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[Hong Kong Domain Name Registration Company Limited Domain Name Registration Agreement for .hk Domain Names Version 2.0 [Effective 21 Feburary 2003]	Hong Kong Domain Name Registration Company Limited Domain Name Registration Agreement for .hk Domain Names Version 1.0 [Effective 1 June 2001]
Preamble	Preamble
1. Hong Kong Domain Name Registration Company Limited ("HKDNR") has established to take over the role as the administrator of Domain Names under .hk country code top level domain ("hkccTLD") as started from 1 June 2001.	1. Hong Kong Domain Name Registration Company Limited ("HKDNR") has established to take over the role as the administrator of Domain Names under .hk country code top level domain ("hkccTLD") as started from 1 June 2001.
2. HKDNR is now the operations arm of The Hong Kong Internet Registration Corporation Limited (HKIRC) in assuming the role of both registry and registrar for the registration and assignment of Third-level Domain ("Domain Name") under the existing Second-Level Domains, namely .com.hk, .org.hk, .gov.hk, .edu.hk, .net.hk, idv.hk and any other Second Level Domains to be introduced from time to time in the Hong Kong Special Administrative Region of the People's Republic of China ("HKSAR").	2. HKDNR is now the operations arm of The Hong Kong Internet Registration Corporation Limited (HKIRC)* in assuming the role of both registry and registrar for the registration and assignment of Third-level Domain ("Domain Name") under the existing Second-Level Domains, namely .com.hk, .org.hk, .gov.hk, .edu.hk and .net.hk and any other Second Level Domains to be introduced from time to time in the Hong Kong Special Administrative Region of the People's Republic of China ("HKSAR"). *With effective from 25 March 2002, the Domain name administration functions would be transferred from the Joint Universities computer Centre (JUCC), the former administrator of ".hk" Domain Names, to The Hong Kong Internet Registration Corporation Limited (HKIRC), a new private and non-profit making corporation.
3. This Agreement is between the Customer and HKDNR. In this Agreement, "Customer" means an applicant who has applied to HKDNR or any other registrars appointed by HKDNR (a list of registrars appointed by HKDNR is set forth in www.hkdnr.net.hk) for the registration of a new Domain Name.	3. This Agreement is between the Customer and HKDNR. In this Agreement, "Customer" means any of the following: (a) an existing registrant who used to maintain the registration of a Domain Name with HKNIC but has elected to re-register its Domain Name with HKDNR pursuant to the terms and conditions hereunder; or (b) an applicant who has applied to HKDNR or any other registrars appointed by HKDNR (a list of registrars appointed by HKDNR is set forth in www.hkdnr.net.hk) for the registration of a new Domain Name.
Application 4. By applying for the registration of a new Domain Name, either directly by the Customer or through a registration service provider or other authorized agents (collectively known as "Agent"), the Customer agrees to be bound by the terms and conditions of this Agreement. The Rules for .hk Domains and Sub-Domains (the "Rules") and the HKDNR Domain Name Dispute Resolution Policy (the "Dispute Resolution Policy"), in each case as amended from time to time, form part of this Agreement. Where the Customer is a Minor (as defined in the Rules), the application for Domain Names must be jointly executed by the Minor’s parent or guardian. The parent or guardian guarantees the full and timely performance by the Minor of his obligations, duties and warranties owed towards HKDNR pursuant to this Agreement.	Application 4. By applying for the registration of a new Domain Name or the re-registration of an existing Domain Name, either directly by the Customer or through a registration service provider or other authorized agents (collectively known as "Agent"), the Customer agrees to be bound by the terms and conditions of this Agreement. The Rules for .hk Domains and Sub-Domains (the "Rules") and the HKDNR Domain Name Dispute Resolution Policy (the "Dispute Resolution Policy"), in each case as amended from time to time, form part of this Agreement.
