Members' Area

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RULES FOR HKIRC MEMBERSHIP
VERSION 4.0
(Effective from 9 Feb 2010)

The following information is extracted from the Memorandum and Articles of Association of HKIRC and other information relevant to the application. Please follow this link to view the complete Memorandum and Articles of Association [ http://members.hkirc.hk/MRS/common/articles/M&A.htm].

Eligibility for Membership

1. All Members must maintain a valid registration of one or more Internet domain names under the .hk ccTLD.

* The registration of Internet domain names under .hk ccTLD is considered invalid if the required registration fee is overdue.

2. The membership of the Company may be divided into such classes as the Directors may from time to time determine. Unless otherwise determined by the Directors, the classes of membership and their respective admission criteria shall be as follows:

    (a) Supply Class

      (i) any person which is a Registry Operator (apart from the Company itself) for any level of Internet domain names under the Hong Kong country code top level domain ".hk cc TLD";

      (ii) any person which is a Registrar (accredited by the Company) for any level of Internet domain names under the Hong Kong country code top level domain ".hk cc TLD"; or

      (iii) any person which is a Service Partner in respect of domain name registration for any level of Internet domain names under the Hong Kong country code top level domain ".hk cc TLD".

      (iv) any person which is a service provider of Internet-related services or any association representing the interests of such persons.

      (The Board of Directors determined on 21 January 2010 to add the above point (iv))

    (b) Demand Class

    Any person which does not qualify for membership in the Supply Class.

    'persons' means such person (as defined in the Interpretation and General Clauses Ordinance (Cap 1)), associations, organisations or bodies residing in or registered under Hong Kong law as determined by the Directors from time to time.

    'Service Partner' means a person who has a valid agreement with the company or its wholly-owned subsidiaries under the Service Partner program published from time to time on the web site of the Company or its wholly-owned subsidiaries to register domain names under the Hong Kong country code top level domain ".hk ccTLD" on behalf of his customers.

3. A Member of one class may not be a Member of any other class at the same time.

Membership Application Procedure

4. Applicants shall start the application process by completing the on-line registration procedure at [https://members.hkirc.hk/MRS].

5. After the Applicant submits the Membership Application Form electronically to HKIRC, HKIRC may send to the Applicant via electronic means, an email to confirm the application’s email address. Applicant has to comply with the email instructions to confirm the membership application.

6. HKIRC may, in its sole discretion, request the Applicant to provide further documentary proof (for example, copy of the certificate of incorporation) at any time, to demonstrate that the Applicant is eligible to become a Member of HKIRC

7. An Applicant shall be admitted as a Member of HKIRC upon HKIRC notifying the Applicant of admission as a Member by email or by other means as deemed appropriate by HKIRC.

8. By completing the on-line registration procedure and submitting the Membership Application Form electronically to HKIRC, the Applicant makes a binding undertaking in accordance with the terms of the Application. An Applicant expressly waives any rights to bring an action declaring the invalidity of the application on the sole ground that the application was made by electronic means. In the event of dispute as to the contents, time or place of transmission or receipt of any electronic records relating to an application, HKIRC's records shall prevail.

9. An Applicant authorizes HKIRC to place its name and registration details on the register of Members of the HKIRC.

Members' Web Page

10. HKIRC operates a Member Web Page. Access to the Member Web Page is restricted to Members of HKIRC only. Upon notification of admission as a Member, HKIRC will also notify the Member of a password ("Password") to access the Member's web page of HKIRC. The login ID of the Member shall be the email address registered with HKIRC.

11. Members shall be responsible for the safe custody of the Password and shall be responsible for all communications and transactions conducted by using the Password.

Rights of Members

12. Each Member shall be entitled to one vote at a general meeting of HKIRC (except for matters relating to the Government). Members may vote at a general meeting in person, by post or via the Internet in such manner as the Directors shall prescribe from time to time and subject always to the laws of Hong Kong Special Administrative Region.

Membership Fees and Subscriptions

13. Each Member shall pay such fees (if any) and subscriptions (if any) as shall from time to time be determined by HKIRC.

14. HKIRC shall give one month written notice to all Members of the levying of fees and subscriptions. Any refusal or neglect to pay such fees and subscriptions by a Member shall be deemed to be a breach of the Articles of Association of HKIRC and shall entitle HKIRC to terminate the membership of the Member.

Cessation of Membership

15. A Member shall cease to have all membership rights if registration of one or more Internet domain names under the .hk ccTLD has become invalid for any reason.

* The registration of Internet domain names under .hk ccTLD is considered invalid if the required registration fee is overdue.

16. Any refusal or neglect to comply with the Articles of Association of HKIRC shall render a Member liable to expulsion by a resolution of a Directors' meeting.

17. HKIRC may terminate the membership of a Member at any time upon giving one month written notice to the Member.

18. A Member may terminate membership at any time upon giving one month written notice to HKIRC but will remain liable to pay HKIRC all moneys (if any) which, at the time of ceasing to be a Member shall be due to HKIRC.

Notification

19. HKIRC shall communicate with each Applicant in relation to a membership application via e-mail transmission. The e-mail address for this purpose shall be the email address provided by the Applicant during the registration process. .

20. As Internet communications may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission, HKIRC excludes any liability for failures, malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions sent or received by the Applicant or HKIRC.

Memorandum and Articles of Association

21. Every Member joining the HKIRC agrees to be bound by the Memorandum and Articles of Association of HKIRC.

Contribution to Assets

22. On the winding up of HKIRC, every Member (and in certain cases an individual who ceased to be a Member within 12 months immediately prior to the winding up of HKIRC), undertakes to contribute to the assets of HKIRC an amount not exceeding HK$1.00.

Governing Law and Submission to Jurisdiction

23. Any dispute arising from matters relating to the membership of the HKIRC shall be resolved in accordance with the laws of Hong Kong Special Administration Region and all parties to such dispute irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administration Region.




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