Terms and Conditions

The Terms and Conditions outlined below govern the contractual relationships between Oxito and the client.   Their subject is the web hosting service provided by Oxito in return for payment.  Oxito reserves the right to modify them at any time, however the client will be informed by email and is entitled to cancel the hosting contract, but may not request any indemnity whatsoever.

Hosting offer

  • Oxito will only provide support for the options included in the chosen offer.  Oxito does not offer tailor-made solutions; it is not possible to request options which are not included in the chosen offer.  The client may however upgrade to a superior offer at any time.
  • Electronic mail is not submitted to a disk space quota, which means that the number of emails that you receive is unlimited.  However, e-mails stored in "Deleted items" and "Spam" folders (accessible on Webmail or in IMAP) are deleted after 15 days.  The maximum message size authorized by email is 20 Mb.
  • The traffic per web site is unlimited for the PREMIUM, EVO and CLASSIC offers; it is limited to 1 Gigabyte per month for the MINI offer.  If this quota is exceeded the account will be blocked.  By “unlimited traffic”, Oxito means that the number of visitors, hits, pages viewed, and requests on your site is unlimited.  The bandwidth is guaranteed at 1024 Kb/s per site.
  • The MySQL database may only be accessed using the server name "localhost", i.e. exclusively from the web server itself.  There will be no possible access from the outside.  Persistant connections are not authorized.
  • Log files are deleted periodically; we therefore recommend that clients wishing to keep a record of their log history should download them regularly.
  • The use of CGI scripts (Perl, PHP or another) must remain in an acceptable range for the configuration of the servers.  All the scripts (PHP, Perl, HTML, etc.) hosted on Oxito’s servers may only be used on the owner’s site.
  • The disk space allocated may only be used to publish information on the Internet (no backup or archiving of private or professional data will be tolerated).
  • It is strictly forbidden to call scripts or pages on the space put at your disposal from IRC bots (to store lists of connected users, for example).
  • The client is responsible for updating his scripts and applications (forum, CMS and others).  He must always use the latest version of the application (forum phpBB, PHP-Nuke, Mambo, and others).  In the event of problems caused by using an earlier version than the most up-to-date version, Oxito is not responsible.
  • Payment of the hosting service subscription signifies the acceptance of the present Terms and Conditions.
  • Audio and video files present on the hosting account will not be saved during backups.

Site maintenance

The design of the site and its maintenance are the responsibility of the client.  We do not provide any support for design problems or problems linked to the installation of CGI or PHP scripts.  Only technical problems with our servers and our installations will be studied and resolved.  Oxito is not responsible for the loss or deterioration of files by the client.  We therefore strongly recommend that the client make backups of their site which are not stored on the server itself.

Duration of contract

The hosting contract is concluded for a minimum of one year (365 days), from the date the hosting service begins.

The client undertakes to maintain and regularly consult a working email address.  Oxito provides the client with an electronic administration console allowing him to manage this information, available at the address my.oxito.com.  Oxito will use this email address exclusively to convey any important information.

Payment

Payment can be made by credit card, bank transfer*, Western Union money transfer*, check or postal deposit slip (only from Switzerland).  The payment must be made before the site is opened.  After payment, an invoice can be downloaded and printed using the administration console.

* Additional bank charges are charged to the client, as with any charges from Western Union.

Renewal

The client will receive an invoice by post 1 month before the end of the hosting contract.  A reminder will be sent by email 15 days, 7 days and 2 days before the end of the hosting contract.  If no payment has been received by the end of the hosting period, the account will be blocked and a final email is sent to the client.  If the client has still not made the payment 10 days after the end of the hosting period, the account will be destroyed, with no possibility for the client to claim for damages.

Cancellation

Clients may cancel their account at any time or at the end of the hosting period using the administration console.  Their account will then be closed and destroyed within 24 working hours.  If the client cancels his hosting service before the end of the contract, no refund may be requested.

Domain name

The annual fees for domain names are charged to the client.

The client may order his domain name from Oxito when ordering the hosting service.  Oxito sells domain names with the following extensions: .com, .net, .org, .info, .biz, .fr, .ch, .li, .re, .be and .eu at the price of 15 euros per year.  For the other extensions, the CLIENT will be responsible for acquiring them himself.

If the domain name was not ordered from Oxito, the administration of the domain name is the client’s responsibility.  By the term “administration”, we mean the activation or transfer of a domain name, in other words, the registration of Oxito’s DNS to ensure that the domain name is directed to our servers. Only the owner of the domain name is authorized to administer his domain name.  Oxito shall not be held liable for the impossibility of transferring a domain name or any resulting delays, since this impossibility does not always invalidate the hosting contract.

