Registration Agreement

Last Revised: October 7, 2017

This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” ,”customer” refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to XsoftHost.com. This Agreement explains our obligations to you, and explains your obligations to us for various services offered by XsoftHost.com. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional XsoftHost.com service(s) or products or to cancel your XsoftHost.com service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

1. DEFINITIONS:

   (1) “Domain Order” refers to an Order fulfilled by the Customer through the XsoftHost.com under this Domain Registration Product Agreement Extension.

   (2) “Registrant” refers to the registrant/owner of a Domain Order as in the XsoftHost.com Database.

   (3) “Registrar” refers to the Registrar of a Domain Order as in the XsoftHost.com Database and/or shown in the Whois Record.

   (4) “Registry Operator” or “Registry” refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order.

   (5) “Whois Record” refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.

2. OBLIGATIONS OF THE CUSTOMER:

   (1) You must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar’s terms and conditions. XsoftHost.com is not liable for any action taken by Registrar pursuant to the Registrar’s terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify XsoftHost.com of, and shall be responsible for any liability resulting from Registrants’ noncompliance with such terms and conditions.

   (2) You acknowledge and agree that the Registry and XsoftHost.com shall not be liable to you for any loss, damage, or expense arising out of the Registry’s failure
   or refusal to register a domain name, it’s failure or refusal to renew a domain name registration,
   it’s registration of a domain name, it’s failure or refusal to renew a domain name registration,
   it’s renewal of a domain name registration, it’s failure or refusal to transfer a domain name registration,
   it’s transfer of a domain name registration, it’s failure or refusal to maintain or modify a domain name registration,
   it’s maintenance of a domain name registration, it’s modification of a domain name registration,
   it’s failure to cancel a domain name registration or it’s cancellation of a domain name registration from the Registry.

   (3) You must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

   (4)You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents,
   as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

   • The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm
   • The Restrictions Dispute Resolution Criteria and Rules (“RDRP”),
     available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the “Dispute Policies”).
   • Registrant Educational Materials https://www.icann.org/resources/pages/educational-2012-02-25-en

   • Registrant Rights & Responsibilities https://www.icann.org/resources/pages/responsibilities-2014-03-14-en

   • Registrant’s Benefits & Responsibilities https://www.icann.org/resources/pages/benefits-2013-09-16-en

   (5)Customer understands that the Privacy Protection Service is only available for certain TLDs.

   (6)You comply that registration of a chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

   XsoftHost.com and Service Providers “Registry”, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if XsoftHost.com or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if XsoftHost.com or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by XsoftHost.com , Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that XsoftHost.com and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of XsoftHost.com and Service Providers, are not liable for loss or damages that may result from any of the above.

3. REGISTRANT INFORMATION TERM:

   Registrant must provide the following information as part of the domain name registration process,
   and promptly correct and update during the term of the registration:

   (1)Name and postal address of the Registered Name Holder;

   (2)Registered name;

   (3)Name, postal address, e-mail address, telephone numbers of the administrative contact for the domain name;

   (4)Name, postal address, e-mail address, telephone numbers of the billing contact for the domain name;

   (5)Name, postal address, e-mail address, telephone numbers of the technical contact for the domain name;

   (6)Names of the primary nameserver and secondary nameserver(s) for the Registered Name;

4. DOMAIN NAME RENEWAL TERMS:

   When you register a domain name, you will have two renewal options: (1) “Automatic Renewal” (2) “Manual Renewal”:

   (1)Automatic Renewal:

   automatic Renewal is the default setting. Therefore,
   XsoftHost.com will enroll you in Automatic Renewal. Domain names will automatically renew,
   for a period equivalent to the length of your original domain name registration,
   any domain name that is up for renewal and will take payment from the Payment Method you have on file with XsoftHost.com ,
   at XsoftHost.com’s then current rates. Thus, if you have chosen to register your domain name for one (1) year, XsoftHost.com will automatically
   renew it for one (1) year. If you have chosen to register your domain name for two (2) years,
   XsoftHost.com will automatically renew it for two (2) years, and so on.

   (2)Manual Renewal

   If you have decided to turn off automatic renewal and cancel the product
   (i.e., cancel the domain name registration) effective at expiration of the then current term,
   you may nonetheless elect to manually renew the domain name at anytime prior to its expiration
   date by logging into your client area and manually implementing the renewal or contact technical support
   . If you fail to manually implement the renewal before the expiration date,
   the domain name will be cancelled and you will no longer have use of that name.

   You agree that XsoftHost.com will not be responsible for cancelled domain names that you fail to renew in the timeframes indicated in this Agreement.
   In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply.
   If you signed up for privacy services, protected registration, or any other similar service,
   with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

   If your domain name is deleted, the Registry provides a 30 days Redemption Grace Period during and you may pay XsoftHost.com
   a redemption fee to redeem your domain name.
   The redemption fee is currently $100.00 USD and may change under the terms of this Agreement.
   If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will
   release your name and it will become available for registration.

   Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs.
   Please refer to the specific terms for the applicable TLD. In the event
   there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

5. TRANSFER DOMAIN NAME(S) TERMS:

   You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at
   http://www.icann.org/transfers “this policy may change from time to time“

   To transfer your domain name(s) you should first login to your account and unlock your domain name(s) and/or to obtain the EPP “AuthCode”
   which is required to transfer domain services in an EPP registry.

   Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request.
   Without limitation, domain name services may not be transferred within 60 calendar days of initial registration,
   within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant,
   if you are bankrupt, or if you fail to pay fees when due. Transfer requests typically take five business days to be processed.
   A transfer will not be processed if
   , during this time, the domain name registration services expire in which event you may need to reinstate the transfer request.

   You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent
   your domain name services from being transferred without your authorization, though we are not required to do so.
   By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.

   You may be required to resubmit a transfer request if there is a communication failure.
   AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER
   IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

6. FEES AND PAYMENTS TERMS:

   All fees are non-refundable, in whole or in part, even if your domain name registration is suspended,
   cancelled or transferred prior to the end of your then current registration term . XsoftHost.com expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on the
   XsoftHost.com website and effective immediately without need for further notice to you.

7. SUSPENSION AND CANCELLATION:

   Service Providers and/or XsoftHost.com may in its sole discretion, suspend or cancel Registrant’s domain name registration:

   (1)if Registrant breaches this Agreement;

   (2)if Registrant fails to provide payment or provide an accurate contact or billing information;

   (3)in the event there was an error during the registration process for such domain name;

   (4)as required by ICANN or a Registry Operator;

   (5)to comply with any applicable laws, requests of law enforcement and court orders, government rules;

   (6)to avoid any liability, civil or criminal.

   (7)in compliance with any dispute resolution process

8. LIMITATION OF LIABILITY :

   WE WILL NOT BE LIABLE FOR ANY
   (a) SUSPENSION OR LOSS OF THE SERVICES,
   (b) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS,
   (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS
   YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US;
   (d) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL
   (e) DATA NON-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
   (f) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION;
   (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR
   (h) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER
   WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
   (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
   OR OTHERWISE.