25.6 Hypertext links on HKIRC’s website

Certain hypertext links on HKIRC’s website will lead to websites which are not under HKIRC’s control. HKIRC makes no warranties, representations or undertakings about any content of any other website referred to or accessed by hypertext link through HKIRC’s website (“Third Party Site”). HKIRC does not endorse or approve the content of any Third Party Site. HKIRC will not take any responsibility or liability for or in connection with any Third Party Site.

25.7 No right to recover from HKIRC

The Registrant shall not seek to recover and shall not be entitled to recover from HKIRC or to be indemnified by HKIRC against any direct, indirect or consequential loss or damage or any claim, proceedings, cost, demand, liability or expense howsoever sustained, incurred or paid by the Registrant to any party in respect of any of the matters specified in these Registration Policies.

25.8 No liability for indirect losses

HKIRC will not be liable for the cancellation and/or loss of use (for whatever reason and whether temporary or otherwise) of the Registrant’s Domain Name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if HKIRC has been advised of the possibility of such damages.

25.9 HKIRC’s maximum liability

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.

26. AMENDMENTS TO THESE REGISTRATION POLICIES

HKIRC reserves the right to amend these Registration Policies at any time. Each time HKIRC amends these Registration Policies, HKIRC will publish the amended version of these Registration Policies in advance (where practicable, fourteen (14) calendar days in advance) on HKIRC’s web site: www.hkirc.hk. Each amended version of these Registration Policies will become binding and effective on the Registrar, the Registrant and HKIRC on the effective date specified at the top of the amended version, and will replace all previous versions of the Registration Policies. The Registrar and the Registrant should review HKIRC’s web site regularly in order to be aware of all such amendments.

27. ASSIGNMENT

27.1 Registrant may not assign

The Registrant is not entitled to assign any rights or obligations under these Registration Policies except by transferring its Domain Name registration in accordance with clause 20.

27.2 HKIRC may assign

HKIRC is entitled to assign any or all of its rights and obligations under these Registration Policies. If HKIRC does assign any rights or obligations under these Registration Policies, for whatever reason, the Registrar and the Registrant shall:

(a) prior to the date of assignment, pay HKIRC in full all monies owed by them respectively to HKIRC; and

(b) have no claims or recourse whatsoever against HKIRC. For the avoidance of doubt, there shall be no refund, whether in whole or in part, of any fees which have been paid to HKIRC prior to the assignment of these Registration Policies unless the Registrant elects not to be transferred to the new registry.

Registrant and Registrar agree, if HKIRC assigns its rights and obligations under these Registration Policies to a new registry, that all information and data, including personal data, pertaining to their Domain Name registrations will be transferred to the new registry.

28. GENERAL TERMS

28.1 Notices

All notices or reports permitted or required under these Registration Policies 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) two (2) Business Days after the date of postage or dispatch 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.

28.2 Communication by e-mail

All communications between HKIRC and the Registrar, and between HKIRC and the Registrar and the Registrant, in relation to the Domain Name Services shall be via email. The e-mail addresses HKIRC and the Registrar 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).

28.3 No agency or partnership

Nothing contained in these Registration Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the Registrar, the Registrant and HKIRC.

28.4 No waiver

The failure of either party to require performance by the other party of any provision of these Registration Policies shall not operate as a waiver of that provision or affect the right of a party to require performance of that provision at any future date. The waiver by either a party of a breach of any provision of these Registration Policies shall not be taken or held to be a waiver of the provision itself. Notwithstanding anything in these Registration Policies, the Registration Agreement or the Published Policies, HKIRC may in its absolute discretion waive any rights that HKIRC may have under these Registration Policies or the operation of any term or condition which is to HKIRC’s benefit.

28.5 Severance

If any provision of these Registration Policies 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. The Registrar and the Registrant consent to HKIRC amending or replacing the unenforceable or invalid provision with one that is valid and enforceable and which achieves, to the fullest extent possible, HKIRC’s original objectives and intent as reflected in the original provision.

28.6 English version of Registration Policies will prevail

In the event of any discrepancy between the English and Chinese versions of these Registration Policies, the English version shall prevail.

28.7 Governing law and jurisdiction

These Registration Policies 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.


Domain Name Dispute Resolution Policies

Domain Name Dispute Resolution Policy for .hk and . 香港 domain names
[Effective 22 Feb 2011]

1. Purpose
This Domain Name Dispute Resolution Policy (the “DNDRP”) is incorporated by reference into the agreement between the Registrant and the Registrar (the “Registration Agreement”) as part of the mandatory terms required by the Hong Kong Internet Registration Corporation Limited (“HKIRC”) in relation to the registration and use of a domain name in the .hk and .香港country code top level domains (a “Domain Name”). This DNDRP sets forth the terms and conditions in connection with a dispute between the Registrant and any party other than HKIRC and the Registrar in regard to the registration and use of a Domain Name.

Proceedings under Paragraph 4 of this DNDRP will be conducted according to the HKIRC Domain Name Dispute Resolution Policy Rules of Procedure (the “Rules of Procedure”), and the selected Arbitration Dispute Resolution Service Provider’s Supplemental Rules (the “Supplemental Rules”).

