- - - Domain Registration
|
|
Oriensoft
XcellHost™
- Domain Name
Registration Terms and Conditions
Version 9.0 (last updated on 1st January 2009)
-
Domain Name
Services
This document
describes the
rights and
obligations of
Oriensoft
XcellHost™ and
the Customer in
connection with
Oriensoft
XcellHost's
registration or
renewal of domain
names for the
Customer.
-
Domain Name
Registration. Upon Customer's request and
subject to the terms and conditions set forth
below, Oriensoft XcellHost™ will register /
renew an
Internet domain name on behalf of Customer
with a registrar approved by ICANN as selected
by Oriensoft XcellHost.
-
Customer
Responsibilities. Oriensoft XcellHost™'s
registration of any domain name is subject to
(i) Oriensoft XcellHost™ receiving from
Customer all information needed from Customer
in order to complete such registration, and
(ii) such domain name not being in violation
of any applicable law, rule or regulation or
the policies of the applicable registration
service. Registration of a domain name is
subject to availability of such domain name
for registration, and Oriensoft XcellHost™
will not be responsible if a domain name is
not available for any reason. Oriensoft
XcellHost™ will also not be responsible for
any infringement of third-party rights caused
by its registration of a domain name for
Customer. Customer waives any claims it may
have against Oriensoft XcellHost™ for, and
hereby releases Oriensoft XcellHost™ of and
from, any loss, damage, liability or expense
arising out of, or relating to, the
registration of such domain name in any online
or offline network directories, membership
lists or registration lists, or the release of
the domain name from such directories or lists
following the termination of services by
Oriensoft XcellHost™ for any reason. (iii)
Oriensoft XcellHost receives the payment
towards domain registration charges in full.
-
ICANN and
Other Authority. Customer acknowledges
that its rights to any domain name registered
by Oriensoft XcellHost™ are not being granted
by Oriensoft XcellHost™ but are subject to
the rules and regulations of ICANN, the
applicable registrar and applicable law.
Customer agrees to be bound by the terms of
the applicable registrar's then-current domain
name policies and the policies of the national
DNS registration authorities to which Customer
becomes subject upon registration of the
domain name. Customer's inability to use a
domain name shall not entitle Customer to a
refund by Oriensoft XcellHost™ of any fees
paid with respect to the registration of such
unusable domain name. The domain name for the
Customer Web site shall be the property of
Customer.
-
Domain Name
Renewals. If Customer requests Oriensoft
XcellHost™ to renew for multiple years a
prior registration of Customer for a domain
name, Customer represents and warranties that
all information it provides to Oriensoft
XcellHost™ in connection with such request
will be true and correct. Oriensoft XcellHost™'s sole responsibility in
connection with any such request will be to
process the renewal using the renewal
mechanism provided by the Registrar. Oriensoft
XcellHost™ will have no responsibility or
liability for any loss, interruption in
service, service error or loss of data caused
by the Registrar. If Customer requests
Oriensoft XcellHost™ to renew a prior
registration of Customer for a domain name
with a different Registrar than held the prior
registration, Customer agrees that it will
designate Oriensoft XcellHost™ as the billing
contact and be subject to all of the terms and
conditions of such different Registrar.
-
Changing Registrars. If the Customer
submits an Order to Oriensoft XcellHost for
domain name services that requires that the
domain name change registrars, the Customer
acknowledges that it is solely responsible for
complying with the acknowledgement policies of
the losing registrar. Such acknowledgement
policies may require the Customer to respond
to an e-mail sent to the e-mail address for
the Administrative Contact of the domain name,
as reflected in the WHOIS database of the
losing registrar. The Customer acknowledges
and agrees that neither Oriensoft XcellHost
nor the gaining Registrar will bear any
liability or responsibility for any delay,
inconvenience or expiration of domain name
registration that occurs as a consequence of
the Customer's failure to respond timely to
any losing registrar query or request for
confirmation.
-
Changing
Registrar
Resellers. If
the Customer
submits an Order
to Oriensoft
XcellHost to
renew a domain
name that was
previously
registered through
a reseller of the
Registrar, the
Customer
acknowledges that
it is solely
responsible for
complying with the
acknowledgement
policies of the
losing reseller
and the Registrar.
Such
acknowledgement
policies may
require the
Customer to
respond to an
e-mail sent to the
e-mail address for
the Administrative
Contact of the
domain name, as
reflected in the
WHOIS database of
the losing
registrar, and may
also require the
Customer to settle
any open accounts
it has with the
losing reseller.
The Customer
acknowledges and
agrees that
Oriensoft
XcellHost will
bear no liability
or responsibility
for any delay,
inconvenience or
expiration of
domain name
registration that
occurs as a
consequence of the
Customer's failure
to satisfy the
acknowledgment
policies of the
losing reseller or
the Registrar.
-
Renewal and
Expiration.
The Customer
agrees that
Oriensoft
XcellHost bears
no responsibility
or obligation to
notify Customer of
any impending
domain name
expiration dates
and that the
Customer is wholly
responsible for
such deadlines.
Although Oriensoft
XcellHost may
accept Orders for
domain name
renewals within
the forty-five-day
(45) day period
prior to the
impending
expiration date of
a domain name,
Oriensoft
XcellHost will
have no
responsibility for
any expiration of
a domain name that
occurs with
respect to any
Order submitted to
Oriensoft
XcellHost within
such period.
-
Contact
Information.
The Customer
agrees to keep its WHOIS information
accurate and
up-to-date. The
Customer must
cause the e-mail
address for the
Administrative
Contact to be the
same as the
Customer's e-mail
address maintained
in Oriensoft
XcellHost billing
records. If the
e-mail address for
the Administrative
Contact is not the
same as the
Customer's e-mail
address maintained
in Oriensoft
XcellHost billing
records, Oriensoft
XcellHost may
(but will have no
duty to) change
the e-mail address
for the
Administrative
Contact in the
WHOIS records of
the registrar.
-
Other Terms and Conditions. The provisions
of Sections 9, 10, 11, 14, 15 and 16 of the
Terms of Service
are incorporated herein by this reference.
|