5. To qualify for registration of a new Domain Name, the Customer shall either be a Hong Kong resident, a commercial entity, a non-profitable organization, an entity managing network infrastructure machines and services, a bureau or department of the Government of HKSAR or a school or an educational institution in HKSAR, which meets the requirements set forth in the Rules. In accordance with Rule 1.3 of the Rules, the Customer shall provide to HKDNR the documentary proof(s) to establish that it is qualified to apply for the registration of a Domain Name. If such evidence is not provided, HKDNR reserves the right to refuse the application for registration of the Domain Name.	5. To qualify for registration of a new Domain Name, the Customer shall either be a commercial entity, a non-profitable organization, an entity managing network infrastructure machines and services, a bureau or department of the Government of HKSAR or a school or an educational institution in HKSAR, which meets the requirements set forth in the Rules. In accordance with Rule 1.2 of the Rules, the Customer shall provide to HKDNR the documentary proof(s) to establish that it is qualified to apply for the registration of a Domain Name. If such evidence is not provided, HKDNR reserves the right to refuse the application for registration of the Domain Name.
6. If an application for the registration of a Domain Name is made by the Agent on behalf of the Customer, the Customer agrees that it shall nonetheless be bound as a principal by the terms and conditions herein. The Customer's continued use of HKDNR's services shall rectify any unauthorized actions of the Agent. By acting on behalf of the Customer, the Agent certifies that it is authorized to apply for HKDNR's services on behalf of the Customer, that it is authorized to bind the Customer to the terms and conditions of this Agreement and that it has notified the Customer of the terms and conditions of this Agreement. In addition, the Customer agrees to be responsible for any errors made by the Agent. HKDNR shall not refund any fees paid by the Customer or the Agent on its behalf for any reason, including, but not limited to, in the event that the Agent fails to comply with the terms and conditions of this Agreement, the Agent incorrectly provides information in the application process or the Agent changes or otherwise modifies the Customer's Domain Name record incorrectly. For the avoidance of doubt, HKDNR is not bound by, nor is it obliged to rely on any representations made by the Agent.	6. If an application for the registration of a Domain Name is made by the Agent on behalf of the Customer, the Customer agrees that it shall nonetheless be bound as a principal by the terms and conditions herein. The Customer's continued use of HKDNR's services shall rectify any unauthorized actions of the Agent. By acting on behalf of the Customer, the Agent certifies that it is authorized to apply for HKDNR's services on behalf of the Customer, that it is authorized to bind the Customer to the terms and conditions of this Agreement and that it has notified the Customer of the terms and conditions of this Agreement. In addition, the Customer agrees to be responsible for any errors made by the Agent. HKDNR shall not refund any fees paid by the Customer or the Agent on its behalf for any reason, including, but not limited to, in the event that the Agent fails to comply with the terms and conditions of this Agreement, the Agent incorrectly provides information in the application process or the Agent changes or otherwise modifies the Customer's Domain Name record incorrectly. For the avoidance of doubt, HKDNR is not bound by, nor is it obliged to rely on any representations made by the Agent.
7. All applications for the registration, renewal, modification, transfer or deletion of a Domain Name shall be made in the form and manner prescribed by HKDNR from time to time, pursuant to the Rules.	7. All applications for the registration, renewal, modification, transfer or deletion of a Domain Name shall be made in the form and manner prescribed by HKDNR from time to time, pursuant to the Rules.
8. The Customer agrees to pay HKDNR the prescribed charges for registration, modification, transfer or renewal of the Domain Name registration as set out in the Rules current at the relevant time ("Fees"). The Customer can pay the Fees by banker’s draft, cheque, depositing the Fees in a bank account designated by HKDNR or by any other means as prescribed by the HKDNR from time to time. All fees or charges payable are non-refundable. If the Customer uses an Agent for payment of Fees, HKDNR shall first seek payment from the Agent. If the Agent fails to pay the Fees for whatever reason, HKDNR shall have the right to recover the Fees from the Customer.	8. The Customer agrees to pay HKDNR the prescribed charges for registration, modification, transfer or renewal of the Domain Name registration as set out in the Rules current at the relevant time ("Fees"). All fees or charges payable are non-refundable. If the Customer uses an Agent for payment of Fees, HKDNR shall first seek payment from the Agent. If the Agent fails to pay the Fees for whatever reason, HKDNR shall have the right to recover the Fees from the Customer.
