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香港法律essay指导 Second level and Commercial Third level This Domain Name Dispute Resolution Policy (the "Dispute Resolution Policy") has been adopted by the Hong Kong Domain Name Registration Company Limited ("HKDNR") and is incorporated by reference into your Domain Name Registration Agreement between HKDNR and you ("Registration Agreement"). This Dispute Resolution Policy sets forth the terms and conditions in connection with a dispute between you and any party other than the HKDNR in regard to the registration and use of a .hk Internet Domain Name (other than a .idv.hk or .個人.hk Domain Name) registered with us by you ("Domain Name"). Disputes in relation to .idv.hk and .個人.hk domain names are governed by the HKDNR Dispute Resolution Policy Individual Domain Names. Proceedings under Paragraph 4 of this Dispute Resolution Policy will be conducted according to the HKDNR Domain Name Dispute Resolution Policy Rules of Procedure (the "Rules of Procedure"), see Appendix A and the selected Arbitration Dispute Resolution Service Provider's Supplemental Rules ("the Supplemental Rules"). By applying to register a Domain Name, or by asking us to maintain or renew a Domain Name registration, you represent and warrant to us that: (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to the best of your knowledge and belief, the Domain Name you are applying for will not infringe or otherwise violate the legal rights of any third party; (c) you intend to use the Domain Name; (d) your use of the Domain Name shall be bona fide for your own benefit and shall be for lawful purposes; (e) you will not knowingly use the Domain Name in violation of any applicable laws and regulations; (f) all information you or your Agent provides to us, including further additions or alterations to such information, is true and accurate; and (g) in the event that you receive notification of any claim, action or demand arising out of or related to the registration or use of the Domain Name, you will immediately send us a written notice notifying us of such claim, action or demand. It is your responsibility to determine whether your Domain Name registration infringes or violates someone else's rights. 3. Cancellations, Transfers and Changes We will cancel, transfer or otherwise make changes to Domain Names in accordance with clauses 11 and 12.1 of the Registration Agreement. 4. Mandatory Arbitration Proceeding This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory arbitration proceeding. These proceedings will be conducted before one of the Dispute Resolution Service Providers approved by us (each, a "Provider"). a. Applicable Disputes. You are 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: b. 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: 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 your rights or legitimate interests to the Domain Name for purposes of Paragraph 4(a)(ii): e. Initiation of arbitration proceeding and process and appointment of Arbitration Panel. f. Fees. All fees charged by a Provider in connection with any dispute before an Arbitration Panel pursuant to this Dispute Resolution Policy shall be paid by the Complainant, except in cases where you elect to expand the Arbitration Panel from one to three Panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure and in the Provider's Supplemental Rules, in which case all fees will be split evenly by you 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. g. Our Involvement in Arbitration Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Arbitration Panel. In addition, we will not be liable as a result of any decisions rendered by an Arbitration Panel. h. Remedies. The remedies available to a Complainant pursuant to any proceeding before an Arbitration Panel shall be limited to requiring the cancellation of your Domain Name or the transfer of your Domain Name registration to the Complainant. i. Notification and Publication. The Provider shall notify us of any decision made by an Arbitration Panel with respect to a Domain Name you have registered with us. All decisions under this Dispute Resolution Policy, the Rules of Procedure and the Provider's Supplemental Rules will be final and binding and including without limitation publication in full on the Internet or 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 us to register, maintain or renew a Domain Name registration, you agree that a decision by an Arbitration Panel in which you are a Respondent may be made public and may be posted on the website of the HKDNR and or the Provider which appointed the Arbitration Panel in question. j. Results of an Arbitration Panel's Decision. 5. Our Involvement in Disputes We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your Domain Name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.#p#分页标题#e# 6. Maintaining the Status Quo We will not cancel, transfer, activate, deactivate, or otherwise change the status of any Domain Name registration under this Dispute Resolution Policy except as provided in Paragraphs 3 and 4 above. 7. Transfers During a Dispute to a new holder 香港法律essay指导You may not transfer your 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 your 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. We reserve the right to cancel any transfer of a Domain Name registration to another holder that is made in violation of this subparagraph. 8. Policy Modifications We reserve the right to amend this Dispute Resolution Policy at any time. Each time we amend the Dispute Resolution Policy we will publish the amended version of the Dispute Resolution Policy in advance (where practicable, 14 calendar days in advance) on our web site: http://www.hkdnr.hk. Each amended version of the Dispute Resolution Policy will become binding and effective on you and us on the effective date specified at the top of the amended version, and will replace all previous versions of the Dispute Resolution Policy. You should review our web site regularly in order to be aware of all such amendments. If this Dispute Resolution Policy has been invoked in the submission of a Complaint to a Provider, the version of the Dispute Resolution Policy in effect at the time it was invoked will apply to that submission until the arbitration proceeding is over. In the event that you object to a change in this Dispute Resolution Policy, your sole remedy is to cancel your Domain Name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The Dispute Resolution Policy, as modified, will apply to you until you cancel your Domain Name registration. 9. Miscellaneous 香港法律essay指导In this Dispute Resolution Policy: (a) Words importing the singular number only shall include the plural and the converse shall also apply. (b) Words importing the masculine gender shall include the feminine gender and the converse shall also apply. |
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