2. Registrant’s Representations
By applying to register a Domain Name, or by asking the Registrar to maintain or renew a Domain Name registration, the Registrant represents and warrants to the Registrar and HKIRC that:

  1. the statements that the Registrant made in the Registration Agreement or provided to the Registrar in the course of processing the Domain Name application are complete and accurate;
  2. to the best of the Registrant’s knowledge and belief, the Domain Name the Registrant is applying for will not infringe or otherwise violate the legal rights of any third party;
  3. the Registrant intends to use the Domain Name;
  4. the Registrant’s use of the Domain Name shall be bona fide for the Registrant’s own benefit and shall be for lawful purposes;
  5. the Registrant will not knowingly use the Domain Name in violation of any applicable laws and regulations;
  6. all information the Registrant, or any agent of the Registrant provides to the Registrar and HKIRC, including further additions or alterations to such information, is complete and accurate; and
  7. 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, and the Registrar shall notify HKIRC.It is the Registrant’s responsibility to determine whether the Registrant’s Domain Name registration infringes or violates someone else’s rights.

3. Cancellations, Transfers and Changes
The Registrar or HKIRC may cancel, transfer or otherwise make changes to Domain Name registrations in the following circumstances:

  1. the receipt of written or electronic instructions to the Registrar or HKIRC from both the Registrant and the other party to the dispute that the dispute has been settled; or
  2. the receipt by the Registrar or HKIRC of an order issued by an HKSAR court requiring any such action; or
  3. the receipt of a decision of an Arbitration Panel as defined in the Rules of Procedure, requiring any such action in respect of the relevant Domain Name registration.Notwithstanding anything in these DNDRP, the Registrar or HKIRC may also cancel, transfer or otherwise make changes to a Domain Name registration in accordance with the terms of the Registration Agreement or any legal requirements,

4. Mandatory Arbitration Proceedings
This Paragraph sets forth the type of disputes for which the Registrant is required to submit to a mandatory arbitration proceeding. These proceedings will be conducted before one of the Dispute Resolution Service Providers approved by HKIRC (each, a “Provider”).