9. The Customer's Domain Name may be renewed annually provided: (a) the renewal shall be subject to the then current terms and conditions of this Agreement; (b) the Customer has paid all applicable Fees; and (c) the Customer has not breached any of the provisions of this Agreement.	9. The Customer's Domain Name may be renewed annually provided: (a) the renewal shall be subject to the then current terms and conditions of this Agreement; (b) the Customer has paid all applicable Fees; and (c) the Customer has not breached any of the provisions of this Agreement.
10. The Customer may register more than one Domain Name with HKDNR provided such registrations do not contravene any of the terms of this Agreement.	10. The Customer may register more than one Domain Name with HKDNR provided such registrations do not contravene any of the terms of this Agreement.
11. The Customer represents and warrants to HKDNR that: (a) to the best of the Customer's knowledge and belief, the Domain Name will not infringe or otherwise violate the legal rights of any third party; (b) the Customer intends to use the Domain Name; (c) the Customer’s use of the Domain Name shall be bona fide for the Customer’s own benefit and shall be for lawful purposes; (d) the Customer will not knowingly use the Domain Name in violation of any applicable laws and regulations; (e) all information furnished to HKDNR including further additions or alterations to such information is true and accurate; and (f) in the event that it receives notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, the Customer will immediately send a written notice to HKDNR notifying it of such claim, action or demand.	11. The Customer represents and warrants to HKDNR that: (a) to the best of its knowledge and belief, the Domain Name will not infringe or otherwise violate the legal rights of any third party; (b) it intends to use the Domain Name; (c) its use of the Domain Name shall be bona fide for its own benefit and shall be for lawful purposes; (d) it will not knowingly use the Domain Name in violation of any applicable laws and regulations; (e) all information furnished to HKDNR including further additions or alterations to such information is true and accurate; and (f) in the event that it receives notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, it will immediately send a written notice to HKDNR notifying it of such claim, action or demand.
12. The Customer agrees to promptly inform HKDNR of any changes, amendments or corrections to the information furnished to HKDNR within thirty (30) calendar days of the occurrence of such changes, amendments or corrections.	12. The Customer agrees to promptly inform HKDNR of any changes, amendments or corrections to the information furnished to HKDNR within thirty (30) calendar days of the occurrence of such changes, amendments or corrections.
Allocation Policy 13. HKDNR shall register the Domain Name on a "first come, first serve" basis.	Allocation Policy 13. HKDNR shall register the Domain Name on a "first come, first served" basis.
14. HKDNR relies on all representations made and warranties given by the Customer under Clause 11 in determining if the application should be approved.	14. HKDNR relies on all representations made and warranties given by the Customer under Clause 11 in determining if the application should be approved.
15. HKDNR shall refuse, at its sole discretion, to register any Domain Name selected by the Customer for whatever reason. HKDNR is not obliged to provide the Customer with any reasons or grounds for such refusal but upon the Customer's reasonable request and in HKDNR's absolute discretion, HKDNR may inform the Customer of such reasons or grounds.	15. HKDNR shall refuse, at its sole discretion, to register any Domain Name selected by the Customer for whatever reason. HKDNR is not obliged to provide the Customer with any reasons or grounds for such refusal but upon the Customer's reasonable request and in HKDNR's absolute discretion, HKDNR may inform the Customer of such reasons or grounds.
Effects of Registration 16. Pursuant to the terms and conditions of this Agreement and the Rules, the day on which HKDNR informs the Customer that the Domain Name application has been approved shall be the effective date of the registration (the "Activation Date") of the Domain Name.	Effects of Registration 16. Pursuant to the terms and conditions of this Agreement and the Rules, the day on which HKDNR informs the Customer that the Domain Name application has been approved shall be the effective date of the registration (the "Activation Date") of the Domain Name.
17. Subject to the Customer complying with this Agreement, the Customer shall have the right to use the Domain Name as the Customer's address on the Internet. However, the Customer's registration of the Domain Name does not constitute and shall not be used by the Customer as evidence of ownership of the Domain Name. In the case of .idv.hk Domain Name, the Domain Name registration shall revert to HKDNR upon the death of the Customer. HKDNR does not accept any responsibility for the use of any Domain Name on the register of HKDNR and in particular for any conflict with trade marks /service marks, whether registered, or unregistered in any jurisdiction.	17. Subject to the Customer complying with this Agreement, the Customer shall have the right to use the Domain Name as the Customer's address on the Internet. However, the Customer's registration of the Domain Name does not constitute and shall not be used by the Customer as evidence of ownership of the Domain Name. For the avoidance of doubt, HKDNR does not accept any responsibility for the use of any Domain Name on the register of HKDNR and in particular for any conflict with trade marks /service marks, whether registered, or unregistered in any jurisdiction.
