NiceNIC .HK Trustee Service Terms

1. Obligations of the Customer


a) The Customer must guarantee that he has checked that the domain it has applied for does neither violates any third-party rights (trademarks, rights to names and copyrights), does not violate statutory prohibitions or public order and that he is not using the domain for illegal purposes, in particular phishing and spamming.

The Customer must put himself under the obligation not to publish on the website filed under the domain any contents violating statutory prohibitions, trademark rights, rights to names, copyrights or public order.

b) The Customer must put himself under the obligation to immediately inform NICENIC INTERNATIONAL GROUP CO., LIMITED in writing by post, fax or email about all registration related occurrences concerning the domain, in particular the threat or the initiation of legal measures.

If the holder of the domain changes while maintaining NICENIC INTERNATIONAL GROUP CO., LIMITED as provider then the new holder must accept "NiceNIC .HK Trustee Service Terms".

In case of a change in the domain owner and a simultaneous change to another provider than NICENIC, the "NiceNIC .HK Trustee Service Terms" will automatically cease.

With any change from NICENIC INTERNATIONAL GROUP CO., LIMITED to another provider, the "NiceNIC .HK Trustee Service Terms" will cease.

If the Customer does not designate a new Registrant prior to the change of provider then NICENIC INTERNATIONAL GROUP CO., LIMITED may reject the change of provider.

c) The Customer must put himself under the obligation to answer enquiries from NiceNIC relating to domain registration immediately by post or fax or email, and reaching NiceNIC at the latest within 48 hours. The deadline will be shortened accordingly, if deadlines are set in a legally valid way by a third party (claimant, court, administrative agency etc.).

The Customer is obliged to keep his contact data constantly up to date with NICENIC INTERNATIONAL GROUP CO., LIMITED and expressly authorises NICENIC to make such contact data available to Registry of HKIRC and ICANN.

If the contact data provided by the Customer to NICENIC INTERNATIONAL GROUP CO., LIMITED, in particular the Email Address, postal address and the telephone number, are not correct and if the Customer is not reachable via the contact routes he provided or if he does not answer an enquiry from NICENIC within a deadline set then NiceNIC is entitled to make any decisions, in particular to delete the domain.

2. Obligations of NICENIC

a) NICENIC has put himself in relation to NICENIC INTERNATIONAL GROUP CO., LIMITED under the obligation to accomplish the tasks incumbent upon him as an administrative contact according to the best of his knowledge and belief. He will abide by corresponding instructions from NICENIC INTERNATIONAL GROUP CO., LIMITED provided the latter do not run counter to the law.

b) NICENIC will, when decisions may or have to be made without consulting the Customer, make such decisions according to his equitable discretion.

3. Settlement of disputes with third parties

If NICENIC is sued as representative of the Customer or directly by a third party for release or deletion of the domain then the Customer must within the deadlines declare in writing whether he will consent to release or whether he wishes to defend the domain.

a) If the Customer consents to release then NICENIC INTERNATIONAL GROUP CO., LIMITED will declare deletion of the domain and inform the third party or the claimant.

b) If the Customer fails to provide a declaration in time then NICENIC INTERNATIONAL GROUP CO., LIMITED will be entitled to immediately delete the domain.

c) If the Customer informs NICENIC that he wishes to defend the domain then he must deposit with him within two days a bond (cash payment in USD or performance bond of HSBC) in the amount to be determined in equitable discretion by NICENIC INTERNATIONAL GROUP CO., LIMITED, patterned on the Judicial Costs Act as well as, possibly, on damage compensation claims to be expected, which bond covers the potential compensation