  1. Applicable Disputes
    The Registrant is 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:
    1. the Registrant’s Domain Name is identical or confusingly similar to a trademark or service mark in Hong Kong in which the Complainant has rights; and
    2. the Registrant has no rights or legitimate interests in respect of the Domain Name; and
    3. the Registrant’s Domain Name has been registered and is being used in bad faith, and
    4. if the Domain Name is registered by an individual person, the Registrant does not meet the registration requirements for that individual category of Domain Name.To succeed in the arbitration proceeding, the Complainant must prove that all of the above elements are present. For the purpose of requirement (i) in relation to Chinese Domain Names, the traditional or simplified form or any other variant set out in the Chinese Characters Variant Table (defined in the Registration Agreement) of a Chinese character appearing in a Domain Name or trade mark will be considered to be identical and confusingly similar to that Chinese character.
  2. 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:
    1. circumstances indicating that the Registrant has registered or has 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 the Registrant’s documented out-of-pocket costs directly related to the Domain Name; or
    2. the Registrant has 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 the Registrant has engaged in a pattern of such conduct; or
    3. the Registrant has registered the Domain Name primarily for the purpose of disrupting the business of a competitor; or
    4. by using the Domain Name, the Registrant has intentionally attempted to attract, for commercial gain, Internet users to the Registrant’s 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 the Registrant’s web site or location or of a product or service on the Registrant’s web site or location.
  3. Evidence of Registration in violation of the eligibility requirements for.idv.hk/.個人.hk / .個人.香港 Domain Names (‘Individual Domain Name Categories”)
    For the purposes of Paragraph 4(a)(iv), the Registrant shall have violated the eligibility requirements for any Domain Name registered in the Individual Domain Name categories. These include the name incorporated in the Domain Name is not the Registrant’s legal name for個人.hk and個人.香港 domain names as set out in the Registration Agreement and the Registration Policies, Procedures and Guidelines and the Published Policies.
  4. How to Demonstrate the Registrant’s Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint
    When the Registrant receives a Complaint as defined in Paragraph 3 of the Rules of Procedure, the Registrant should refer to Paragraph 5 of the Rules of Procedure in determining how the Registrant’s 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 the Registrant’s rights or legitimate interests to the Domain Name for purposes of Paragraph 4(a)(ii):
    1. before any notice to the Registrant of the dispute, the Registrant’s 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
    2. the Registrant (as an individual, business, or other organisation) has been commonly known by the Domain Name, even if the Registrant has acquired no trade mark or service mark rights in Hong Kong; or
    3. the Registrant has trademark or service mark rights that the mark is identical to the Domain Name the Registrant is holding; or
    4. the Registrant is 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; or
    5. If the Domain Name is registered in one of the Individual Domain Name Categories, the Domain Name registered must be the Registrant’s own “individual name”, which can be either (1) the Registrant’s legal name, or (2) a name by which the Registrant is commonly known and can include, for example, a pseudonym the Registrant uses if the Registrant is an author or a painter, or a stage name if the Registrant is a singer or actor, or the name of a fictional character if the Registrant has created or can otherwise show it has rights in such fictional character.
  5. Selection of Provider
    The Complainant shall select the Provider from among those approved by the HKIRC by submitting the Complaint to that Provider. The selected Provider will administer the arbitration proceedings.
  6. Initiation of arbitration proceeding and process and appointment of Arbitration Panel
    The Rules of Procedure and the Provider’s Supplemental Rules set out the process for initiating and conducting an arbitration proceeding and for appointing the Arbitration Panel which will decide the dispute.
  7. Fees
    All fees charged by a Provider in connection with any dispute before an Arbitration Panel pursuant to this DNDRP shall be paid by the Complainant, except in cases where the Registrant elects to expand the Arbitration Panel from one to three Panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure or in the Supplemental Rules, in which case all fees will be split evenly by the Registrant 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.
  8. HKIRC’s Involvement in Arbitration Proceedings
    The Registrar and HKIRC do not, and will not, participate in the administration or conduct of any proceeding before an Arbitration Panel. In addition, the Registrar and HKIRC will not be liable as a result of any decision rendered by an Arbitration Panel.
  9. Remedies
    The remedies available to a Complainant pursuant to any proceeding before an Arbitration Panel shall be limited to requiring the cancellation of the Registrant’s Domain Name or the transfer of the Registrant’s Domain Name registration to the Complainant. The Registrar shall execute the result. Where the Registrar does not execute the result without giving an acceptable reason, HKIRC shall execute the result of the dispute.
  10. Notification and Publication
    The Provider shall notify the Registrar and HKIRC of any decision made by an Arbitration Panel with respect to a Domain Name. All decisions under this DNDRP and the Rules of Procedure and the Provider’s Supplemental Rules will be final and binding, and shall be published in full on the Internet or via 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 either HKIRC or the Registrar to register, maintain or renew a Domain Name registration, the Registrant agrees that a decision by an Arbitration Panel in which the Registrant is a Respondent may be made public and may be posted on the website of the Registrar and/or HKIRC and/or the Provider which appointed the Arbitration Panel in question.
  11. Results of an Arbitration Panel’s Decision
    If an Arbitration Panel decides that the Registrant’s Domain Name registration should be cancelled or transferred, the Registrar will wait ten (10) business days after the Registrar and HKIRC are informed by the applicable Provider of the Arbitration Panel’s decision before implementing that decision. Where the Registrar does not execute the decision without giving a reason acceptable to HKIRC in its reasonable discretion, HKIRC shall execute the decision of the dispute.
  12. Domain Names in Pair
    Where a Domain Name is held in pair in accordance with Clause 5.2 of the Registration Policies, Procedures and Guidelines or pursuant to the Registration Agreement, both or all Domain Names held in the pair shall be subject to the decision of the Arbitration Panel, and shall be cancelled and transferred together as a result of such decision.

5. The Involvement of HKIRC and/or the Registrar in Disputes

The Registrar and HKIRC will not participate in any way in any dispute between the Registrant and any party other than the Registrar and HKIRC regarding the registration and use of the Registrant’s Domain Name. The Registrant shall not name the Registrar and/or HKIRC as a party or otherwise include the Registrar and/or HKIRC in any such proceeding. In the event that the Registrar or HKIRC is named as a party in any such proceeding, the Registrar and HKIRC reserve their right to raise any and all defences deemed appropriate by them, and to take any other action necessary to defend themselves.

6. Maintaining the Status Quo

Neither the Registrar nor HKIRC will cancel, transfer, activate, deactivate, or otherwise change the status of any Domain Name registration under this DNDRP except as provided in Paragraphs 3 above.

7. Transfers During a Dispute to a new registrant or Change of the Registrars

The Registrant shall not transfer its 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 the Registrant’s 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. The Registrar and HKIRC reserve the right to cancel any transfer of a Domain Name registration to another holder that is made in violation of this paragraph.

The Registrant shall not transfer the Registrant’s Domain Name registration to another registrar during a pending arbitration proceeding brought pursuant to Paragraph 4 and for a period of ten (10) business days after such proceeding is concluded. The Registrant may transfer administration of the relevant Domain Name registration to another registrar during a pending arbitration, provided that the original Registrar shall continue to be subject to the proceedings commenced against the Registrant in accordance with this DNDRP and the Rules of Procedure. In the event that the Registrant transfers a Domain Name registration to another registrar during a pending arbitration, such dispute shall remain subject to the Registration Agreement of the Registrar from which the Domain Name registration was transferred, and the new registrar agrees to execute the decision rendered by the Arbitration Panel in respect of the relevant Domain Name registration.

