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REGISTRATION AGREEMENT Last Modified : 16th August, 2022
This Registration Agreement ("Agreement") sets forth the terms and conditions which govern the registration of a domain name and the relationship between the Registrar and the Registrant (as hereinafter defined) in relation thereto. Registrants are advised to read this Agreement carefully and take note of the contents thereto. This Agreement is to be read together with the Registrar's applicable rules, regulations, policies and procedures ("Registrar Policies") which may be in force and which may be amended and supplemented by the Registrar from time to time. By signing or checking the consent box at the end of this Agreement, the Registrant acknowledges that the Registrant has read, understood, accepted and agrees to be bound by all the terms and conditions of this Agreement and the applicable Registrar Policies as may be amended and supplemented by the Registrar from time to time. THIS AGREEMENT is made on the date of the Order Confirmation Form (“the Order Form”) BETWEEN: - UDOMAIN WEB HOSTING COMPANY LTD., a company incorporated in Hong Kong whose registered office is situate at 18/F, Kinox Centre, 9 Hung To Road, Kwun Tong, Kowloon, Hong Kong (“The Registrar”); and The Domain Name Owner or Company Name (“The Registrant”) as provided in the Order Form and its address is at the address provided in the Order Form. WHEREAS:- The Registrar is a service partner of Hong Kong Domain Name Registration Company Limited (“HKDNR”) which is the registry administrator of domain names under .hk country code top level domain. The Registrar is a premier partner of Web Commerce Communications Limited (formerly known as WEBCC Limited) (“WEBCC”) through which UDOMAIN provides the service of registration of the domain names including, inter alias, .com .net .org .cc .biz and .info. The Registrant has agreed to register, renew and/or transfer a domain name (“Registrant ’s Domain Name”) as provided in the Order Form through the Registrar. NOW IT IS AGREED as follows:
Definitions and identities of Operators and Providers The following are the definitions of various terms used in this Agreement: "ccTLDs" means Country Code Top Level Domains; "Dispute Policy" means the applicable ICANN Uniform Dispute Registration Policy as may be changed or amended from time to time; "gTLDs" means Generic Top Level Domains; "ICANN" means the Internet Corporation for Assigned Names and Numbers having its website at www.icann.org; "Reseller" has the meaning assigned to it in Clause 17.1; "Registrant" means a person who has submitted an application to register a domain name through the Registrar and/or a Reseller, subject to the Registrar's approval; "Registrar" means UDomain Web Hosting Company Limited, a HKIRC accredited domain registrar; "Registration Fee" means the fees payable by the Registrant upon submission of the Registrant's application to the Registrar and/or a Reseller for the registration of a domain name "Registry and Domain Provider(s)" means the various operator(s) and domain provider(s) which manage the respective Top Level Domains offered by the Registrar “Services” means the service(s) of registration of the Registrant’s Domain Name, application for transfer of the registration of the Registrant’s Domain Name and renewal of the registration of the Registrant’s Domain Name provided by the Registrar itself or as offered through WEBCC or other registration service providers (“RSP”) and such service(s) which is/are chosen by the Registrant and set out in the Order Form. Registry Operators: Verisign, Inc operates the ".com" and ".net" gTLDs offered by the Registrar; and Public Interest Registry operates the ".org" gTLD offered by the Registrar; and NeuLevel, Inc and NeuStar International Services, Inc operates the ".biz" gTLD, the ".us" ccTLD and the ".cn" ccTLD offered by the Registrar; and Afilias Limited operates the ".info" gTLD offered by the Registrar; and Global Name Registry, Ltd operates the ".name" gTLD offered by the Registrar; and mTLD Mobile Top Level Domain, Ltd operates the ".mobi" gTLD offered by the Registrar; and Tralliance Corporation operates the ".travel" gTLD offered by the Registrar; and DotAsia Organisation Limited operates the ".asia" gTLD offered by the Registrar; and Telnic Limited operates the ".tel" gTLD offered by the Registrar; and Centralnic operates ".br.com", ".cn.com", ".gb.net", ".uk.com",".uk.net",".uy.com", ".hu.com", ".no.com", ".ru.com",".sa.com", ".se.com", ".se.net", ".za.com", ".jpn.com", ".eu.com", ".gb.com", ".us.com", ".qc.com", ".de.com", ".ae.org", ".kr.com", ".ar.com" offered by REGISTRAR,and ANTIC, (l'Agence Nationale des Technologies de l'Information et de la Communication) operates ".cm" ccTLD offered by REGISTRAR, and Congo Internet Management operates the ".cd" ccTLD offered by the Registrar; and DoMEn d.o.o. operates ".me" ccTLD offered by REGISTRAR, and DotPH Domains, Inc operates the ".ph" ccTLD offered by the Registrar; and EURid operates the ".eu" ccTLD offered by the Registrar; and GAA International Limited is the accredited registrar of the ".la" ccTLD offered by the Registrar; and GMO Registry, Inc. operates the ".so" ccTLD offered by Registrar; and Hong Kong Internet Registration Corporation Limited operates the ".hk" ccTLD offered by the Registrar; and LK Domain Registry operates the ".lk" ccTLD offered by Registrar MYNIC Berhad operates the ".my" ccTLD offered by the Registrar; and Network Information Center Mexico, S.C. operated ".mx" ccTLD offered by REGISTRAR; and NIXI as the ".in" ccTLD accredited registrar offered by REGISTRAR, and PKNIC is the accredited registrar of the ".pk" ccTLD offered by the Registrar, and Singapore Network Information Centre ("SGNIC") Private Limited operates the ".sg" ccTLD offered by the Registrar; and Taiwan Network Information Center ("TWNIC") is the accredited registrar of the ".tw" ccTLD and ".