Terms Of Use
- HKDNR's API and Service Partner Administration System II -
Important Notice
These Terms of Use will apply when you use HKDNR's API and/or SPAS II (defined
in Clause 1 below). Before using HKDNR's API and/or SPAS II, we ask that
you read these Terms of Use carefully. If you find yourself unable to agree
to these Terms of Use, then you must not use HKDNR's API and / or SPAS II.
By using HKDNR's API and/or SPAS II, 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 expressions have the following meanings:-
"Confidential Information"
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means any information obtained from or through the
Platform including, without limitation, data relating to applicants
and registrants of .hk 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; |
"Domain Name Dispute Resolution
Policy"
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means HKDNR's Domain Name Dispute Resolution Policy; |
| "HKDNR" |
means Hong Kong Domain Name Registration Company Limited; |
| "HKDNR's API" |
means HKDNR's Application Programming Interface; |
| "Platform" |
means HKDNR's API or SPAS II; |
| "Registration Agreement" |
means HKDNR's Domain Name Registration Agreement for .hk Domain
Names; |
| "Rules for .hk Domains and Sub-domains" |
means HKDNR's Rules for .hk Domains and Sub-Domains; and |
"SPAS II"
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means Service Partner Administration System II. |
2. By sending requests to us for Domain Name Administration through
the Platform, you warrant to HKDNR that you are authorized to apply for
all the services detailed in your requests on behalf of your customers,
to legally bind your customers to the terms and conditions of the documents
below and that you have notified your customers that their .hk domain
name registrations will be bound by such documents, namely:
(i) the Registration Agreement;
(ii) the Rules for .hk Domains and Sub-domains;
(iii) the Domain Name Dispute Resolution Policy; and
(iv) any other applicable agreements, rules, policies, Terms and Conditions
and Important Notices.
3. You shall not expressly or impliedly represent and/or cause any misconception
to the public or to applicants or registrants of .hk domain names that
you are the registrar or registry responsible for .hk domain names.
4. 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 Platform to send unsolicited commercial advertising
of any sort via any medium including, without limitation, the telephone, email
or fax; or
b. enable high volume, automated or electronic processes (except legitimate
batch input processes for domain name registration and/or maintenance purposes
on the HKDNR's API) to access HKDNR's computer systems including, without
limitation, the Platform and WHOIS search enquiry service; or
c. compile, repackage, disseminate, disclose to any third party or use the
data obtained from the Platform for any purpose other than obtaining information
about a domain name registration record; or
d. use such data obtained from the Platform to derive an economic benefit for
yourself or any third parties except by applying for or maintaining a .hk domain
name for and on behalf of your customers.
5. You shall treat as confidential at all times all customer data and/or Confidential
Information obtained from the Platform 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 unauthorized 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 unauthorized 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 damages which include,
without limitation, all legal costs and expenses incurred by HKDNR in connection
with the enforcement of these Terms of Use.
6. HKDNR in its sole discretion may terminate or suspend your ability
to access and/or use of the Platform at any time without prior notice
including, without limitation, 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, (iii) breach by you of any of the Registration Agreement,
HKDNR Service Partner Program Terms and Conditions.
7. 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 PLATFORM
OR USE OF THE PLATFORM, NOT LIMITED TO BUT INCLUDING ANY LOSS, DAMAGE
OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION OR INACCURACY
WITH THE PLATFORM, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY
UNAVAILABILITY OF ANY PART OF THE PLATFORM 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 WITHOUT LIMITATION LOSS OF DATA OR COMPATABILITY PROBLEMS),
OR INTERCEPTION OF ON-LINE COMMUNICATION.
HKDNR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY REGARDING THE PLATFORM OR THE MATERIALS AND INFORMATION
CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THE PLATFORM. NO
CLAIMS OR ACTIONS OF LEGAL PROCEEDINGS IN CONNECTION WITH THE USE OF
THIS PLATFORM BY YOU OR ANY THIRD PARTIES AUTHORISED BY YOU TO USE THE
PLATFORM WILL BE ENTERTAINED BY HKDNR.
8. 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 Platform.
9. You shall be held responsible for any losses and damages suffered
by HKDNR arising either directly or indirectly from the use of the Platform
by you, your employees, agents or any person authorised by you. HKDNR
reserves the right to claim, take any actions or legal proceedings for
recovery or compensation as a result.
10. 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 Platform and/or any other person
or entity's use of this service or the Platform where such person
or entity was authorised by you to access and/or use the Platform; 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 Platform; or
(c) any materials you submit, post to, or transmit through the Platform.
11. All reasonable efforts are made by HKDNR to ensure the information
provided on the Platform 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 Platform or that the Platform
will be error free. Information obtained through the Platform may contain
errors including, without limitation, 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
Platform 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 Platform.
12. HKDNR does not guarantee that any e-mails from the Platform will
be sent to you or received by HKDNR nor does HKDNR warrant the privacy
and/or security of e-mails during Internet transmission.
13. HKDNR may use "session cookies" on the Platform.
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 Platform.
14. HKDNR reserves the right to amend these Terms of Use at any time
without prior notice. You shall review the SPAS II regularly in order
to be aware of such amendments.
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.
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