8. Policy Modifications

This DNDRP and the Rules of Procedure may be modified by HKIRC at any time. Each time HKIRC amends this DNDRP and its Rules of Procedure, HKIRC will publish the amended version of the DNDRP and/or the Rules of Procedure in advance (where practicable, fourteen (14) calendar days in advance) on the website of HKIRC www.hkirc.hk. Each amended version of the DNDRP and/or the Rules of Procedure will become binding and effective on the Registrant, the Registrar and HKIRC on the effective date specified at the top of the amended version, and will replace all previous versions of the DNDRP and/or the Rules of Procedure. The Registrant should review the websites of the Registrar and/or HKIRC regularly in order to be aware of all such amendments.

If this DNDRP and/or its Rules of Procedure are invoked in the submission of a Complaint to a Provider, the version of the DNDRP and/or Rules of Procedure in effect at the time it was invoked will apply to that submission until the arbitration proceeding is over.

In the event that the Registrant objects to a change in this DNDRP and/or the Rules of Procedure, the Registrant’s sole remedy is to cancel the Registrant’s Domain Name registration with the Registrar, provided that the Registrant will not be entitled to a refund of any fees the Registrant has paid to the Registrar. The DNDRP and the Rules of Procedure, as modified, will apply to the Registrant until the Registrant cancels the relevant Domain Name registration.

9. Miscellaneous

In this DNDRP:

  1. Words importing the singular number only shall include the plural and vice versa.
  2. Words importing the masculine gender shall include the feminine gender and vice versa.

Rules of Procedures

Domain Name Dispute Resolution Policy for .hk and .香港 domain names Rules of Procedure
[Effective 22 Feb 2011]

Arbitration proceedings for the resolution of disputes under the Domain Name Dispute Resolution Policy shall be governed by these Rules of Procedure, the Supplemental Rules of the Provider administering the proceedings, and the Arbitration Ordinance (Chapter 341) (see http://www.legislation.gov.hk/index.htm for details of the Arbitration Ordinance) including any statutory modification thereof for the time being in force.

1. DEFINITIONS

In these Rules:

Arbitration Panel means an arbitration panel appointed by a Provider to decide a Complaint concerning a Domain Name registration.

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.

Complaint means a Complaint referred to in Paragraph 3 of these Rules of Procedure.

Complainant means the Party initiating a Complaint concerning a Domain Name registration.

DNDRP means the HKIRC Domain Name Dispute Resolution Policy, which is incorporated by reference and made a part of the Registration Agreement between a Registrant and a Registrar.

Domain Name means any Domain Name under the .hk or .香港 country code top level domains.

Domain Name Category has the meaning given in the Registration Policies.

HKIRC means the Hong Kong Internet Registration Corporation Limited.

Panelist means an individual member of an Arbitration Panel appointed by a Provider.

Party means a Complainant or a Respondent.

Provider means a Domain Name arbitration dispute-resolution service provider approved by HKIRC. A list of approved providers is available here.

Registrant means a holder of a Domain Name registration.

Registrar means a person with which the Respondent has registered a Domain Name that is the subject of a complaint.

Registration Agreement means the mandatory provisions specified by the HKIRC, between the Registrar and the Registrant in respect of a Domain Name.

Registration Policies means the Registration Policies, Procedures and Guidelines as issued by HKIRC and amended from time to time.

Respondent means the registered holder of a Domain Name against whom a Complaint is initiated.

Response means a Response referred to in Paragraph 5 of these Rules of Procedure.

Reverse Domain Name Hijacking means using the DNDRP in bad faith to attempt to deprive a Respondent of a Domain Name.

Rules of Procedure means these Domain Name Dispute Resolution Policy for .hk and .香港domain names Rules of Procedure.

Supplemental Rules means the Supplemental Rules adopted by the Provider administering a Domain Name arbitration proceeding. The Supplemental Rules shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Arbitration Panel, and the form of cover sheets, among other matters. In the event that there is a conflict between the DNDRP and the Rules of Procedure on one hand, and the Supplemental Rules on the other hand, the DNDRP and the Rules of Procedure shall prevail.

Written Notice means hardcopy notification by the Provider to the Respondent of the commencement of an administrative proceeding under the Policy which shall inform the respondent that a complaint has been filed against it, and which shall state that the Provider has electronically transmitted the complaint including any annexes to the Respondent by the means specified herein. Written notice does not include a hardcopy of the complaint itself or of any annexes.