台灣" ccTLD offered by the Registrar; and T.H.NIC Co., Ltd. is the accredited registrar of the ".th" ccTLD offered by the Registrar; and Verisign Naming and Directory Services, Inc operates the ".cc" and ".tv" ccTLDs offered by the Registrar; and Vietnam Internet Network Information Center ("VNNIC") operates the ".vn" ccTLD offered by the Registrar. Domain Providers: Central Comercializadora de Internet SAS is the accredited registrar of the ".co" ccTLD offered by the Registrar. CoDNS, B.V. is the accredited registrar of the ".co.no" and ".co.nl" ccTLDs offered by the Registrar; and Distribute.IT Pty Ltd is the accredited registrar of the ".au" and ".nz" ccTLDs offered by the Registrar; and Gabia Inc.is the accredited registrar of the ".kr" ccTLD offered by the Registrar; and Key-Systems GmbH is the accredited registrar of the ".de", ".it", ".li" and ".uk" ccTLDs offered by the Registrar; and Solis KK is the accredited registrar of the ".jp" ccTLD offered by the Registrar; and Web works is the accredited registrar of the ".in" ccTLD offered by the Registrar, and Services The Registrar provides various ccTLDs and gTLDs domain name registration services. Application Applications for the registration of domain names shall be made in the form and manner as may be prescribed by the Registrar from time to time. Registrants are required to fill up the relevant application form and provide the necessary details and information required for the application. The Registrant acknowledges that the registration of domain names is on a "first come, first served" basis. The Registrar reserves the right, at its sole discretion, to reject or refuse any application. Fees In consideration of the provision of the Services by the Registrar, the Registrant shall pay to the Registrar the Registration Fees applicable as at the time of submission of the Registrant's application for the registration of a domain name, or any other fees and/or charges payable in connection with the domain name registration. The Registrar may appoint its Resellers to facilitate the collection of the relevant Registration Fees on behalf of the Registrar. The Registration Fees shall be paid in the form and manner and in accordance with the terms set out in the Fee Schedule. The domain name registration will not be effected until the necessary payments have been made by the Registrant and until such payments have been received by the Registrar. The Registrant acknowledges that any and all payments made to the Registrar in connection with the registration of a domain name are non- refundable. The Registrant’s Domain Name will not be registered or transferred or renewed, unless and until the Registrar receives full payment of the Fee. The Registrant agrees that in the event payment is not made within the time stipulated in the Fee Schedule, the Registrar shall be entitled to reject or refuse any application submitted by the Registrant and/or suspend, delete or release the proposed or desired domain name of the Registrant or carry out any such other action deemed appropriate by the Registrar. Any additional costs incurred by the Registrar in carrying out any such actions shall be borne by the Registrant. If and whenever the Registrant fails to pay the Fee for renewal of the registration of the Registrant’s Domain Name on or before the due date, the registration of the Registrant’s Domain Name will be subject to cancellation. The Registrant agrees and acknowledges that Registrar shall have no obligation to renew the registration of the Registrant’s Domain Name if the Registrant fails to pay the Fee in full for renewal of the registration of the Registrant’s Domain Name and the Registrar shall not be liable for any loss the Registrant may suffer as a result of the cancellation of the registration of the Registrant’s Domain Name. The Registrar and/or a Reseller shall be entitled to impose late payment interest of 8% per annum calculated at daily rests, on any fees and/or charges due from the Registrant that remain unsettled fourteen (14) days from the date at which the said fee and/or charge became due and payable. The Registrar reserves the right to revise the Fee, to charge the Registrant surcharges or other fees at any time, for any reason, at its sole discretion. Information The Registrant must provide the Registrar with the information set out in the compulsory fields of the Application Form prescribed by the Registrar and any other information reasonably required by the Registrar and has the option to provide the information set out in the discretionary fields of the Application Form ("Registrant Information"). The Registrant shall ensure that: the Registrant Information is true, accurate, complete, current and reliable; and the Registrant shall maintain, update and keep the Registrant Information true, accurate,complete, current and reliable at all times, whether before or after the approval of the application. The Registrar reserves the right to reject, refuse, cancel and/or delete any application if it is found that: the Registrant Information provided by the Registrant is false, inaccurate, incomplete, unreliable or misleading; or the Registrant fails to maintain, update, and keep the Registrant Information true, accurate, complete, current and reliable at all times; or the Registrant fails to respond satisfactorily to enquiries made by the Registrar concerning any of the Registrant Information submitted within fifteen (15) calendar days from the date of enquiry. The Registrant acknowledges and agrees that failure to comply with this Clause 5 constitutes a material of this Agreement and the Registrar shall be entitled to terminate this Agreement and suspend, cancel or delete the Registrant's domain name immediately upon such breach without any refund of any fees paid without notice to the Registrant. The Registrant may access the data provided and rectify any incorrect data relating to the Registrant