18. The Customer acknowledges and agrees that by registering a Domain Name, HKDNR has not made any determination, nor is it capable of making such determination, with respect to the legality of the Domain Name registration or otherwise evaluate whether that registration or use of the Domain Name may infringe upon any rights of a third party. As a consequence, the Customer further agrees that it shall not use the fact that the Domain Name has been registered by HKDNR as a defence in any legal proceedings brought against the Customer by any third party in connection with the Customer's registration and/or use of the Domain Name.	18. The Customer acknowledges and agrees that by registering a Domain Name, HKDNR has not made any determination, nor is it capable of making such determination, with respect to the legality of the Domain Name registration or otherwise evaluate whether that registration or use of the Domain Name may infringe upon any rights of a third party. As a consequence, the Customer further agrees that it shall not use the fact that the Domain Name has been registered by HKDNR as a defence in any legal proceedings brought against the Customer by any third party in connection with the Customer's registration and/or use of the Domain Name.
19. The Customer consents to HKDNR publishing the Customer's details, including but not limited to the Customer's name, the administrative contact's particulars, the Domain Name's Activation Date and results of dispute resolution proceedings. The Customer acknowledges that this information (if it refers to individuals) is "personal data" for the purposes of Personal Data (Privacy) Ordinance (CAP.486) as amended from time to time. HKDNR shall be entitled to allow other organizations and members of the public to access such information for the purpose of obtaining information about the registration of the Domain Names or any other related purpose pursuant to HKDNR's privacy policy and personal information collection statement.	19. The Customer consents to HKDNR publishing the Customer's details, including but not limited to the Customer's name, the administrative contact's particulars, the Domain Name's Activation Date and results of dispute resolution proceedings. The Customer acknowledges that this information (if it refers to individuals) is "personal data" for the purposes of Personal Data (Privacy) Ordinance (CAP.486) as amended from time to time. HKDNR shall be entitled to allow other organizations and members of the public to access such information for the purpose of obtaining information about the registration of the Domain Names or any other related purpose pursuant to HKDNR's privacy policy and personal information collection statement.
Transfer of Registration of Domain Names 20. The Customer (in this Clause 20, 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 the Rules, provided: (a) the Transferor and the Transferee jointly execute a Transfer Form as set out in the Rules; (b) the Transferee: (i) complies with the qualifications set out in Clause 5 of this Agreement; (ii) agrees to be bound by the terms and conditions of this Agreement; and (iii) pays the prescribed Fees; and (c) the Transferor or the Transferee pays any Fees that are owing and due to HKDNR before the application for the transfer; and (d) the registration of Domain Name is not being challenged by a third party and pending dispute resolution in accordance in the Dispute Resolution Policy. Once transfer is completed, the Transferor’s rights and obligations associated with the Domain Name registration shall be transferred to the Transferee. For the avoidance of doubt, the Customer shall not be allowed to assign its rights and obligations by other means or procedures. Any other attempt by the Transferor to assign any of its rights hereunder or any attempt by the Transferor’s creditors to obtain an interest in the Transferor’s rights under this Agreement shall not be recognised by HKDNR and may render the Domain Name registration void at HKDNR's sole discretion.	Transfer of Registration of Domain Names 20. The Customer may transfer the registration of its Domain Name to another party (the "Transferee") in accordance with the provisions set forth in the Rules, provided: (a) the Customer and the Transferee jointly execute a Transfer Form as set out in the Rules; (b) the Transferee: (i) complies with the qualifications set out in Clause 5; (ii) agrees to be bound by the terms and conditions of this Agreement; and (iii) pays the prescribed Fees; and (c) the Customer or the Transferee pays any Fees that are owing and due to HKDNR before the application for the transfer. Once transfer is completed, the Customer's rights and obligations derived from the Domain Name registration shall be transferred to the Transferee. For the avoidance of doubt, the Customer shall not be allowed to assign its rights and obligations by other means or procedures. Any other attempt by the Customer to assign any of its rights hereunder or any attempt by the Customer's creditors to obtain an interest in the Customer's rights under this Agreement shall not be recognised by HKDNR and may render the Domain Name registration voidable at HKDNR's sole discretion.
