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-INDIVIDUAL DOMAIN NAME
RULES OF PROCEDURE
(the "Rules of Procedure")
(Effective as of 21 February 2003)
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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 e-mail to:-
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(A) |
the e-mail 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 e-mail address shown or e-mail 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 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. E-mail communications should, if
practicable, be sent in plaintext.
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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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