through the domain registration management tool provided by the Registrar. The Registrant warrant that it has the authority to provide any information relating to a third party(ies) and has obtained the consent of such parties for the information to be utilised by the Registrar. Use And Disclosure of Information The Registrant concedes and acknowledges that the Registrar may make directly available to third parties, or publicly available, some or all of the Application Information, for inspection (through the Registrar's WHOIS service) or otherwise as required or permitted by applicable laws or policies. The Registrant hereby consents to any and/or all such disclosures and use of the Registrant Information provided by the Registrant in connection with the registration of the domain name (including any updates to such information), whether during the subsistence or after the term of this Agreement. The Registrant specifically consents to the use of the Registration Information or any other information collected by the Registrar on the Registrant to be: the Registrant Information is true, accurate, complete, current and reliable; and made publicly available as may be required by ICANN, the Registry and Domain Provider(s) or any other relevant bodies; inserted in registers and data bases produced by the Registrar or its relevant authorised agents. The Registrant acknowledges and agrees that the Registrar shall comply with any lawful request, warrant or order by or from any competent judicial authority or law enforcement agency to disclose, furnish or produce Registration Information or in relation to the Registrant’s use of the Registrar’s Services. For the avoidance of doubt, the Registrar shall have no obligation to notify the Registrant regarding its compliance with such request, warrant or order. The Registrant hereby irrevocably releases the Registrar from any claims and causes of action which may arise from any such disclosure or from the use of the Registrant Information. The Registrar shall not be liable to the Registrant or to any third party with respect to any loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of the Registrant Information. Term And Renewal and Redemption Period The Registrant shall continue to be bound by this Agreement, and/or any other agreement as may be applicable from time to time, as long as the provision of the Services [term of the Registrant's domain name registration] is still subsisting. The initial term of the domain name registration will be notified by the Registrar to the Registrant during the initial registration process ("Initial Term"). Upon expiry of the Initial Term, the Registrant may renew the term of registration to keep the right to use the domain name. The Registrant acknowledges that it is its own obligation to renew the registration of the Registrant’s Domain Name annually. The Registrar may, but is not obligated, to notify the Registrant no less than thirty (30) days prior to the date when the Fee for renewal of the registration of the Registrant’s Domain Name is due. The Registrant may submit its renewal request before the expiration of a term or within the period ("Renewal Grace Period"), together with the relevant fees, where applicable. The details of which can be found here. The Registrant will then have the right to enter into a new agreement with the Registrar on the same terms and conditions that the Registrar is offering to new domain name registrants at that point in time. Expiry of domain names Immediately after the expiration of the term of domain name registration and before deletion of the domain name in the applicable Registry and Domain Provider(s)'s database, the Registrant acknowledges that the Registrar may direct the domain name to name-servers and IP address(es) designated by the Registrar, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and the Registrant acknowledges that the Registrar may either leave the Registrant's WHOIS information intact or that the Registrar may change the contact information in the WHOIS output for the expired domain name so that the Registrant is no longer listed as the registrant of the expired domain name. Reactivation of domain names For a period of approximately thirty (30) days after expiry of the term of the domain name registration, the Registrant acknowledges that the Registrar may provide a procedure by which expired domain name registration services may be reactivated. The Registrant acknowledges and agrees that the Registrar may, but are not obligated to offer this process, called the "reactivation period". The Registrant acknowledges that it shall assume all risks and all consequences if the Registrant waits until or after the expiration of the Initial Term to attempt to renew the registration of the domain name. The Registrant acknowledges that the Registrar, for any reason and in its sole discretion, may choose not to offer a reactivation period and that shall not be liable therefore. The Registrant acknowledges that utilization of the reactivation process, if any, may involve additional fees. The Registrant acknowledges and agrees that the Registrar may make available the expired domain name(s) to third parties, and may auction off the rights to expired domain name(s) (the auction beginning close to the end or after the end of the reactivation period), and/or the expired domain name(s) may be re-registered by any party at any time. After the re-activation period, the Registrant agrees that the Registrar may either (A) discontinue the domain name registration services at any time thereafter; (B) continue to provide for the registration services and re-activate the domain name; or (C) if the domain name is auctioned off to a third party, the Registrar may transfer the domain name to such third party. Redemption Period: This provision applies to any deletion of a domain name, whether inside or outside of any applicable grace period). Any such