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Hong Kong Internet Registration Corporation Limited (HKIRC)’s website www.hkirc.hk (“HKIRC’s Website”)

Important Notice

By using the HKIRC's Website, you accept and agree to be bound by these Terms of Use unconditionally.

1. 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 HKIRC’s Website to send unsolicited commercial advertising of any sort via any medium including but not limited to, the telephone, email or fax; or
b. enable high volume, automated or electronic processes to access HKIRC's computer systems including but not limited to, the WHOIS search enquiry service; or
c. compile, repackage, disseminate, disclose to any third party or use the data obtained from the HKIRC’s Website for any purpose other than obtaining information about a domain name registration record; or
d. use such data obtained from the HKIRC’s Website to derive an economic benefit for yourself or any third parties except by applying for or maintaining a .hk or .香港domain name for and on behalf of your customers.
2. You shall treat as confidential at all times all personal data including but not limited to data retrieved from WHOIS search obtained from the HKIRC’s Website. Such data shall not be used in any way detrimental to the customer and/or to HKIRC. You shall not divulge the personal data or data retrieved from WHOIS search to any person except to your own employees on a need-to-know basis. You shall prevent any unauthorised 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 unauthorised disclosure of protected personal data 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 HKIRC may suffer directly and/or indirectly as a result of such unauthorised disclosure. HKIRC shall be entitled to claim for damages which including but not limited to, all legal costs and expenses incurred by HKIRC in connection with the enforcement of these Terms of Use.
3. HKIRC in its sole discretion may terminate or suspend your ability to access to and/or use of the HKIRC’s Website at any time without prior notice including but not limited to the event of (i) a breach of these Terms of Use by you, (ii) non-performance of your obligations under these Terms of Use
4. DISCLAIMER. HKIRC 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 HKIRC’S WEBSITE OR USE OF THE HKIRC’S WEBSITE, NOT LIMITED TO BUT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION OR INACCURACY WITH THE HKIRC.’S WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF ANY PART OF THE HKIRC’S WEBSITE 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 BUT NOT LIMITED TO LOSS OF DATA OR COMPATABILITY PROBLEMS), OR INTERCEPTION OF ON-LINE COMMUNICATION.
HKIRC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE HKIRC’S WEBSITE OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THE HKIRC’S WEBSITE. NO CLAIMS OR ACTIONS OF LEGAL PROCEEDINGS IN CONNECTION WITH THE USE OF THIS HKIRC’S WEBSITE BY YOU OR ANY THIRD PARTIES AUTHORISED BY YOU TO USE THE HKIRC’S WEBSITE WILL BE ENTERTAINED BY HKIRC.
5. You, your employees, agents and any person authorised by you shall not seek to recover and shall not be entitled to recover from HKIRC or to be indemnified by HKIRC against any direct, indirect or consequential loss or damage suffered by you arising out of or in connection with your use of the HKIRC’s Website.
6. You shall be held responsible for any losses and damages suffered by HKIRC arising either directly or indirectly from the use of the HKIRC’s Website by you, your employees, agents or any person authorised by you. HKIRC reserves the right to claim and take any actions or legal proceedings for recovery or compensation as a result.
7. You hereby agree to fully indemnify, defend and hold HKIRC, 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 directly or indirectly related to:
(a) your access to and/or use of the HKIRC’s Website and/or any other person or entity's use of this service or the HKIRC’s Website where such person or entity was authorised by you to access and/or use the HKIRC’s Website; 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 HKIRC’s Website; or
(c) any materials you submit, post to, or transmit through the HKIRC’s Website.
8. All reasonable efforts are made by HKIRC to ensure the information provided on the HKIRC’s Website is accurate and/or up-to-date, HKIRC gives no warranty of any kind express or implied with regard to the accuracy or completeness of any information on the HKIRC’s Website or that the HKIRC’s Website will be error free. Information obtained through the HKIRC’s Website may contain errors including but not limited to inaccuracies or typographical errors. HKIRC shall not be liable to you for any loss arising out of and to the extent caused by any failure by HKIRC to keep the information on the HKIRC’s Website accurate and/or up-to-date. HKIRC 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 on the HKIRC’s Website.
9. HKIRC does not guarantee that any e-mails from the HKIRC’s Website will be sent to you or received by HKIRC nor does HKIRC warrant the privacy and/or security of e-mails during Internet transmission.
10. HKIRC may use "session cookies" on the HKIRC’s Website. 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, for the duration of each of your visits to the HKIRC’s Website.
11. HKIRC reserves the right to amend these Terms of Use at any time without prior notice. You shall visit the HKIRC’s Website regularly for keeping track of such amendments.
12. HKIRC reserves the right to log your IP address and to preserve it for a reasonable period. The purpose is to help the prevention or detection of crime.
13. These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
14. In the event of any discrepancy between the English and Chinese versions of this Agreement, the English version shall prevail.
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