Removal of Domain Names and Termination of this Agreement 21. The HKDNR shall be entitled to cancel the registration of a Domain Name and to delete such Domain Name from HKDNR's database: (a) upon the written request of the Customer or its Agent in the prescribed form; (b) if the correctly completed application form and the requisite fees for the Domain Name are not received by HKDNR by the respective due dates; (c) pursuant to Clause 28 when an Arbitration Panel has rendered a decision that the registration of the Domain Name be cancelled; (d) in the event that: (i) the Customer has breached any of the terms of this Agreement other than that described in Clause 21(b); (ii) to maintain the registration of the Domain Name will put HKDNR in conflict with any statutory obligations or the terms of a HKSAR court order; (iii) the Customer's registration of the Domain Name is challenged by a third party who has applied to a Dispute Resolution Service Provider (as defined in the Dispute Resolution Policy) for resolution of the dispute and the Customer refuses to submit itself to the arbitration proceedings in accordance with the Dispute Resolution Policy; (iv) in HKDNR's determination, registration and use of the Customer's Domain Name contravene any of the terms and conditions of this Agreement or (v) in HKDNR's determination, fraud had been committed in the registration process for the Domain Name or any information provided by the Customer to HKDNR is false or misleading or any information which HKDNR would likely consider material to its decision to register the Domain Name or to continue to provide the Customer domain name registration services has been concealed or omitted; or (vi) the name servers listed in the application are not fully set up, operational or connected to the Internet within thirty (30) calendar days of the Activation Date or that the name servers persistently do not respond to any queries in relation to the Domain Name. (e) if HKDNR decides in its sole discretion that it is undesirable or unsuitable to maintain the registration of such Domain Name; (f) in the case of .idv.hk Domain Name, upon the death of the Customer.	Removal of Domain Names and Termination of this Agreement 21. The HKDNR shall be entitled to cancel the registration of a Domain Name and to delete such Domain Name from HKDNR's database: (a) upon the written request of the Customer or its Agent in the prescribed form; (b) if the correctly completed application form and the requisite fees for the Domain Name are not received by HKDNR by the respective due dates; (c) pursuant to Clause 28 when an Arbitration Panel has rendered a decision that the registration of the Domain Name be cancelled; (d) in the event that: (i) the Customer has breached any of the terms of this Agreement other than that described in Clause 21(b); (ii) to maintain the registration of the Domain Name will put HKDNR in conflict with any statutory obligations or the terms of a HKSAR court order; (iii) the Customer's registration of the Domain Name is challenged by a third party who has applied to a Dispute Resolution Service Provider (as defined in the Dispute Resolution Policy) for resolution of the dispute and the Customer refuses to submit itself to the arbitration proceedings in accordance with the Dispute Resolution Policy; (iv) in HKDNR's determination, registration and use of the Customer's Domain Name contravene any of the terms and conditions of this Agreement or fraud had been committed in the registration process for the Domain Name or any information provided by the Customer to HKDNR is false or misleading or any information which HKDNR would likely consider material to its decision to register the Domain Name or to continue to provide the Customer domain name registration services has been concealed or omitted; or (v) the name servers listed in the application are not fully set up, operational or connected to the Internet within thirty (30) calendar days of the Activation Date or that the name servers persistently do not respond to any queries in relation to the Domain Name.
22. When any of the events stated in Clause 21(d) occurs, HKDNR shall provide a written notice, describing the reason for the cancellation of registration of the Domain Name to the Customer. If, within thirty (30) calendar days of the date of sending such notice, the Customer fails to provide evidence satisfactory to HKDNR that the reason for cancellation no longer exists or is not justified, or if the reason for cancellation is due to a breach of this Agreement, it has not breached its obligations or that such breach has been remedied, HKDNR shall cancel the Customer's registration of the Domain Name.	22. When any of the events stated in Clause 21(d) occurs, HKDNR shall provide a written notice, describing the reason for the cancellation of registration of the Domain Name to the Customer. If, within thirty (30) calendar days of the date of sending such notice, the Customer fails to provide evidence satisfactory to HKDNR that the reason for cancellation no longer exists or is not justified, or if the reason for cancellation is due to a breach of this Agreement, it has not breached its obligations or that such breach has been remedied, HKDNR shall cancel the Customer's registration of the Domain Name.
