Terms Of Use

– Hong Kong Domain Name Registration Company Limited (HKDNR)’s website www.hkdnr.hk (“HKDNR’s Website”)

Important Notice

By using the HKDNR’s Website, you accept and agree to be bound by these Terms of Use unconditionally.

1.

In these Terms of Use, unless the context otherwise requires, the following expression have the following meaning:-

“Confidential Information”

means any information obtained from or through the HKDNR’s Website including but not limited to, data related to applicants and registrants of .hk and/or .香港domain names, whether in writing or otherwise that is not publicly known including any compilation of otherwise public information in a form not publicly known but not including information that, at the time of disclosure, is publicly known; information that, after disclosure, becomes publicly known other than as a result of a breach of this Terms of Use; information that the recipient can show was known to it prior to the disclosure; and information that the recipient can show was made known to it by a third party who was entitled to do so and who did not impose any obligation of confidentiality or restricted use;

2.

By sending requests to us for Domain Name Administration through the HKDNR’s Website, you warrant HKDNR that you are authorised to apply for all the services detailed in your requests or on behalf of your customers, to legally bind you or your customers to the terms and conditions of the documents listed below and that you have acknowledged or have notified your customers that their .hk or .香港 domain name registrations will be bound by such documents, namely:

(i)

the Registration Agreement;

(ii)

the Domain Name Dispute Resolution Policy; and

(iii)

any other applicable agreements, rules, policies, Terms and Conditions and Important Notices.

3.

You shall not, whether by yourself, your agent, employees or any person authorised by you, do any of the following:

a.

use any data obtained from the HKDNR’s Website to send unsolicited commercial advertising of any sort via any medium including but not limited to, the telephone, email or fax; or

b.

enable high volume, automated or electronic processes to access HKDNR’s computer systems including but not limited to, the WHOIS search enquiry service; or

c.

compile, repackage, disseminate, disclose to any third party or use the data obtained from the HKDNR’s Website for any purpose other than obtaining information about a domain name registration record; or

d.

use such data obtained from the HKDNR’s Website to derive an economic benefit for yourself or any third parties except by applying for or maintaining a .hk or .香港domain name for and on behalf of your customers.

4.

You shall treat as confidential at all times all customer data and/or Confidential Information obtained from the HKDNR’s Website and such data shall not be used in any way detrimental to the customer and/or to HKDNR. You shall not divulge the customer data or Confidential Information to any person except to your own employees on a need-to-know basis. You shall prevent any unauthorised use, dissemination or publication of Confidential Information and you shall not do any act, or engage in any practice, that contravenes the Hong Kong Personal Data (Privacy) Ordinance (Cap.486). In the event of any unauthorised disclosure of protected personal data and/or Confidential Information by you, whether willfully or not, you and/or your representatives who disclose the data shall be wholly and personally liable for any losses and/or damages, whether monetary or not, which HKDNR may suffer directly and/or indirectly as a result of such unauthorized disclosure. HKDNR shall be entitled to claim for damages which including but not limited to all legal costs and expenses incurred by HKDNR in connection with the enforcement of these Terms of Use.

5.

HKDNR in its sole discretion may terminate or suspend your ability to access to and/or use of the HKDNR’s Website at any time without prior notice including but not limited to, in the event of (i) a breach of these Terms of Use by you, (ii) non-performance of your obligations under these Terms of Use

6.

DISCLAIMER. HKDNR ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR ACCESS TO THE HKDNR’S WEBSITE OR USE OF THE HKDNR’S WEBSITE, NOT LIMITED TO BUT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION OR INACCURACY WITH THE HKDNR.’S WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF ANY PART OF THE HKDNR’S WEBSITE OR ASSOCIATED SERVICES OR TO ANY DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TROJAN HORSE, WORM, SOFTWARE BOMB, COMMUNICATION LINE FAILURE, SOFTWARE OR HARDWARE DATA (INCLUDING BUT NOT LIMITED TO), OR INTERCEPTION OF ON-LINE COMMUNICATION.

HKDNR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE HKDNR’S WEBSITE OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THE HKDNR’S WEBSITE. NO CLAIMS OR ACTIONS OF LEGAL PROCEEDINGS IN CONNECTION WITH THE USE OF THIS HKDNR’S WEBSITE BY YOU OR ANY THIRD PARTIES AUTHORISED BY YOU TO USE THE HKDNR’S WEBSITE WILL BE ENTERTAINED BY HKDNR.

7.

You, your employees, agents and any person authorised by you shall not seek to recover and shall not be entitled to recover from HKDNR or to be indemnified by HKDNR against any direct, indirect or consequential loss or damage suffered by you arising out of or in connection with your use of the HKDNR’s Website.

8.

You shall be held responsible for any losses and damages suffered by HKDNR arising either directly or indirectly from the use of the HKDNR’s Website by you, your employees, agents or any person authorised by you. HKDNR reserves the right to claim and take any actions or legal proceedings for recovery or compensation as a result.

9.

You hereby agree to fully indemnify, defend and hold HKDNR, its affiliates or partners, agents, directors, employees harmless from and against any action, liability, costs claim, loss, damage, proceeding or expense of whatsoever nature (including reasonable legal fees, costs and expenses on a full indemnity basis) arising from or directly or indirectly related to:-

(a)

your access to and/or use of the HKDNR’s Website and/or any other person or entity’s use of this service or the HKDNR’s Website where such person or entity was authorised by you to access and/or use the HKDNR’s Website; or

(b)

any negligent act or omission or breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity authorised by you to use the HKDNR’s Website; or

(c)

any materials you submit, post to, or transmit through the HKDNR’s Website.

10.

All reasonable efforts are made by HKDNR to ensure the information provided on the HKDNR’s Website is accurate and/or up-to-date, HKDNR gives no warranty of any kind express or implied with regard to the accuracy or completeness of any information on the HKDNR’s Website or that the HKDNR’s Website will be error free. Information obtained through the HKDNR’s Website may contain errors including but not limited to, inaccuracies or typographical errors. HKDNR shall not be liable to you for any loss arising out of and to the extent caused by any failure by HKDNR to keep the information on the HKDNR’s Website accurate and/or up-to-date. HKDNR reserves the right in its discretion but undertakes no duty to review, edit or otherwise change without prior warning or notice any information or material contained on the HKDNR’s Website.

11.

HKDNR does not guarantee that any e-mails from the HKDNR’s Website will be sent to you or received by HKDNR nor does HKDNR warrant the privacy and/or security of e-mails during Internet transmission.

12.

HKDNR may use “session cookies” on the HKDNR’s Website. If you want to disallow such cookies you can do so on your Web browser. These cookies are stored on your computer temporarily, not permanently, namely for the duration of each of your visits to the HKDNR’s Website.

13.

HKDNR reserves the right to amend these Terms of Use at any time without prior notice. You shall review the HKDNR’s Website regularly for keeping track of such amendments.

14.

HKDNR reserves the right to log your IP address and to preserve it for reasonable time. The purpose is to help the prevention or detection of crime.

15

These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

16.

In the event of any discrepancy between the English and Chinese versions of this Agreement, the English version shall prevail.