deletion will result in a deleted name redemption grace period ("Redemption Period"), the details of which can be found here. This grace period will allow the Registrant, the Registrar, and/or the Registry and Domain Provider(s) to detect and correct any mistaken deletion. During the Redemption Period, the deleted domain name will be placed on a "Redemption Period" status which effectively means that the name will be removed from the zone and the domain name will stop working and would appear offline. The Registrant can redeem its domain name during the Redemption Period, subject to payment of the "Redemption Fees" set out in Table A of Schedule 1. A party requesting for redemption is required to provide sufficient identification as may be directed by the Registrar for verification purposes. In the event the Registrant fails to redeem the domain name upon expiry of the Redemption Period, the Registry and Domain Provider(s), on the instructions of the Registrar, shall be entitled to delete the domain name and/or transfer the domain name to a third party. Transfer of Domain Names The Registrant may transfer its domain name during or before the Renewal Grace Period subject to the Registrar's Domain Name Transfer Policy as may be amended and supplemented by the Registrar from time to time. During the registration, renewal or transfer process, name servers will be requested by the Registrar while the domain name is being registered, renewed or transferred. If a name server is not provided by the Registrant during the registration process, the domain name will be redirected to a page displaying the "Under Construction" sign; and at the expiry of the Initial Term and prior to renewal, the domain name will be redirected to a page displaying the "Domain Expired" sign ("Parked Domain"). Such a redirection page(s) may contain advertisements and the Registrant acknowledges that the Registrar is not responsible and shall not be held accountable for any such advertisement(s). By entering into this Agreement, the Registrant agrees that the Registrar is entitled to redirect the domain name to a Parked Domain and its associated contents in these situations at no cost to the Registrant. Transfer of Domain Names The Registrant represents and warrants that at the time of application and at all times thereafter: the desired domain name does not infringe any registered or unregistered trademark or any other intellectual property rights or any other rights of any third party; the use of the domain name shall be for legal and lawful purposes and is subject to the terms and conditions of this Agreement and any other relevant rules and policies which may be amended by the Registrar from time to time and in accordance with national and international laws and regulations; the Registrant Information and any other information submitted and/or provided is complete, true and accurate and the Registrant will keep the Registrant Information updated at all times; and the domain name applied for is valid and is in compliance with all relevant applicable laws. The Registrar represents and warrants that: it has been appointed, authorised and/or accredited by the respective Registry and Domain Provider(s) to provide the Services; and it has the authority and legal capacity to enter into this Agreement. The Registrar expressly disclaims all other warranties of any kind or nature, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and against infringement. The Registrar does not guarantee any information provided to the Registrant by it or its agents not incorporated into this Agreement, and accordingly, no such information creates any express or implied warranty. The Registrar's services are provided on an "as it" and "as available" basis. The Registrar does not guarantee that the Registrant can register the Registrant’s Domain Name even if an inquiry indicates that such Domain Name is available. The Registrant agrees and acknowledges that the Registrar does not have obligation to check whether the Registrant’s Domain Name or the use of the Registrant’s Domain Name infringes legal rights of others. The Registrant hereby undertakes to investigate whether the Registrant’s Domain Name or its use infringes legal rights of others. The Registrant agrees and acknowledges that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by RSP or the registry administrator arising out of or related to the provision of the Services by Registrar. Use of Domain Name Upon the effective date of registration, the Registrant shall be entitled to exclusive use of the domain name registered in the Registrant's name. The Registrant agrees and undertakes that it will not use, display, exploit or use the domain name in such a way which: is illegal or is in violation of any applicable laws or policies; infringes any Intellectual Property Rights; impersonates or falsely states or otherwise misrepresent the Registrant’s identity or affiliation with any person or entity; is defamatory, libellous, unlawfully threatening, politically sensitive or harassing; promotes hatred, violence, intolerance based on race, age, gender identity, ethnicity, religion, sexual orientation, national origin, against any individual, group or other organization; is likely to endanger national security or likely to cause the occurrence of an offence endangering national security; is obscene, pornographic or indecent; contains any Viruses, malware or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information; jeopardize the Registrar’s services, technology infrastructure or ability to operate; The Registrant undertakes not to be engaged in the following activities: Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request for such material (spam). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have expressly requested for it. Harassment, whether through language, frequency, or size of messages. Creating or forwarding "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type, whether or not the recipient wishes to receive such messages. Malicious e-mail, including, but not limited to, flooding a user or site with very large or numerous pieces of e-mail. Unauthorized use, or forging, of mail header information (i.e., spoofing). The Registrant's use of the domain name shall also be in compliant with the Registrar's Acceptable Use Policy and all other applicable policies, introduced and revised by the Registrar from time to time. The Registrant acknowledges that a breach of this Clause 10 will constitute a material breach of this Agreement and the Registrar shall be entitled to terminate this Agreement immediately upon such breach without having to refund any of the fees paid by the Registrant to the Registrar. The Registrant acknowledges and agrees that the Registrar shall comply with any lawful request, warrant or order by or from any competent judicial authority or law enforcement agency to restrict or cease access by any person to the Registrant’s Domain Name. For the avoidance of doubt, the Registrar shall have no obligation to notify the Registrant regarding its compliance with such request, warrant or order. Policies The Registrant agrees to be bound by all of the Registrar Policies and the rules and regulations and policies of the Registry and Domain Provider(s) in relation to the Services, set forth or introduced from time to time by the relevant RSP and domain name registry administrators including HKIRC. (HKIRC is a non-profit-making and non-statutory corporation designated by the Hong-Kong Government to administer the registration of Internet domain names under .hk and . 香港 country- code top-level domains.) In the event of dispute arising due to the Registrant's registration and/or use of a domain name, the Registrant agrees to be bound by the applicable ICANN Uniform Dispute Registration Policy (which is available on the ICANN website: http://www.icann.org/en/udrp/) at the time of dispute. The ICANN Uniform Dispute Registration Policy is incorporated herein and shall form part of this Agreement. Breach of Agreement or Policies Failure of the Registrant to abide by any provision of this Agreement or any Registrar and/or Registry and Domain Provider(s) policy shall constitute a material breach. In the event of a material breach, the Registrar may provide the Registrant with a written notice describing any such breach and the Registrant shall have seven (7) days to remedy the said breach. If the breach is not remedied by the Registrant to the Registrar's satisfaction within the time limit stipulated, the Registrar shall be entitled to suspend, cancel, transfer modify, or delete the Registrant's domain name without further notice or cancel the Registrant's domain name registration without providing a refund of any amount. Notwithstanding the above, the Registrar reserves the right to pursue any legal remedies it may have against the Registrant. Dispute Resolution The Registrant acknowledges that the Registrar cannot, and does not, screen or otherwise review domain name applications to verify that the Registrant's right to use a particular word or term used in the domain name. In the event a party disputes the Registrant's legal right to use, display or register the domain name in a fashion or manner, the Registrar and Registrant shall act in accordance with the ICANN Uniform Dispute Policy (as set out in Clause 11.2 above). Registrants are encouraged to familiarise themselves with the policy. If the Registrar is notified of a complaint filed with a judicial or administrative body regarding the Registrant's use of a domain name ("Disputed Domain"), the Registrant agrees not to make any changes to the Disputed Domain's records without the Registrar's prior approval. The Registrar reserves the right not to allow the Registrant to make any changes to such Disputed Domain's records until and unless: the Registrar is directed to do so by the judicial or administrative body concerned; or the Registrar receives notification from the Registrant and the other party contesting the Registrant's registration and use of the Disputed Domain that the dispute has been settled. In the event of dispute between the Registrant and a third party, the Registrar does not and will not get involved in a proceeding and the Registrant agrees that the Registrar will not be responsible or liable for any damages or losses which the Registrant or any third party may suffer as a direct or indirect result of any act, omission or negligence on the Registrar's part or that of the judicial or administrative body. The Registrant is strongly encouraged to, prior to applying for registration of a domain name, perform a trademark search with respect to the words and/or phrases comprising the domain name. The Registrant will be solely liable in the event the Registrant's use of a domain name constitutes an infringement or other violation of a third party's rights. If the Registrar is named as a party to any legal proceedings commenced by the Registrant or a third party in connection with the Registrant's registration and/or use of a domain name, the Registrar shall be entitled to suspend the operational status of the domain name pending the outcome of the dispute resolution. In any such event, the Registrar reserves the right to raise any and all defences deemed appropriate. Indemnity The Registrant hereby agrees to defend, indemnify, and hold harmless the Registrar, the Registry, RSP, and Domain Provider(s), their officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, Resellers and attorneys ("Indemnified Parties") from and against all claims made by third parties or the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, legal expenses and any other expenses of any nature whatsoever sustained, incurred, paid by or suffered by each Indemnified Party resulting from or in connection with any claim, action or demand relating to or arising