2. Communications

  1. When forwarding a Complaint, including any annexes, electronically to the Respondent, it shall be the Provider’s responsibility to employ reasonably available means calculated to achieve actual notice to the Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:
    1. sending Written Notice of the Complaint to all postal-mail and facsimile addresses (A) shown in the Domain Name’s registration data through HKIRC’s WHOIS function at www.hkirc.hk for the registered Domain Name holder, the technical contact, and the administrative contact and/or (B) supplied by Registrar to the Provider the technical contact, administrative contact and billing contact information if any of them is not provided on HKIRC’s WHOIS function for the purposes of achieving actual notice to the Respondent;
    2. sending the Complaint in electronic form (including annexes to the extent available in that form) by email to:
      1. the email addresses for those technical, administrative, and billing contacts of the Respondent;
      2. postmaster@;
      3.  if the Domain Name (or “www.” followed by the Domain Name) resolves to an active web page (other than a generic page the Provider concludes is maintained by HKIRC, the Registrar or an internet service provider for parking domain names registered by multiple domain name holders), any email address shown or email links on that web page; or
    3. sending the Complaint, including any annexes, to any address the Respondent has notified to the Provider in writing at which it prefers to receive communications and, to the extent practicable, to all other email addresses provided to the Provider by Complainant under Paragraph 3(b)(v).
  2. Except as provided in Paragraph 2(a), any written communication to the Complainant or Respondent provided under these Rules of Procedure shall be made electronically via the Internet (a record of its transmission being available), or by any reasonably requested preferred means stated by the Complainant or Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)).
  3. Any communication to the Provider or an Arbitration Panel shall be made by the means and in the manner (including number of copies) stated in the Provider’s Supplemental Rules.
  4. Communications shall be made in the language prescribed in Paragraph 11 of these Rules of Procedure. Email communications should, if practicable, be sent in plain text.
  5. Either Party may update its contact details by notifying the Provider and in the case of the Respondent, the Registrar.
  6. Except as otherwise provided in these Rules of Procedure, or decided by an Arbitration Panel, all communications provided for under these Rules of Procedure shall be deemed to have been made:
    1. if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or
    2. if by postal or courier service, on the date marked on the receipt; or
    3. if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable
  7. Except as otherwise provided in these Rules of Procedure, all time periods calculated under these Rules of Procedure to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f) above.
  8. Any communication by:
    1. an Arbitration Panel to any Party shall be copied to the Provider and to the other Party;
    2. the Provider to any Party shall be copied to the other Party and if appropriate, to the Arbitration Panel; and
    3. a Party shall be copied to the other Party, the Arbitration Panel and the Provider, as the case may be.
  9. It shall be the responsibility of the sender of a communication to retain records of the fact and circumstances of the sending, which shall be available for inspection by affected parties and for reporting purposes. This includes the Provider in sending Written Notice to the Respondent by post and/or facsimile under Paragraph 2(a)(i).
  10. In the event a sender sends a communication and receives notification of non-delivery of the communication, the sender shall promptly notify the Arbitration Panel, the Provider and the relevant parties of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Arbitration Panel, or if no Arbitration Panel is yet appointed, the Provider.

3. The Complaint

  1. Any person or entity may initiate an arbitration proceeding by submitting a Complaint in accordance with the DNDRP and these Rules of Procedure to any Provider which such person or entity may select.
  2. The Complaint including any annexes shall be submitted in electronic form and shall:
    1. request that the Complaint be submitted to arbitration in accordance with the DNDRP and these Rules of Procedure and the Supplemental Rules of the Provider;
    2. state the name, postal and email addresses, and the telephone and facsimile numbers of the Complainant and of any representative authorised to act for the Complainant in the arbitration proceeding;
    3. specify a preferred method for communications to be directed to the Complainant during the course of the arbitration proceeding (including the person to be contacted, method of communication, and address information) for each of (A) electronic-only material and (B) other material including hard copy (where applicable);
    4. indicate whether the Complainant elects to have the dispute decided by a single-member or a three-member Arbitration Panel and, in the event the Complainant elects a three-member Arbitration Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates must be drawn from the list of Panelists maintained by the Provider to which the Complaint is submitted);
    5. provide the name of the Respondent and all information (including any postal and email addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Respondent or any representative of the Respondent, including contact information based on any pre-Complaint dealings, in sufficient detail to allow the Provider to send the Complaint to the Respondent or it’s representative as described in Paragraph 2(a) above;
    6. specify the Domain Name which is the subject of the Complaint;
    7. specify the trademark(s) or service mark(s) on which the Complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used. The Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future;
    8. describe, in accordance with the DNDRP, the grounds on which the Complaint is made including, in particular,
      1. the manner in which the Domain Name in question is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
      2. why the Respondent should be considered as having no rights or legitimate interests in respect of the Domain Name that is the subject of the Complaint; and
      3. why the Domain Name in question should be considered as having been registered and being used in bad faith.(The description should, for elements (B) and (C), discuss any aspects of Paragraphs 4(b), 4(c) and 4(d) of the DNDRP that are applicable. The description shall comply with any word or page limit set forth in the Provider’s Supplemental Rules.);
    9. Specify, in accordance with the DNDRP, the remedies sought;
    10. If relevant, identify any other legal proceedings that have been commenced or terminated in connection with or relating to the Domain Name that is the subject of the Complaint;
    11. State that a copy of the complaint, together with the cover sheet as prescribed by the Provider’s Supplemental Rules, has been sent or transmitted to the Respondent in accordance with paragraph 2(b);
    12. Conclude with the following statement followed by the signature (in any electronic format) of the Complainant or its authorised representative:“The Complainant, by submitting the Complaint agrees to the settlement of the dispute, regarding the Domain Name which is the object of the Complaint by final and binding arbitration in Hong Kong in accordance with the Domain Name Dispute Resolution Policy for .hk and .香港domain names, and Domain Name Dispute Resolution Policy for .hk and .香港domain names Rules of Procedure and the Supplemental Rules of the Provider.”“Complainant agrees that its claims and remedies concerning the registration of the Domain Name, the dispute, or the dispute’s resolution shall be solely against the domain name holder and, except in cases of fraud, waives all such claims and remedies against (a) the dispute resolution provider and the arbitration Panelist(s) hearing the dispute,; (b) HKIRC or (c) the Registrar; as well as (d) the respective directors, officers, employees, and agents of the dispute resolution provider, HKIRC or the Registrar, as the case may be.”“The Complainant by submitting this Complaint agrees that the decision of the Arbitration Panel to be appointed in this matter may be made public and may be published on the website including without limitation other forms of publication of the HKIRC and/or the dispute resolution provider who shall appoint the Arbitration Panel in question.”“Complainant certifies that the information contained in this Complaint is to the best of Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under the Rules of Procedure and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument”; and
    13. Annex any documentary or other evidence, including a copy of the DNDRP applicable to the Domain Name in dispute and any trademark or service mark registration upon which the Complaint relies, together with a schedule indexing such evidence.
  3. The Complaint may only relate to one Domain Name. However, where a Domain Name is held in a pair under Clause 5.2 of the Registration Policies, both of the Domain Names in the pair shall be subject to the Complaint and shall be handled together as part of the arbitration proceeding.