23. The cancellation of the Domain Name shall be effective on: (a) for termination pursuant to Clause 21(a), fourteen (14) calendar days after HKDNR has received a written request from the Customer or its Agent in the prescribed form for the cancellation of registration of the Domain Name; (b) for termination pursuant to Clause 21(b), on the day after the due date; (c) for termination pursuant to Clause 22, on the day after the end of the thirty (30) calendar days; (d) for termination pursuant to Clauses 21(c) and 28, on the day after the end of the fourteen (14) calendar days after HKDNR receives notice of such decision; or (e) for termination pursuant to Clause 21(e), on the day after the end of the fourteen (14) calendar days after HKDNR notifies the Customer of HKDNR's exercise of its discretion under Clause 21(e); or (f) for termination pursuant to Clause 21(f), on the day HKDNR has notice of the death of the Customer.	23. The cancellation of the Domain Name shall be effective on: (a) ten (10) business days after HKDNR has received a written request of the Customer or its Agent in the prescribed form for the cancellation of registration of the Domain Name pursuant to Clause 21(a); (b) on the day after the end of the thirty (30) calendar days pursuant to Clause 22; or (c) on the day after the end of the ten (10) business days pursuant to Clauses 21(c) and 28.
24. Registration of Domain Names which are cancelled solely on the ground of Clause 21(b) will become available for re-use after a reasonable suspension period determined by HKDNR. HKDNR shall not register the Domain Names in the name of any other party during this period of suspension and the Customer may make an application to HKDNR during the suspension period to reinstate such Domain Names upon submitting a completed application form and/or paying the outstanding fees and a reinstatement fee. Where no reinstatement is made, registration of such Domain Name is deemed terminated with effect from the day after the due date for the completed Application Form and/or the payment of the requisite Fees. An application by the Customer to reinstate the registration of such Domain Name after the suspension period shall be treated as a fresh application.	24. Registration of Domain Names which are cancelled solely on the ground of Clause 21(b) will become available for re-use after a reasonable suspension period determined by HKDNR. HKDNR shall not register the Domain Names in the name of any other party during this period of suspension and the Customer may make an application to HKDNR during the suspension period to reinstate such Domain Names upon submitting a completed application form and/or paying the outstanding fees and a reinstatement fee. Where no reinstatement is made, registration of such Domain Name is deemed terminated with effect from the date of deletion. An application by the Customer to reinstate the registration of such Domain Name after the suspension period shall be treated as a fresh application.
25. Once the registration of the Domain Name has been cancelled pursuant to Clause 21, it shall be available for registration again after a reasonable black-out period determined by HKDNR.	25. Once the registration of the Domain Name has been cancelled pursuant to Clause 21, it shall be available for registration again after a reasonable black-out period determined by HKDNR.
26. This Agreement shall terminate on the date on which the cancellation of registration of the Domain Name shall be effective (the "Termination Date") pursuant to Clause 23. On the Termination Date, the provisions of this Agreement shall terminate save for Clauses 11, 31, 32, 34, 35 and 36 which shall survive the termination of this Agreement. The Customer acknowledges and agrees that it shall have no claims or recourse whatsoever against HKDNR. For the avoidance of doubt, there shall be no refund to the Customer, whether in whole or in part, of any fees which have been paid to HKDNR prior to the termination of this Agreement.	26. This Agreement shall terminate on the date on which the cancellation of registration of the Domain Name shall be effective (the "Termination Date") pursuant to Clause 23. On the Termination Date, the provisions of this Agreement shall terminate save for Clauses 11, 31, 32, 34, 35 and 36 which shall survive the termination of this Agreement. The Customer acknowledges and agrees that it shall have no claims or recourse whatsoever against HKDNR. For the avoidance of doubt, there shall be no refund to the Customer, whether in whole or in part, of any fees which have been paid to HKDNR prior to the termination of this Agreement.
