Domain Name Dispute Reolution Policy Statement

This Dispute Resolution Policy Statement (DRPS) is part of SARNic's Service Agreement with registered users of such sub-domain names. It sets out SARNic's policy on
(i) a dispute between a registrant and any third party, and
(ii) the allocation, registration and cancellation of sub-domain names in the SARNic Domain Name Registry.

1. In this document, "we" means SARNic and “our” and “us” shall be interpreted accordingly; "you" means the applicant for the registration of a sub-domain under the hk.com domain or, as the case may be, a registrant where we have registered the sub-domain, and “your” shall be interpreted accordingly; "the Domain Name" means the internet domain name (containing the hk.com domain) which you
(a) apply or have applied to register or, as the case may be,
(b) have registered in our Domain name Registry; "your Application" means your application for the registration of the Domain name and our domain name system. “Third Party Complaint” means a complaint made to us by any party to the effect that such party
(i) has a superior right to register and/or use the Domain Name;
(ii) has or will suffer loss and/or damage as a result of the registration of the Domain Name and the use thereof by or authorised by you and by reason thereof; and
(iii) requests that we cancel the registration of the Domain Name in your name and the use of our services in connection with the Domain Name by or authorised by you. “Third Party Complainant” means a third party making a Third Party Complaint.

2. By submitting your application for the registration of the Domain Name and continuing to use our domain name system services for the Domain Name, you represent and warrant to us that: -
(a) all the information supplied by you in your Application is complete, true and accurate;
(b) the registration of the Domain Name with us will not constitute violation of any applicable laws or regulations and will not amount to breach of any third party's rights including but not limited to intellectual property rights and all similar rights in Hong Kong or elsewhere;
(c) you intend to use the Domain Name on a regular basis on the internet;
(d) you do not intend to and will not use the Domain Name for any unlawful or malicious purposes;
(e) your use of the Domain Name whether as a domain name or otherwise do not and will not give rise to any cause of action including but not limited to trade mark infringement, passing off, defamation or malicious falsehood at the suit of any person or organisation.

3. We have the sole discretion to change any provision of this DRPS upon 30 days’ notice posted at our web site but, if a particular version of the DRPS has already been effective prior to the submission of a Third Party Complaint to us, then that version will apply to you until the dispute is resolved.

4. You acknowledge and confirm that the choice of the Domain Name is solely a matter of your own decision and that we are not responsible for your decision. You shall defend, indemnify and hold us, our directors, officers, executives, employees, consultants, associates, affiliates and agents harmless for any and all loss, damage, expense including without limitation legal costs or any liability resulting from any claim made whether by way of demand, legal action, arbitration or any other dispute resolution arising out of or related to the use or registration of the Domain Name and the provision of services in relation to the Domain Name by or on our behalf. Such claim includes without limitation claims made on the basis of trade mark infringement, passing off, defamation or malicious falsehood.

5. We shall be entitled to forthwith cancel, make changes to or suspend the registration of the Domain Name whether permanently or for a specified period extendable at our sole discretion with or without conditions: -
(a) upon receipt of instructions from you or your authorised agent to effect such cancellation, change or suspension;
(b) if ordered by any Court of competent jurisdiction
(i) to do so and/or
(ii) that the Domain Name rightfully belongs to a Third Party Complainant or any other party;
(c) if there is evidence to our satisfaction that: -
(i) the registration of the Domain Name by you has prevented or will prevent the beneficial owner of a registered trade mark or service mark or its nominee or licensee from using the mark as a domain name;
(ii) you have registered the Domain Name for the purposes of a practice commonly known as “cyber-squatting”, which includes without limitation the registration of a domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to a party whose trade mark, service mark, trade name, company name, or the name of any of that party’s product or service, is the same as or confusingly similar to the Domain Name;
(iii) the registration of the Domain Name by you amounts to or is likely to amount to confusion with another party’s business or any of its trade mark, service mark, trade name, company name, product or service;
(iv) by using the Domain Name, you have attracted or will attract, whether intentionally or not, internet users to your web site or other on-line location by creating confusion or a likelihood of confusion with another party as to the source, association, affiliation or endorsement of your web site or other on-line location, products or services.
(d) if you are in breach of any of your obligations under this DRPS and fail to within 30 days from the date of your receipt of our notice informing you of such breach either
(i) provide satisfactory evidence to us that you have not breached the obligation(s) concerned, or
(ii) remedy such breach.

6. We shall have the sole discretion to reasonably request you to provide us within 30 days after receipt of our request with satisfactory evidence of your rights in and/or to your trade mark and/or trade name rights in relation to the Domain Name, such evidence to include without limitation certified copies of trade mark certificates, business registration records and companies registry records.

7. All disputes between you and any party (including without limitation any Third Party Complainant) other than us regarding any Domain Name shall be resolved between you and such other party through any court, arbitration or other proceeding or dispute resolution procedures that may be available. We do not assume, and hereby disclaim, any and all responsibility for any, or any participation in any way in any, such dispute. You shall not name us as a party or otherwise involve us in any such proceeding. In the event that we are named as a party in any such proceeding, you shall indemnify and hold us harmless against any liability including any liability for legal costs.

8. We reserve the right to make and implement any dispute resolution procedure concerning the use of the Domain Name and any Third Party Complaint as we shall see fit in the future.

Domain Name Dispute Resolution Policy version 1.0 .