under this Agreement, or relating to the registration or use of the domain name. The Indemnified Parties shall give written notice to the Registrant of any such claim, action or demand within a reasonable period. Limitation of Liability The Registrant undertakes that it will not seek to recover and shall not be entitled to recover from the Registrar and/or the Registry and Domain Provider(s) or to be indemnified by the Registrar and/or the Registry and Domain Provider(s) against any direct, indirect or consequential loss or damage or any claim, proceeding, cost, demand, liability or expense whatsoever and howsoever sustained, incurred or paid by the Registrant to any party in respect of any of the matters and/or the exercise of the Registrar’s rights specified in this Agreement. The Registrant agrees that the Registrar will not be liable for any indirect, special, incidental, punitive or consequential damages of any kind, including but not limited to (i) cancellation, suspension or loss of the registration of the Customer’s Domain Name; (ii) use of the Customer’s Domain Name; (iii) interruption of the Customer’s business; (iv) access delays or access interruptions to the website(s) identified by the Customer’s Domain Name; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond UDOMAIN’s reasonable control; and (vii) application of the Dispute Policy, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if the Registrar has been advised of the possibility of such damages. In any event, the Registrar shall only be liable to refund to the Registrant the whole or part of the Registration Fee or Renewal Fee (whichever is applicable) paid by the Registrant to the Registrar. In no event shall the Registrar’s maximum liability under this Agreement exceed any amount paid by the Registrant to the Registrar during the twelve (12) months period before the event giving rise to the liability. Notices Unless stated otherwise in this Agreement, any notice in relation to the Agreement hereunder shall be deemed to be served if delivered by hand, sent by registered post, fax or electronic mail (e-mail); to the party to whom it is given at its last known postal address, fax number or e-mail address. The notice will be deemed served if: delivered by hand, upon written acknowledgment of receipt by the receiving party or its duly authorised employee, representative or agent; or sent by registered post, on the seventh (7th) day after posting; or sent by fax or e-mail, upon the transmitting equipment confirming dispatch of the notice as evidenced by the records of the transmitting equipment. Resellers The Registrar may appoint certain partners to carry out and/or provide certain services contained in this Agreement ("Resellers") including but not limited to the facilitation of registration of Registrants and where applicable, the collection of the relevant Registration Fees on behalf of the Registrar. Whilst every care is taken to ensure the quality of services provided by the Resellers, the Registrar shall not be held responsible for any representations, acts or omissions on the part of the Reseller that is inconsistent with the provisions of this Agreement. Registrants subscribing for the Services through a Reseller of the Registrar shall be bound by the terms and conditions of this Agreement as if it was entered into between the Registrar and the Registrant directly. For the avoidance of doubt, this Agreement shall prevail in the event a conflict arises from any arrangement entered into between the Registrant and the Reseller. Notwithstanding thereto, the Registrant agrees that any complaints and/or support which the Registrant may have and/or require in relation to the services provided by the Resellers shall be directed to the respective Resellers save and except for complaints and/or support of a technical nature directly related to the Services being provided by the Registrar, which shall still be resolved by the Registrar. Additional Registry Requirements By signing this Agreement, the Registrant agrees to be bound by the applicable terms and conditions, rules and regulations and the policies of the relevant Registry and Domain Provider(s), which can be found as follows: .ASIA at http://www.dotasia.org/policies.html .AU at http://www.auda.org.au/policies/current-policies/ https://www.tppwholesale.com.au/legals/ .BIZ at https://itp.cdn.icann.org/en/files/registry-agreements/biz/biz-agmt-html-30jun19-en.htm .CC at https://www.verisign.com/en_US/domain-names/cc-domain-names/index.xhtml .CD at https://www.marcaria.com/ws/en/register/domains/bulk-domain-registration-cd?gclid=EAIaIQobChMImava46vq9gIVZZ_CCh1Q7wTBEAAYASAAEgLkSfD_BwE .CM at https://www.marcaria.com/ws/en/domains/cameroon-domain-registration-cm .CN at https://beian.miit.gov.cn/#/Integrated/lawStatute .CO at http://www.cointernet.co/domain/policies-procedures .COM at https://www.icann.org/en/registry-agreements/com/com-registry-agreement-1-12-2012-en .DE at http://www.denic.de, https://www.denic.de/en/domains/de-domains/domain-terms-and-conditions/ .EU at http://www.eurid.eu/ .HK and .香港 at https://www.hkirc.hk/upload/page/38/pdf_1/5e6b172e68b29.pdf https://www.hkirc.hk/domain_policies/EN_Domain_Name_Acceptable_Use_Policy.pdf Please refer to Annex 1 for HK Registration Agreement – Mandatory Provision .IN at https://www.registry.in/about/terms-policy .KR at http://www.domain.kr/eng/about/about02.jsp .LA at http://www.la/dispute .LI at http://www.switch.ch .ME at http://www.domain.me .MX at https://www.nicmexico.mx/ .MY at https://mynic.my/resources/#policies .NAME at https://www.icann.org/en/registry-agreements/name/name-registry-agreement-1-12-2012-en .NET at https://www.icann.org/en/registry-agreements/details/net?section=agreement .NZ at https://companies-register.companiesoffice.govt.nz/ .ORG at https://www.icann.org/en/registry-agreements/details/org?section=agreement .PH at https://www.dot.ph/ .PK at https://pknic.net.pk/policy.html .SG at https://sgnic.sg/policies-agreements/revised-policy-documents.TEL at https://www.icann.org/en/registry-agreements/details/tel?section=agreement .TH at https://www.thnic.co.th/index.php?page=policy .TRAVEL at https://www.icann.org/en/registry-agreements/details/travel?section=agreement .TV at http://www.verisign.com/ .TW,.