Dispute Resolution 27. The Customer agrees that if the registration of the Domain Name is challenged by a third party, the dispute will be handled according to the provisions under the Dispute Resolution Policy.	Dispute Resolution 27. The Customer agrees that if the registration of the Domain Name is challenged by a third party, the dispute will be handled according to the provisions under the Dispute Resolution Policy.
28. The Customer acknowledges and agrees that any decision made by an Arbitration Panel duly appointed by a Dispute Resolution Service Provider shall be final and binding on the Customer and that HKDNR shall abide by such decision. If such decision provides that the registration of the Domain Name shall be cancelled, HKDNR shall wait for fourteen (14) calendar days after receiving such decision before taking such action.	28. The Customer acknowledges and agrees that any decision made by an Arbitration Panel duly appointed by a Dispute Resolution Service Provider shall be final and binding on the Customer and that HKDNR shall abide by such decision. If such decision provides that the registration of the Domain Name shall be cancelled, HKDNR shall wait for ten (10) business days after receiving such decision before taking such action.
29. Where the Customer wishes to relinquish the registration of its Domain Name in dispute so as to avoid litigation and to register a new Domain Name, HKDNR may assist the Customer with such application subject to the provisions below and allow the Customer to maintain both Domain Names simultaneously for up to thirty (30) calendar days to allow an orderly transition to the new Domain Name. HKDNR will provide such assistance to the Customer only if the Customer: (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 an identification of the Customer's desired new Domain Name; and (c) provides HKDNR with a copy of the settlement agreement between the Customer and Complainant, which should state specifically that Complainant agrees to the co-existence of the Customer's old Domain Name and the proposed new Domain Name for a thirty (30) day period.	29. Where the Customer wishes to relinquish the registration of its Domain Name in dispute so as to avoid litigation and to register a new Domain Name, HKDNR may assist the Customer with such application subject to the provisions below and allow the Customer to maintain both Domain Names simultaneously for up to thirty (30) calendar days to allow an orderly transition to the new Domain Name. HKDNR will provide such assistance to the Customer only if the Customer: (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 an identification of the Customer's desired new Domain Name; and (c) provides HKDNR with a copy of the settlement agreement between the Customer and Complainant, which should state specifically that Complainant agrees to the co-existence of the Customer's old Domain Name and the proposed new Domain Name for a thirty (30) day period.
Fees 30. HKDNR shall have the right to impose such charges as it deems fit and to amend the fee schedule as stated in the Rules from time to time, provided that HKDNR shall give thirty (30) calendar days notice of such changes to the Customer by posting on HKDNR's website.	Fees 30. HKDNR shall have the right to impose such charges as it deems fit and to amend the fee schedule as stated in the Rules from time to time, provided that HKDNR shall give thirty (30) calendar days notice of such changes to the Customer by posting on HKDNR's website.
Indemnity 31. The Customer hereby agrees to defend, indemnify and hold harmless HKDNR as the registry and a registrar, its 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 HKDNR resulting from any claim, action, or demand arising out of or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon trade mark or service mark infringement, dilution, tortious interference with contract or prospective business advantage, passing off, defamation or injury to business reputation. Each Indemnified Party shall send a written notice to the Customer of any such claim, action, or demand against that Indemnified Party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of the Indemnified Party or other Indemnified Parties. Without prejudice to the foregoing, where the Customer is a Minor, the parent / guardian shall indemnify and hold harmless the Indemnified Parties at all times from and against all actions, proceedings, claims, demands, costs and damages however arising directly or indirectly as a result of any breach or non-performance by the Minor of any of his / her undertakings warranties and obligations owed towards HKDNR. The parent / guardian's liability shall be as a primary obligor.	Indemnity 31. The Customer hereby agrees to defend, indemnify and hold harmless HKDNR as the registry and a registrar, its 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 HKDNR resulting from any claim, action, or demand arising out of or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon trade mark or service mark infringement, dilution, tortious interference with contract or prospective business advantage, passing off, defamation or injury to business reputation. Each Indemnified Party shall send a written notice to the Customer of any such claim, action, or demand against that Indemnified Party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of the Indemnified Party or other Indemnified Parties.
