Service and Usage Agreement

Contract, Eligibility and Account Security

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.

Subscriber Content.

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.

Compliance with Applicable Law.

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.

Additional User Responsibilities.

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 and pricing

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.


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.

Resource Usage.

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.

HIPAA Disclaimer.

Our Services do not comply with the U.S. Health Insurance Portability and Accountability Act (HIPAA). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Oxyzer does not control or monitor the information or data you store on, or transmit through the Service. We specifically disclaim any representation or warranty that the Service, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Oxyzer does not sign “Business Associate Agreements,” and you agree that Oxyzer is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by mail or support ticket.

Payment Card Industry Security Disclaimer.

Oxyzer complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Oxyzer will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.

express warrant on contents

The customer expressly warrants that the provision or publication of the contents which the customer uploads and/or of the websites which are created on the customer’s behalf by Oxyzer in accordance with the customer’s instructions do not contravene European law or any potentially deviating laws of the country in which the customer’s registered seat is located, particularly including copyright laws, data protection laws, and the laws governing unfair competition. The customer furthermore warrants that the content provided or published does not violate public morals, does not contain any pornographic or obscene materials, does not incite racial hatred, does not infringe upon human dignity, does not endanger children or adolescents, and is not insulting or discriminatory. This also applies to third party websites to which the customer installs a link, has a link installed or tolerates a link.

If Oxyzer receives a complaint from a third party alleging that content on a customer’s website infringes on the rights of said third party, and if the complaint is sufficiently specific to allow the alleged infringement to be confirmed solely on the basis of the third party’s allegations– i.e. without a thorough legal and factual evaluation – then Oxyzer will forward the third-party complaint without undue delay to the customer, who is to provide a statement of position. Oxyzer will grant the customer a reasonable deadline for stating such position. If no statement of position is made within this deadline, Oxyzer will be entitled to assume that the third-party complaint has merit and will be entitled to delete the content giving rise to the complaint, block web space packages or server or to exclude them from access in any other appropriate way. If the customer calls the merits of the complaint into question in substantiated manner and if this gives rise to justified doubts, then Oxyzer will inform the third party accordingly and, if Oxyzer considers this appropriate, will request evidence to prove the alleged infringement of rights. If the third party fails to take a position in response or if the third party fails to produce any required evidence, then Oxyzer will assume that the third-party complaint is without merit. If the third party issues a statement of position which shows an infringement of its rights or if the third party provides evidence to such infringement, also taking account any exculpatory statements of the customer, then Oxyzer will be entitled to delete the content giving rise to the complaint, block web space packages or server or to exclude them from access in any other appropriate way. The customer’s payment obligations remain unaffected in this case.

Third Party Websites.

The Services may contain links to other websites that are not owned or controlled by Oxyzer (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.


Termination and Non-PaymentFailure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Oxyzer, including without limitation, any arbitration and legal fees and Oxyzer’s reasonable attorneys’ fees. If any check is returned for insufficient funds, Oxyzer may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.

Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving Oxyzer notice by support ticket. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Oxyzer’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact Oxyzer to cancel your account.

Termination by Oxyzer. Oxyzer may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Oxyzer; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Oxyzer or others, cause Oxyzer or others to incur liability, or disrupt Oxyzer’s business operations (as determined by Oxyzer in its sole discretion); (iv) you are abusive toward Oxyzer’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Oxyzer will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Modification of Services.
Oxyzer reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Data Deletion.
Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. Oxyzer is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore.

Technical Support Services

Except as described otherwise stated below, Oxyzer will provide technical support via chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Oxyzer’s Technical Support Services, you grant Oxyzer permission to access your account, if necessary, to resolve your issue. You agree that Oxyzer and its agents and employees are not liable for any damage resulting from the provision of customer support.

Ineligibility for Technical Support Services. Oxyzer will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Oxyzer’s control, or (ii) your failure or refusal to implement changes recommended by Oxyzer; or (c) you are abusive toward our staff in any manner.

Governing Law, Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of italy. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in the state court located in Lanciano, Italy.
You irrevocably consent to the exclusive jurisdiction of such court in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

Entire Agreement

Oxyzer and Subscriber are independent contractors and nothing contained in this Agreement places Oxyzer and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Oxyzer. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Oxyzer may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products nor services against you as if it were a party to this Agreement.



Oxyzer maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link:

You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

-Use or contain invalid or forged headers

-Use or contain invalid or non-existent domain names

-Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path

-Use other means of deceptive addressing

-Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party

-Contain false or misleading information in the subject line or otherwise contain false or misleading content

-Fail to comply with additional technical standards described below

-Otherwise violate Oxyzer’s User Agreement, AUP and other Terms of Service

Oxyzer does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Oxyzer does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Subscribers or users, including but not limited to Subscriber e-mail addresses, which are Oxyzer’s confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

Oxyzer does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any Oxyzer product or service.

We monitor for SPAM all traffic to and from our servers. Customers suspected of using Oxyzer’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Oxyzer’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.

Subscribers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Oxyzer may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

Subscribers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

Subscribers are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.

It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Oxyzer systems, networks or resources. E-mail not in compliance with this policy – regardless of source – which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Oxyzer is prohibited.

If Oxyzer believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Oxyzer may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Oxyzer reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a Subscriber without any notification. In addition to any and all other rights hereunder or otherwise, if a Subscriber is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Oxyzer’s sole judgment, which could disrupt Oxyzer’s business operations.

To report an incidence of SPAM, please mail to abuse[at]

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Oxyzer’s rights.

Unauthorized use of Oxyzer’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender.

Data protection
Oxyzer renders its services in compliance with EU Regulation 2016/679 (General Data Protection Regulation), the European Data Protection Act, the data-protection laws of the European Federal States as well as the European Telemedia Act and the European Telecommuniations-Telemedia-Data-Protection Act.

Oxyzer is free to process personal data relating to the customer without any further-reaching consent, insofar as this is required to establish and implement the contract or for billing purposes

Insofar as the customer also wishes to process personal data in conjunction with the services of Oxyzer, the customer will remain the sole “controller” within the meaning of data-protection law.

Oxyzer will process the personal data as a “processor” acting for a controller within the meaning of Article 28 of the General Data Protection Regulation (GDPR), insofar as an agreement on data processing on behalf a controller is concluded.

The customer is hereby advised that Oxyzer essentially has no way of determining whether or not the customer is even processing the personal data of third parties, or which categories of personal data of data subjects, if any, are being processed, or the manner or purpose of such processing. Thus, the customer is under obligation to give Oxyzer the required information regarding such data processing.

Oxyzer hereby expressly advises the customer that, given the current state of technology, it is impossible to fully guarantee data protection for data transfers performed via open networks like the internet. The customer is hereby advised that, depending on the ordered hosting service, Oxyzer has the technical means to at any time inspect the data that the customer has stored on the server, insofar as the customer does not use a secure data-encryption system. Other users of the internet may also be able, under certain circumstances, to circumvent network security in unauthorized fashion and to control message traffic, insofar as the customer does not transfer data in a securely encrypted manner.