台灣 at https://www.twnic.tw/dnservice_announce_announce.php .UK at http://www.nic.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html, http://www.nominet.org.uk, http://www.nominet.org.uk/disputes/drs/policy/ .US at http://www.neustar.us/policies/index.html .VN at https://vnnic.vn/en/registrar/registrars-system Governing Law and Jurisdiction Except as otherwise set forth in the Dispute Policy, this Agreement and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the laws of Hong Kong. The parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement and for the purpose of enforcement of any judgment against their respective assets. Relationship of the Parties Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute, or be deemed to constitute, the parties a partnership, association, joint venture, the agents of each other or any other co-operative entity. Miscellaneous Severability: If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue to be in full force and effect as nearly as possible to reflect the original intention of the Registrar and the Registrant in executing this Agreement. No Waiver: The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be deemed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. Sub-Contracts: The Registrar may sub-contract, all or any part of its obligations to provide the Services under this Agreement without further notification to the Registrant. Full Integration: This Agreement, together with the Registrar Policies, is expressly incorporated herein and constitutes the entire agreement between the Registrant and the Registrar relating to the domain name. This Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registrar relating to the domain name. Written Agreement: This Agreement constitutes a written agreement between the Registrant and the Registrar notwithstanding the underlying Agreement being dispatched electronically; and acceptance of this Agreement is made electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Force Majeure: The Registrant acknowledges and agrees that under any circumstances, the Registrar shall not be liable to the Registrant for failures or delays in performing the Registrar's obligations hereunder arising from any cause beyond the Registrar's reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods. In the event of any such delay, the time for the Registrar's performance shall be extended for a period equal to the time lost by reason of the delay, which shall be remedied with all due dispatch in the circumstances. Any party shall give the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance. Language: In the event the Registrant is reading this Agreement or if this Agreement is translated into a language other than the English language, the Registrant acknowledges and agrees that the English version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation. Modifications / Amendments: The Registrant agrees and acknowledges that the domain name system and the practice of registering and administering domain names are subject to changes by the relevant RSP or domain name registry administrators. The Registrar reserves the rights to modify and amend this Agreement, any rules and regulations and policies, including the quantum of fees payable to the Registrar, from time to time. Such modifications and amendments shall be effective and binding upon the Registrant thirty (30) days after the initial posting of the revised Agreement, rules and regulations or policies on the Registrar's website. Registrants are advised to check and review the Registrar's website on a regular basis to be aware of any such revisions. The Registrant’s continued use of the Registrant’s Domain Name shall constitute the Registrant’s acceptance of this Agreement and the Dispute Policy with any such revision, amendment, modification and supplement. If and whenever the Registrant does not agree to any such revision, amendment, modification or supplement, the Registrant may request that the registration of the Registrant’s Domain Name be cancelled. The Registrant agrees that such cancellation will be its sole remedy. Existing Additional Registration Policies Qualifications for Registration A Domain Name Registrant ("Registrant") must be either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a corporation, limited liability company, partnership, or PLC). Registrant Information Applications for registration of a particular Domain Name must be accompanied by the following information ("Registrant Information"): Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person maybe the Registrant itself). If the Registrant is an organization, association, corporation, or other legally recognized entity, the contact person must be a person authorized to legally bind the entity. Valid postal address of the Registrant. Functioning e-mail address of the Registrant. Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a Domain Name with Registrar. If the Registrant Information provided to Registrar, or subsequent modification to that information, contains false, inaccurate or misleading information, or conceals or omits pertinent information, Registrar may terminate, suspend or place on hold the Domain Name registration of any Registrant without notification and without refund to the Registrant. The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications from Registrar. Conditions for Registration Before a prospective can secure the registration of a particular Domain Name, five (5) conditions must be met: Registrant must provide current, complete and accurate Registrant Information to Registrar. Registrant must acknowledge to have read, understood, accept and agree to be bound by the Registrar Registration Agreement. Registrant must acknowledge to have read, understood, accept and agree to be bound by Registrar Policies, including the Acceptable Use Policy and Dispute Policy. Registrant must submit and Registrar must receive the appropriate payment for registration of the Domain Name in accordance with the Payment Policy below. Registrar must accept Registrant's offer to register a Domain Name. The registrant is bound to adhere to Registrar Policies and the Registrar Registration Agreement upon confirmation to Registrant that the Domain Name registration has been accepted and completed. Term of Registration and Renewal Policy All Domain Names are registered for limited period. Specifically, Registrants may choose to register a domain for a period from one (1) year to ten (10) years. In the absence of any successful legal challenge, the Registrant has the right of first refusal to renew the registration of Registrant's Domain Name. This right will expire in thirty (30) days after the last day of the initial term or then existing term of registration for which Registrar has received payment. Cancellation Policy There are no fees associated with the cancellation of service; however there are no refunds for the registration. Miscellaneous Provisions Restricted Domain Names Certain Domain Names consisting of only one, two or three characters, are not available for registration. The Prospective Registrant of such a Domain Name will be advised if the particular Domain Name sought to be registered is unavailable for registration. Right of Revocation Registrar reserves the right, at its own discretion, to revoke the registration of a Domain Name of any Registrant who has violated Registrar Policies, including the Acceptable Use Policy and Dispute Policy, the Registrar Registration Agreement or any other agreement or policy binding upon the Registrant with respect to the Domain Name registration. Registrant's Designated Name Servers Domain Name Registrants are responsible for ensuring that at least two name servers remain configured and operable. Domains found to have less than two operable name servers may be de-activated by Registrar. DNS Change Request Policy Registrant cannot make changes to their DNS settings (i.e. point the Domain Name to a different Name Server or Internet Protocol address) until Registrar has received payment for the Domain Name registration. Domain Name Management Password Modification Policy Registrants are required to submit and use a Domain Name Management password to access their Registrant Information. Blank Domain Name management passwords are not allowed. Consumer Protection and Fair-Trading Practices Registrar encourages proper and responsible use of Domain Names by its Registrants. However, Registrants are solely responsible for proper use of particular Domain Names. Any Registrant concerned with the proper use of a particular Domain Name should review the Acceptable Use Policy. Any party or consumer having a complaint or involved in a dispute involving a particular registrant and wishing to know the Registrant Information for a particular Domain Name should consult the Registrar Dispute Policy. Spam Policy Registrar encourages proper and responsible use of Domain Names by its Registrants. However, Registrants are solely responsible for proper use of particular Domain Names. Any Registrant concerned with the proper use of a particular Domain Name should review the Acceptable Use Policy. Registrar Agreements, Policies, Fees Registrants are bound to adhere to these Registrar Policies, including the Dispute Policy and Acceptable Use Policy, the Registrar Registration Agreement, the Registrar and any other agreement or policy applicable to Registrants published by Registrar via Registrar's web site. Registrants are also subjected to the fees applicable for the particular service they request at the time such service is requested. Privacy Policy The Registrant has read Registrar’s Privacy Policy posted on Registrar’s website and consent to the use of its personal information as described therein. The Registrant acknowledges and agrees that Registrar may, from time to time, in its sole and absolute discretion, change or modify the Privacy Policy, and such changes or modifications shall be effective immediately upon posting to the Registrar’s website. Modifications to Agreements, Policies and Services Registrar reserves the right to revise the terms and conditions of these Registrar Policies, including the Dispute Policy and Acceptable Use Policy, the Registrar Registration Agreement, the Registrar Agreement or any other agreement or policy published by Registrar. Registrar may also change the services provided under these agreements and policies. Any such revision or change is binding upon Registrants and effective thirty (30) calendar days after the initial date of the posting of such revisions or modifications on Registrar's web site and are retroactive upon the effective date. By continuing to use Registrar services after the effective date, Registrants agree to be bound by and abide by any such revisions or changes. Registrants should review Registrar's web site periodically to be aware of any such revisions. If at any time a Registrant does not agree to any revisions to said agreements or policies, Registrant may terminate its agreement with Registrar by following the instructions in the Cancellation Policy. HKIRC is a non-profit-making and non-statutory corporation designated by the Hong-Kong Government to administer the registration of Internet domain names under .hk and .香港 country-code top-level domains. For any comments or complaints against UDomain Web Hosting Company Limited regarding its accreditation’s compliance, please find below some useful information: Website: www.hkirc.hk Email address: info@hkirc.hk