4. Notification of Complaint

  1. The Provider selected by the Complainant shall review the Complaint for administrative compliance with the DNDRP, the Rules of Procedure and the Provider’s Supplemental Rules and, if in compliance, shall forward the Complaint (together with the explanatory cover sheet prescribed by the Provider’s Supplemental Rules) electronically to the Respondent and shall send Written Notice of the complaint (together with the explanatory cover sheet), in the manner prescribed by Paragraph 2(a), within three (3) Business Days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 18.
  2. If the Provider finds the Complaint to be administratively deficient, it shall promptly, and within three (3) Business Days, notify the Complainant of the nature of the deficiencies identified. The Complainant shall have five (5) Business Days within which to correct any such deficiencies, failing which the arbitration proceeding will be deemed withdrawn without prejudice to submission of another Complaint by the Complainant in respect of the same Domain Name. The Provider shall forward the Complaint to the Respondent (together with the explanatory cover sheet prescribed by the Provider’s Supplemental Rules) within three (3) Business Days of the receipt by the Provider of the Complainant’s corrections of the deficiencies in its Complaint.
  3. The date of commencement of the arbitration proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2(a) or 2(b) as the case may be in connection with the forwarding of the Complaint to the Respondent.
  4. The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s) and HKIRC of the date of commencement of the arbitration proceeding.

5. The Response

  1. Within fifteen (15) Business Days of the date of commencement of the arbitration proceeding, the Respondent shall submit a Response to the Provider.
  2. The Response, including any annexes, shall be submitted in electronic form and shall:
    1. respond specifically to the statements and allegations contained in the Complaint and include any and all grounds for the Respondent to retain registration and use of the disputed Domain Name. This portion of the Response shall comply with any word or page limit set forth in the Provider’s Supplemental Rules;
    2. provide the name, postal and email addresses, and the telephone and facsimile numbers of the Respondent and of any representative authorised to act for the Respondent in the arbitration proceeding;
    3. specify a preferred method for communication to be directed to the Respondent during the course of the arbitration proceeding (including the person to be contacted, method of communication, and address information) for each of (A) electronic-only material and (B) other material including hard copy (where applicable);
    4. if the Complainant has elected a single-member panel in the Complaint (see Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute decided by a three-member panel;
    5. if either the Complainant or Respondent elects a three-member Panel, provide the names of three (3) candidates to serve as one of the Panelists (these candidates must be drawn from the list of Panelists maintained by the Provider to which the Complaint is submitted);
    6. if relevant, identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the Domain Name(s) that are the subject of the Complaint;
    7. state that a copy of the Response has been sent or transmitted to the Complainant, in accordance with Paragraph 2(b); and
    8. conclude with the following statement followed by the signature (in any electronic format) of the Respondent or its authorised representative:“Respondent certifies that the information contained in this Response is to the best of Respondent’s knowledge complete and accurate, and that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under the DNDRP, the Rules of Procedure, the dispute resolution provider’s Supplemental Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument”; and
    9. annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
  3. If the Complainant has elected to have the dispute decided by a single-member Arbitration Panel and the Respondent elects a three-member Arbitration Panel, the Respondent shall be required to pay one-half of the applicable fee for a three-member Arbitration Panel as set forth in the Provider’s Supplemental Rules. This payment shall be made together with the submission of the Response to the Provider. In the event that the required payment is not made in such manner, the dispute shall be decided by a single-member Arbitration Panel.
  4. At the request of the Respondent, the Provider may in its sole discretion, in exceptional cases, extend the period of time for the filing of the Response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider.
  5. If a Respondent does not submit a timely Response, in the absence of exceptional circumstances as determined by the Provider at its sole discretion, the Arbitration Panel shall decide the dispute based upon the Complaint and evidence submitted therewith.

