The present General Terms and Conditions (referred to hereinbelow as “ToS”) apply to all contracts concluded between the Provider and the customer via the Online Shop as well as to all contracts for which the applicability of these ToS has been agreed between the parties otherwise than via the Online Shop.

The range of services on offer in the Online Shop is intended for consumers and businesses, unless specified otherwise in the Online Shop. A “consumer” means every natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. A “business“ means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession

Oxyzer reserves the right to amend the present ToS insofar as required in order to adapt them to changed legal or technical framework conditions. Oxyzer will notify the customer of such amendments via email, whereby the amended passages will be highlighted. All amendments will be considered approved unless the customer lodges an objection in text form within six weeks of receiving notice of the amendments. Along with the notification of amendments made, Oxyzer will also supply the customer with separate instructions on the right to lodge an objection and on the legal consequences of remaining silent.

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

Oxyzer reserves the right not to conclude contracts with Customers from the following countries and territories: North Korea, Russia, Syria, Sudan, Iran, Cuba, and the so called People’s Republics of Donetsk and Luhansk and Crimea. The Customer undertakes not to use Oxyzer’s services, neither directly nor indirectly, if the Customer is located in these countries or territories. Furthermore, the Customer undertakes not to distribute Oxyzer’s services to third parties from the above-mentioned countries or territories. Oxyzer expressly points out that a violation of this undertaking could trigger legal consequences such as claims to compensation for damages and/or the exercise of special termination rights. Oxyzer reserves the right to adjust the list of countries and territories mentioned above at its own discretion as a result of changes in factual and political circumstances. Oxyzer will perform an ongoing sanctions-list-screening based on the data communicated by the Customer to ensure that the Customer is not subject to applicable government sanctions. A Customer is affected by applicable government sanctions within the meaning of this provision if Oxyzer cannot reliably ensure that the Customer is not a natural person or company that is listed on so-called sanctions lists and is thus subject of applicable government sanctions.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

You agree to provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); maintain the confidentiality of your password and other information related to the security of your account; maintain and promptly update the Registration Data and any other information you provide to Oxyzer, to keep such information accurate, current and complete; and be fully responsible for all use of your account and for any actions that take place through your account.

You acknowledge and accept that despite the security measures Oxyzer takes in connection with the Services, Oxyzer’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Oxyzer may take corrective action as it seems appropriate in its sole discretion and you acknowledge and agree that Oxyzer shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites, despite our automated backup system that does not cover time back machines or other systems to avoid backup’s infections.

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Service (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Service (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Oxyzer that you have all necessary rights to post or distribute such Subscriber Content, and your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party

You acknowledge and agree that Oxyzer may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Oxyzer’s sole discretion, including without limitation, removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Oxyzer shall have no liability due to any corrective action that Oxyzer may take, including without limitation suspension or termination of Services.

You hereby grant to Oxyzer, to the extent necessary to provide the Service, a non-exclusive, royalty-free, worldwide right and license to: use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website and make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Oxyzer is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the European Union or the country in which you reside. The Services are controlled and operated by us from our offices within the European Union -Italy (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Service from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscriber’s or customer’s personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) so, far as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy notice for the Subscriber Website.
You will cooperate fully with Oxyzer in connection with Oxyzer’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Oxyzer’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Oxyzer to provide the Services, which hardware and software may be changed by Oxyzer from time to time in its sole discretion.You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of Oxyzer’s servers. This is an affirmative duty. Oxyzer is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by Oxyzer in its sole discretion, that:
Engages in or promotes illegal activity; Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable; Infringes the intellectual property rights or other proprietary rights of any third party; Violates the privacy rights or publicity rights of any third party; Interferes with the operation of the Services; Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.

Payment
Fees Due. You will pay to Oxyzer all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.

Pricing.

Oxyzer may change our prices from time to time. Oxyzer may increase the fees for the Services (i) as permitted in the applicable Service description published on the Oxyzer website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Oxyzer through the Subscriber billing tool or other methods of communications and notices sent or posted by Oxyzer.

Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Oxyzer’s invoices for the fees as separate charges to be paid by you.

Add-On Services. If you purchase certain add-on services from Oxyzer such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Oxyzer is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.

Disputes. You have ninety (90) days to dispute any charge or payment processed by Oxyzer. If you have a question concerning a charge you believe is incorrect, please contact us on our ticket system support. If you initiate a chargeback, there may be a minimum charge of $25.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.

Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.

Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Oxyzer is not responsible for any change in exchange rates between the time of payment and the time of refund.

Term and Automatic Renewal.

Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”).

Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, Oxyzer shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice.If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13.

Disabling automatic renewal optionDisabling automatic renewal option for hosting services. You may disable the automatic renewal option for your hosting account at any time online via the Account tab in your Oxyzer account. Additional instructions can be found here. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew.

Our Shared Hosting is limited by the resources allocated to the specific plan that you have purchased.

You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Oxyzer exercises no control over, and accepts no responsibility for, the content of the information passing through Oxyzer’s host computers, network hubs and points of presence or the Internet.the services provided under this agreement are provided on an “as is” and “as available basis.” Oxyzer and its affiliates, employees, agents, suppliers and licensors (collectively, the “Oxyzer parties”) disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder.
the Oxyzer parties make no representations or warranties that the services will be uninterrupted, error free or completely secure; as to the results that may be obtained from the use of the services; or as to the accuracy, reliability or content of any information provided through the services. the Oxyzer parties are not liable, and expressly disclaim any liability, for the content of any data transferred either to or from subscribers or stored by subscribers on or through the services. no advice or information given by Oxyzer or Oxyzer’s representatives including, without limitation, support representatives, shall create a warranty. Oxyzer does not guarantee that subscribers will be able to use the services at times or locations of their choosing. Oxyzer does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or Oxyzer in particular. the terms of this section shall survive any termination of this agreement.Oxyzer shall not be liable for non-performance or delay in performance caused by any reason, whether within or outside of its control. in no event will the Oxyzer parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any subscriber content, subscriber website or other materials accessed or downloaded through the services, even if Oxyzer is aware or has been advised of the possibility of such damages.notwithstanding anything to the contrary contained herein, Oxyzer’s liability to you or any party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Oxyzer for the services in the three (3) months prior to the initial action giving rise to liability. this is an aggregate limit. the existence of more than one claim hereunder will not increase this limit. no action, regardless of form, arising out of this agreement or out of the services may be brought by you, the subscriber, more than one (1) year after the event which gave rise to the cause of action. some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, Oxyzer’s liability shall be limited to the greatest extent permitted by law.

For its own operational efficiencies and purposes, Oxyzer periodically backs up data on its servers, but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON Oxyzer SERVERS, AND under no circumstance will Oxyzer be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any Oxyzer server. Oxyzer reserves the right to charge a restoration fee if you request copies of the backups. Restorations are only FOR SYSTEMIC DISASTER RECOVERY if and when them occour.