Transfer of domain name registrar

By the term “transfer of domain name registrar”, we do not mean the transfer of the beneficial ownership of the right of use but the transfer of the registrar.  The client claims to be the owner of this right of use when requesting the transfer of domain name registrar.  Oxito will carry out the necessary formalities and/or will guide the client in the completion of these formalities.  The customer is however informed that only the person named as administrative contact may validate this transfer.  Oxito shall not be held liable for the impossibility of transferring a domain name or any resulting delays, since this impossibility does not always invalidate the hosting contract.  Oxito is therefore only under an obligation of means.

Retailers

The resale of our web hosting service is authorized. To benefit from our advantageous retailer terms, the CLIENT must sign a retail contract with Oxito.

Prohibited activities 

It is against the policy of Oxito that the users of our web hosting service carry out or participate directly or indirectly in one of the following activities, through Oxito.  Any deviation from these rules shall automatically and without prior notice lead to the closure of the client’s account, without any possible compensation for the latter:

  • Sending out mass e-mails to persons who have not so requested (spamming).
  • The client shall maintain courteous relations with the employees and partners of Oxito, as well as with Oxito’s other clients.
  • Not respecting copyrights, particularly on MP3.
  • Undertaking any other activity which violates the law and threatens the integrity of a computerized system or violates the codes of conduct generally accepted on Internet.
  • Penetrating or trying to penetrate in an unauthorized manner a computerized system.
  • Overusing CPU resources.  This includes, but is not restricted to, MySQL connections and/or certain CGI scripts.  Any use which would cause technical disturbance to Oxito’s infrastructures, or other clients’ sites shall be prohibited, and in the event of it happening again, the account would be blocked, whether or not the client is at fault.
  • Any activity related to sex, whether it be images, articles for sale, forums, etc. is forbidden. Only sites of a therapeutic nature containing no adult images will be permitted.
  • Posting a message in one or several discussions groups (newsgroup, usenet, forum, etc.) which is irrelevant to the theme of these groups.
  • Exchanges of email between the client and technical or sales support are strictly confidential.   It is therefore forbidden to disclose email exchanges to third parties, regardless of the form of communication (electronic or otherwise).
  • The use of CGI scripts (Perl, PHP or another) must remain in an acceptable range for the configuration of the servers.  All the scripts (PHP, Perl, HTML, etc.) hosted on Oxito’s servers may only be used on the owner’s site.
  • It is strictly forbidden to redirect another domain name directly to the main address, to a sub-directory or a sub-domain by means of an external organization (such as ULimit for example).

Oxito’s Liability 

  • Oxito undertakes to provide the best service possible to the client, but Oxito shall not be held liable for possible technical problems beyond its control, such as power cuts, power breakdown or technical breakdown.  Under no circumstances shall the client request damages or compensation resulting from technical problems of any kind whatsoever.
  • Oxito accepts no responsibility for the technical performance of the Internet network, nor for the technical performance of the client’s access provider.
  • If the client’s site is totally or partially unusable, the client must first make sure that the problem does not come from his own hardware or software.  If this is not the case, he shall inform Oxito of the problem, providing all information which may be useful and relevant.  In any case, Oxito will not incur any liability until it has been informed of the problem.
  • No data, particularly email addresses, provided by the client during registration or after, shall be disclosed, resold or shared with third-party companies or partners.
  • Oxito reserves the right to refuse and/or terminate the hosting contract for pages deemed contrary to the morals or principles of the latter, without justification.  Furthermore, if the hosted pages were to contain information, viewpoints or any other such element contrary to current or future laws, the client is solely and exclusively responsible before the courts.  The client undertakes to reimburse Oxito all expenses, without exception, if the pages hosted by Oxito should cause the latter to be recognized as an accomplice of the illegal acts committed by the client.  Indeed, the client enjoys complete freedom with regard to its web space, insofar as it complies with the laws and regulations in force.  It is prohibited to publish any form or content directly or indirectly related to:
    - pornography
    - paedophilia
    - pirated programs
    - any material of a racist nature
    - any material in MP3 format protected under copyright
    - illegal activities.
  • Oxito reserves the right, at any moment and without prior notice, to block access to any Web page which it considers does not comply with the law and which thereby contains unlawful information.
  • Oxito may be contacted directly by the holders of intellectual property rights in the event of an infringement of these rights by the online services offered through Oxito, so that the offending document may be withdrawn or access to it blocked.  Oxito will examine complaints.
  • The posting of links by Oxito does not constitute approval or endorsement of the sites associated with these links.
  • The place of jurisdiction is Lausanne, Switzerland.