This agreement constitutes a contract between you (hereafter "Client", "the client", or "you") and OxONet, Inc. (hereafter "OxONet", "we", or "us"). By submitting an order for OxONet services, you indicate that you have read this agreement and agree to abide by its terms and conditions.

The Short Version

In exchange for your timely payments, we agree to provide the web hosting services you have ordered. If you have any problems with our services or questions about them, or if you wish to make changes to your account, you may e-mail us and we will provide free and timely customer support.

We will always do our best to keep our services operational 24/7. We will keep backups of your data and keep them up-to-date daily. However, we do not guarantee that our services will be available at any given time, or that our backups will always contain your most recent data.

We guarantee that in any given month, your web site will be operational 99.9% of the time (all but about 3 hours per month). If we do not meet this commitment, you will get a month of service free. We may occasionally schedule extended downtime for system upgrades which is not counted as time against our 99.9% uptime guarantee. We will always notify you via e-mail at least 24 hours in advance of scheduled downtime. You agree that we are not liable for any damage to your business as a result of problems with our services or equipment, or as a result of the actions of any third party.

If you do not make payments on time, we may suspend your account until you make your payments. After 30 days of non-payment, we may choose to permanently cancel your account and delete all your data from our servers unless you have made special arrangements with us in advance.

You may not use your account to do anything illegal, annoying, or disruptive to other users or to our servers. You may not place adult content on our servers. If we decide that you are breaking any of these rules, we may suspend or cancel your account without notice and without any refunds, and may report you to the appropriate authorities and/or take legal action against you. We will hold you responsible for any damages that result to our equipment or business as a result of your actions.

The Long, Legal Version

OxONet provides web hosting services. OxONet reserves the right to suspend or cancel any client's access to any portion or all of OxONet services, when OxONet deems that the account has been used inappropriately. OxONet reserves the right to refuse service and/or access to its servers to anyone.

Web site clients are not allowed to resell any web hosting services off of their web site to other third parties.

OxONet prohibits sites engaged in:

• Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.
• Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a 500 dollar clean up fee.
• Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, and reselling CGI scripts.

Adult content

The determination of what is "adult content" and prohibited shall be solely made by OxONet. Should a policy violation occur, OxONet reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to OxONet's system, servers, connectivity, reputation, business, service, network, operations, or equipment.

Web Site Content

The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on OxONet servers). OxONet is not responsible for any lost files, information, or data.

Should any data need to be recovered from OxONet's backup location, there may be a charge not exceeding $100 for this service. OxONet does not guarantee to possess the most current copy of a client's website.

Support

Free customer support is provided via email.

Payment Policy

All services are on a monthly, quarterly, or yearly prepayment basis. OxONet accepts payment via credit card, checks, and corporate money orders. OxONet reserves the right to refuse to provide service to Client until payment for the upcoming service period is paid in full.

If Client fails to make an outstanding payment to OxONet within thirty (30) days after the payment is due, OxONet reserves the right to delete the client's web site content from our servers without notice. Once an order is successfully submitted, the client is subject to OxONet's refund policy.

All monetary transactions will occur in $US dollars.

Bills and invoices will be sent by electronic mail (e-mail).

If the client chooses to register a domain with a company other than OxONet, client recognizes that any payments to maintain this domain are separate from OxONet service fees. Client will be solely responsible for timely payments to the third-party domain registrar, and Client recognizes that failure to make such payments may interfere with accessibility of Client's web site.

30 Day Money Back Guarantee

If the client is not happy with OxONet's services, and cancel within thirty (30) days, then they will receive a full refund of service fees paid. If the client cancels after the thirty (30) day period, there will be no refund. Special contracts between OxONet and the client are not subject to the 30 Day Money Back Guarantee.

99.9% Uptime Guarantee

OxONet warrants that its servers and services will be fully operational for 99.9% of the time in any given month, counted from 12:00 AM on the first day of the month to 11:59 PM on the last day of the month. If OxONet does not meet this guarantee, the client is entitled to a credit to client's next bill equal to one (1) month of service. If client cancels his/her account before the next billing cycle, this refund does not apply. OxONet will, in good faith, attempt to contact all customers who have been affected by a failure to meet the guarantee. If the client believes that OxONet has not met the uptime guarantee and OxONet has not made an announcement as such to the client, it is the client's responsibility to contact OxONet concerning the refund within thirty (30) days of the failure by OxONet to meet the guarantee. If the client does not contact OxONet in this case, OxONet shall not be held responsible for providing any refund.

OxONet may schedule downtime at any time by sending e-mail to the client at least 24 hours prior to the time at which the downtime is scheduled. Such downtime will not be counted against the 99.9% uptime guarantee. OxONet will strictly limit such downtime to only times when it is absolutely necessary, and will in good faith attempt to meet the uptime guarantee in spite of scheduled downtime.

Renewal Policy

Prepayment is due each billing cycle following the date the account was established.

Renewal Notification and Billing Schedule

An invoice will be sent via electronic mail prior to each billing cycle. The client's credit card will be charged at the time of invoicing. If the client is paying by check, payment must be received by OxONet by the beginning of the next billing cycle. The client's first payment must be received by OxONet before the client's account will be activated. After a successful payment, an email notification will be sent to the client.

Additional Features

Additional features can be added at any time via the online control panel or by e-mailing customer support. The client will be charged for a feature beginning in the month in which it was added. Feature prices are not prorated.

Account Reactivation

If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $25.00 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid. If an account was cancelled due to policy violation, OxONet will not reactivate the account.

Cancellation

OxONet reserves the right to terminate service at any time and will provide a full refund of any prepaid service fees for future billing periods. If an account is terminated for a policy violation there will be no refund. OxONet reserves the right to delete the policy violating web site content without notice. Customers can cancel service at any time via email to an OxONet sales representative. If the client requests cancellation, their account will be terminated at a specified date or immediately. OxONet will, at the client's request, supply the client with a copy of the client's web site content. After this data has been supplied to the client, OxONet may delete the client's web site content from our servers without further notice.

Indemnification

Client agrees to defend, indemnify and hold harmless OxONet against any liabilities arising out of defective products sold to customers from OxONet servers, personal injury or property damage caused by products or services sold or distributed from OxONet servers, any material that infringes or allegedly infringes on the rights of a third party available from OxONet servers, and any material that libels or allegedly libels a third party available from OxONet servers.

Disclaimer

OxONet is not responsible for any damages to any client's business. OxONet makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of OxONet's web hosting and email service is at the client's sole risk. OxONet's services are provided on an "as is, as available" basis.

OxONet does not guarantee that our services will be uninterrupted or error free. OxONet will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will OxONet be liable for any claims resulting from the use or inability to use OxONet's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to OxONet servers, DNS registry problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

OxONet reserves the right to revise these policies from time to time. OxONet will post the most recent version of this agreement on our web site.

If you are registering or transferring a domain name for your OxONet account, the domain will be registered with OpenSRS, OxONet's registrar, or transferred there from your previous registrar.  OpenSRS and OxONet require you to abide by the terms of the following agreements:

Domain Registration Agreement

ICANN Uniform Domain Name Dispute Resolution Policy