6. Appointment of the Panel and Timing of Decision

  1. Each Provider shall maintain and publish a publicly
    available list of Panelists and their qualifications.
  2. If neither the Complainant nor the Respondent has elected a three-member Arbitration Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider shall appoint, within five (5) Business Days following receipt of the Response by the Provider, or the lapse of the time period for the submission thereof, a single Arbitrator from the Provider’s list of Panelists to constitute the Arbitration Panel. The fees for a single-member Arbitration Panel shall be paid entirely by the Complainant.
  3. If either the Complainant or the Respondent elects to have the dispute decided by a three-member Arbitration Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Paragraph 6(e). The fees for a three-member Arbitration Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Arbitration Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
  4. Unless it has already elected a three-member Arbitration Panel, the Complainant shall submit to the Provider, within five (5) Business Days of communication of a response in which the Respondent has elected for a three-member Arbitration Panel, the names and contact details of three candidates to serve as one of the Panelists (these candidates must be drawn from the list of Panelists maintained by the Provider to which the complaint is submitted);
  5. In the event that either the Complainant or the Respondent elects a three-member Arbitration Panel, the Provider shall endeavour to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) Business Days to secure the appointment of a Panelist on its customary terms from either Party’s list of candidates, the Provider shall make the appointment from other Panelists on the Provider’s list. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider’s selection from among the five being made in a manner and to the extent possible, that reasonably balances the preferences of both Parties, as such may be expressed to the Provider in writing (including email) within five (5) Business Days of the Provider’s submission of the five-candidate list to the Parties.
  6. Once the entire Arbitration Panel is appointed, the Provider shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Arbitration Panel shall forward its decision on the Complaint to the Provider.

7. Impartiality and Independence

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances, which could give rise to justifiable doubt as to the Panelist’s impartiality or independence. If, at any stage during the arbitration proceeding, new circumstances arise which could give rise to justifiable doubt as to the impartiality or independence of a Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute Panelist from the Provider’s list of Panelists.

8. Communication between Parties and the Arbitration Panel

No Party or anyone acting on its behalf may have any unilateral communication with an Arbitration Panel. All communications between a Party and the Arbitration Panel, or between a Party and the Provider shall be made in the manner prescribed in the Provider’s Supplemental Rules.

9. Transmission of the File to the Arbitration Panel

The Provider shall forward the file to the Arbitration Panel as soon as the Panelist is appointed in the case of an Arbitration Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Arbitration Panel.

10. General Powers of the Arbitration Panel

  1. An Arbitration Panel shall conduct the arbitration proceeding in such manner as it considers appropriate in accordance with the DNDRP, the Rules of Procedure and the Provider’s Supplemental Rules.
  2. In all cases, an Arbitration Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.
  3. Every Arbitration Panel shall ensure that the arbitration proceedings takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules of Procedure, the Provider’s Supplemental Rules or by the Arbitration Panel.
  4. The Arbitration Panel shall determine the admissibility, relevance, materiality and weight of the evidence presented to it.

11. Language of the Arbitration Proceedings

  1. Unless otherwise agreed by the Parties, the language of the arbitration proceedings shall be in English for English .hk domain name, and in Chinese for Chinese .hk domain name or .香港domain name, subject always to the authority of the Arbitration Panel to determine otherwise, having regard to all the circumstances of the arbitration proceeding,
  2. An Arbitration Panel may order that any documents submitted in a language other than the language of the arbitration proceeding shall be accompanied by a translation in whole or in part into the language of the arbitration proceeding.

12. Further Statements

In addition to the Complaint and the Response, the Arbitration Panel may request, in its sole discretion, further statements or documents from either or both of the Parties.

13. In-Person Hearings

There shall be no in-person hearings (including hearings by teleconference, video conference, and web conference), unless an Arbitration Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the Complaint.

14. Default

  1. In the event that a Party, in the absence of exceptional circumstances as determined by the Arbitration Panel in its sole discretion, does not comply with any of the time periods established by these Rules of Procedure, the Provider’s Supplemental Rules or the Arbitration Panel, the Arbitration Panel shall proceed to a decision on the Complaint.
  2. If a Party, in the absence of exceptional circumstances as determined by an Arbitration Panel in its sole discretion, does not comply with any provision of, or requirement under, these Rules of Procedure, the Provider’s Supplemental Rules or any request from an Arbitration Panel, the Arbitration Panel may draw such inferences therefrom as it considers appropriate.

