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Appendix A
Hong Kong Domain Name Registration Company Limited
Domain Name Dispute Resolution Policy
[Rules of Procedure]
[Effective 26 January 2004]
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| 2.
Communications |
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| a. |
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When forwarding a Complaint to the Respondent, it shall be the
Provider's responsibility to employ reasonably available means
calculated to achieve actual notice to the Respondent. Achieving
actual notice, or employing the following measures to do so,
shall discharge this responsibility:
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(i) |
sending the Complaint to all postal-mail and facsimile addresses
(A) shown in the domain name's registration data through HKDNR's
WHOIS function at www.hkdnr.net.hk for the registered domain-name
holder, the technical contact, and the administrative contact
and (B) supplied by HKDNR to the Provider for the registration's
billing contact; and
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(ii) |
sending the Complaint in electronic form (including annexes
to the extent available in that form) by email to:
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(A) |
the email addresses for those technical, administrative,
and billing contacts;
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(B) |
postmaster@<the contested domain name>; and
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(C) |
if the domain name (or "www." followed by the domain name)
resolves to an active web page (other than a generic page
the Provider concludes is maintained by HKDNR or ISP for
parking domain-names registered by multiple domain-name
holders), any email address shown or email links on that
web page; and
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(iii) |
sending the Complaint to any address the Respondent has notified
to the Provider in writing (including email) at which it prefers
and, to the extent practicable, to all other addresses provided
to the Provider by Complainant under Paragraph 3(b)(v).
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| b. |
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Except as provided in Paragraph 2(a), any written communication
to the Complainant or Respondent provided for under these Rules
of Procedure shall be made by the preferred means stated by
the Complainant or Respondent, respectively (see Paragraphs
3(b)(iii) and 5(b)(iii)), or in the absence of such specification:
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(i) |
by telecopy or facsimile transmission, with a confirmation of
transmission; or
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(ii) |
by postage or courier service, fees pre-paid and return receipt
requested; or
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(iii) |
electronically via the Internet, provided a record of its transmission
is available.
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| c. |
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Any communication to the Provider or an Arbitration Panel shall
be made by the means and in the manner (including number of
copies) stated in the Provider's Supplemental Rules.
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d. |
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Communications shall be made in the language prescribed in Paragraph
11 of these Rules of Procedure. Email communications should,
if practicable, be sent in plain text.
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e. |
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Either Party may update its contact details by notifying the
Provider and in the case of the Respondent, the HKDNR.
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| f. |
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Except as otherwise provided in these Rules of Procedure, or
decided by an Arbitration Panel, all communications provided
for under these Rules of Procedure shall be deemed to have been
made:
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(i) |
if delivered by telecopy or facsimile transmission, on the date
shown on the confirmation of transmission; or
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(ii) |
if by postal or courier service, on the date marked on the receipt;
or
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(iii) |
if via the Internet, on the date that the communication was
transmitted, provided that the date of transmission is verifiable.
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| g. |
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Except as otherwise provided in these Rules of Procedure, all
time periods calculated under these Rules of Procedure to begin
when a communication is made shall begin to run on the earliest
date that the communication is deemed to have been made in accordance
with Paragraph 2(f) above.
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(i) |
an Arbitration Panel to any Party shall be copied to the Provider
and to the other Party;
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(ii) |
the Provider to any Party shall be copied to the other Party
and if appropriate, to an Arbitration Panel; and
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(iii) |
a Party shall be copied to the other Party, the Arbitration
Panel and the Provider, as the case may be.
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| i. |
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It shall be the responsibility of the sender of a communication
to retain records of the fact and circumstances of the sending,
which shall be available for inspection by affected parties
and for reporting purposes.
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j. |
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In the event a sender sends a communication and receives notification
of non-delivery of the communication, the sender shall promptly
notify the Arbitration Panel, the Provider and the relevant
parties of the circumstances of the notification. Further proceedings
concerning the communication and any response shall be as directed
by the Arbitration Panel, or if no Arbitration Panel is yet
appointed, the Provider.
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