Limitation of Liability 32. HKDNR disclaims any and all loss or liability resulting from, but not limited to: (a) loss or liability resulting from access delays or access interruptions; (b) loss or liability resulting from data non-delivery or data mis-delivery; (c) loss or liability resulting from acts of God; (d) loss or liability resulting from the unauthorized use or misuse of the Customer's Domain Name, password or other security authentication option; (e) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (f) loss or liability that the Customer may incur in connection with the processing of the application for HKDNR's services, HKDNR's processing of the authorized modification to Customer's Domain Name record or the Agents’ failure to pay any fees, including the initial registration fee or renewal fee; or (g) loss or liability as a result of the application of the Dispute Resolution Policy; or (h) loss or liability as a result of the exercise of HKDNR's powers under Rule 17.5 of the Rules.	Limitation of Liability 32. HKDNR disclaims any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of the Customer's Domain Name, password or other security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability that the Customer may incur in connection with the processing of the application for HKDNR's services, HKDNR's processing of the authorized modification to Customer's Domain Name record or the Agents failure to pay any fees, including the initial registration fee or renewal fee; or (7) loss or liability as a result of the application of the Dispute Resolution Policy.
33. The Customer acknowledges and agrees that, by registration of its chosen Domain Name, such registration does not confer immunity from objection to either the registration or use of the Domain Name.	33. The Customer acknowledges and agrees that, by registration of its chosen Domain Name, such registration does not confer immunity from objection to either the registration or use of the Domain Name.
34. HKDNR 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. HKDNR makes no warranty that its service(s) will meet Customer's requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does it make any warranty as to the results that may be obtained from the use of the service(s). The Customer understands and agrees that any material and/or data downloaded or otherwise obtained is done at the Customer's own discretion and risk and that the Customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data.	34. HKDNR 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. HKDNR makes no warranty that its service(s) will meet Customer's requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does it make any warranty as to the results that may be obtained from the use of the service(s). The Customer understands and agrees that any material and/or data downloaded or otherwise obtained is done at the Customer's own discretion and risk and that the Customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data.
35. The Customer acknowledges and agrees that it will 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 or any claim, proceedings, cost, demand, liability or expense howsoever sustained, incurred or paid by the Customer to any party in respect of any of the matters specified in this Agreement.	35. The Customer acknowledges and agrees that it will 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 or any claim, proceedings, cost, demand, liability or expense howsoever sustained, incurred or paid by the Customer to any party in respect of any of the matters specified in this Agreement.
36. The Customer agrees that HKDNR will not be liable for the cancellation and/or loss of use (for whatever reason and whether temporary or otherwise) of the Customer'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 HKDNR has been advised of the possibility of such damages. In no event shall HKDNR's maximum liability under this Agreement exceed 125% of the registration fees paid in respect of a particular period of registration.	36. The Customer agrees that HKDNR will not be liable for the cancellation and/or loss of use (for whatever reason and whether temporary or otherwise) of the Customer'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 HKDNR has been advised of the possibility of such damages. In no event shall HKDNR's maximum liability under this Agreement exceed 125% of the registration fees paid in respect of a particular period of registration.
Modifications 37. The Customer acknowledges and agrees that HKDNR may amend this Agreement, from time to time and that, upon thirty (30) calendar days' posting on HKDNR's website, the Agreement shall be so amended in the manner as indicated and that such amendments are binding upon the Customer.	Modifications 37. The Customer acknowledges and agrees that HKDNR may amend this Agreement, from time to time and that, upon thirty (30) calendar days' posting on HKDNR's website, the Agreement shall be so amended in the manner as indicated and that such amendments are binding upon the Customer.
Assignment 38. The Customer agrees that HKDNR is entitled to assign the rights and obligations or any part thereof under this Agreement but the Customer agrees that it shall not be allowed to assign any rights or obligations under this Agreement except pursuant to Clause 20.	Assignment 38. The Customer agrees that HKDNR is entitled to assign the rights and obligations or any part thereof under this Agreement but the Customer agrees that it shall not be allowed to assign any rights or obligations under this Agreement except pursuant to Clause 20.