Terms of Service

Indemnification Policy:

You agree to use all OxaByte services and facilities at your own risk. OxaByte specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall OxaByte be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold OxaByte harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against OxaByte, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OxaByte against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with OxaByte’s server.

OxaByte reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from OxaByte’s servers. OxaByte shall be the sole judge of what violates this Policy.

Billing/Refunds:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied). All Requested Refunds will be held for 2 – 5 business days depending on amount. We hold the right to withhold a payment without refund if we suspect anyone of malicious behaviors or intentions. We hold the right to suspend your services if you violate any of these terms without refund. OxaByte shall be the sole judge of what violates this Policy.

We do not offer refunds on Dedicated Servers & Domain Names

We accept Crypto Currency , Paypal, Credit/Debitcards through our accepted payment processors. For webhosting plans we will setup your account once the first payment has been received. Clients are encouraged to pay by Crypto Currency as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. Any charge backs on any of our payment processors will result in suspension of your account without refund. Refunds are only appliable for webhosting packages.

Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.

Acceptable Use Policy:

All services provided by OxaByte.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any German, State or City law is prohibited. This includes, but is not limited to: material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless OxaByte.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. OxaByte.com reserves the right to determine what is and what isn’t acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate).

CGI Scripts:

Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however OxaByte reserves the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts or website types:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, OxaByte reserves the right to terminate the account without the possibility of a refund (even if the 3 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then OxaByte will inform the client about the abusive content. OxaByte also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:

IRC scripts, eggdrops, bots

Mail bomber and spam scripts

Port scanners

PPC site scripts

PTC site scripts

Bruteforce Programs or scripts

File sharing, dump and mirroring service scripts (like mega, rapidshare)

Top sites generator scripts

Credit card Dump websites

Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts

Child pornography (If OxaByte is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)

Any kind of abusive content found on our servers should be reported to [email protected]. OxaByte will handle any abuse report with the highest priority and interest. OxaByte will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared or vps servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.

DMCA Ignored Hosting Policy

DMCA is not a regulation of the host country so suspension or termination WILL NOT be executed upon the receiving of a DMCA complaint. Any website takedown notice that is not processed via Dutch authority will be discarded. External linked content is not considered to be hosted in our servers or network and the complainer should contact the abuse team of the involved external provider.

Freedom of speech:

The Dutch Constitution respects freedom of speech. Consequently, we do not censor our members on the basis of content. The Customer is fully responsible of the content, posts, articles hosted in our servers or network. Complainer should forward copy of competent Dutch court order in order to request content removal, in the case that this is not possible the complainer will need to work directly with the Website operator to resolve the situation.

Background Running Programs:

Background daemons on shared hosting accounts in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

Commercial Advertising and Spam E-mails:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.85 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

LIMITATION OF LIABILITY:

OxaByte.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from OxaByte.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, OxaByte.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of OxaByte.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to [email protected]. All complaints will be investigated promptly.

DISCLAIMER:

OxaByte intends to provide the best possible web hosting service to each of its clients. OxaByte shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, OxaByte.com cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, OxaByte will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by OxaByte. OxaByte.com retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.