15. Arbitration Panel Decisions

  1. An Arbitration Panel shall decide a Complaint on the basis of the statements and documents submitted to it and in accordance with the DNDRP, the Rules of Procedure, the Provider’s Supplemental Rules, the eligibility requirements of the relevant Domain Name Category and the law which the Arbitration Panel deems applicable.
  2. In the absence of exceptional circumstances as determined by an Arbitration Panel in its sole discretion, the Arbitration Panel shall forward its decision on the Complaint to the Provider within fifteen (15) Business Days of its appointment pursuant to Paragraph 6 above.
  3. In the case of a three-member Arbitration Panel, such Arbitration Panel’s decision shall be made by a majority.
  4. An Arbitration Panel’s decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s).
  5. Arbitration Panel decisions and dissenting opinions shall normally comply with the guidelines as to length set forth in the Providers Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If an Arbitration Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the DNDRP, it shall so state. If after considering the submissions the Arbitration Panel finds that the Complaint was brought in bad faith, (for example in an attempt at Reverse Domain Name Hijacking) or was brought primarily to harass the Respondent, the Arbitration Panel shall declare in its decision that the Complaint was brought in bad faith and constitutes an abuse of the arbitration proceeding process.

16. Communication of Decision to Parties

  1. Within three (3) Business Days after receiving the decision from the Arbitration Panel, the Provider shall communicate the full text of the decision to each Party, the concerned Registrar(s) and HKIRC. The concerned Registrar(s) shall immediately communicate to each Party, and the Provider, and HKIRC the date for the implementation of the decision in accordance with the DNDRP.
  2. Except if the Arbitration Panel determines otherwise (see Paragraph 4(j) of the DNDRP), the Provider shall publish the full decision and the date of its implementation on a publicly accessible web site. In any event, the portion of any decision determining a Complaint to have been brought in bad faith (see Paragraph 15(e) of these Rules of Procedure) shall be so published.

17. Settlement or Other Grounds for Termination

  1. If, before the Arbitration Panel’s decision, the Parties agree on a settlement, the Arbitration Panel shall terminate the arbitration proceeding or, if so requested by the Parties, enter the settlement as the decision of the Arbitration Panel.
  2. If, before an Arbitration Panel’s decision is made, the Arbitration Panel determines that it has become unnecessary or impossible to continue the arbitration proceeding for any reason, the Arbitration Panel shall terminate the arbitration proceeding, unless a Party raises justifiable grounds, to be determined by the Arbitration Panel for objection to such termination within a period of time to be determined by the Arbitration Panel.

18. Fees

  1. The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider’s Supplemental Rules, within the time and in the amount required. A Respondent electing under Paragraph 5(b)(iv) to have the dispute decided by a three-member Arbitration Panel, rather than the single-member Arbitration Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Arbitration Panel. See Paragraph 5(c). In all other cases, the Complainant shall bear all of the Provider’s fees, except as prescribed under Paragraph 18(d).Upon appointment of the Arbitration Panel, and where a refund is due as determined by the Provider, the Provider shall refund the appropriate portion, if any, of the initial fee to the Complainant, as specified in the Provider’s Supplemental Rules.
  2. No action shall be taken by the Provider on a Complaint until it has received from Complainant the initial fee in accordance with Paragraph 18(a).
  3. If the Provider has not received the fee within three (3) Business Days of receiving the Complaint, the Complaint shall be deemed withdrawn and the arbitration proceeding terminated.
  4. In exceptional circumstances, for example in the event an in-person hearing is held, the Provider shall request the Parties for the payment of additional fees, which amount shall be established by the Provider after consultation with the Parties and the Arbitration Panel. Such additional fees shall be paid at such time and in such proportions as between the Parties as the Provider determines in its sole discretion.

19. Exclusion of Liability

Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any arbitration proceeding under these Rules of Procedure.

20. Miscellaneous

  1. Words importing the singular number only shall include the plural and the converse shall also apply.
  2. Words importing the masculine gender shall include the feminine gender and the converse shall also apply.

21. Amendments

These Rules of Procedure may be amended by HKIRC at any time. Each time HKIRC amends the Rules of Procedure, Registrar and HKIRC will publish the amended version of the Rules of Procedure in advance (where practicable, 14 calendar days in advance) on HKIRC’s web site www.hkirc.hk or the Registrar’s own website. Each amended version of the Rules of Procedure will become binding and effective on HKIRC, the Registrant and the concerned Registrar(s) on the effective date specified at the top of the amended version, and will replace all previous versions of the Rules of Procedure. All concerned parties should review the website of the Registrar and/or HKIRC regularly in order to be aware of all such amendments.

The version of these Rules of Procedure then in effect at the time of the submission of a Complaint to the Provider shall apply to the arbitration proceeding commenced in accordance with such Rules of Procedure until the arbitration proceeding is over.

In the event that the Registrant objects to a change in these Rules of Procedure or the DNDRP, the Registrant’s sole remedy is to cancel the Registrant’s Domain Name registration with the Registrar, provided that the Registrant will not be entitled to a refund of any fees the Registrant has paid to the Registrar. These Rules of Procedure, together with the DNDRP, as modified, will apply to the Registrant until the Registrant cancels the relevant Domain Name registration.

For any comments or complaints against Dataplugs Limited regarding its accreditation’s compliance, please find below some useful information:
Website: www.hkirc.hk
Email address: info@hkirc.hk
Registration Agreement