Please read these Terms of Service carefully before using Oxflare hosting services. By using our services, you agree to be bound by these terms.
Last Updated: January 15, 2024
Effective Date: January 15, 2024
Version: 3.2
Welcome to Oxflare. These Terms of Service ("Terms", "Agreement") govern your access to and use of Oxflare's website, services, and applications (collectively, the "Services"). This Agreement is a legal contract between you (either an individual or a single entity) and Oxflare Technologies Inc.
Important: By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Services or use any services.
These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Additional terms may apply to specific services, which will be presented to you before you use such services.
For the purposes of these Terms, the following definitions apply:
By registering for, accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.
If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
Age Restriction: The Services are available only to individuals who are at least 18 years old. If you are under 18, you may use the Services only with the involvement of a parent or guardian.
Oxflare reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
We encourage you to review these Terms periodically for any changes. The date of the last modification will be displayed at the top of this page.
To access certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form, and to maintain and promptly update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Oxflare of any unauthorized use of your account or any other breach of security.
Security Responsibility: Oxflare will not be liable for any loss or damage arising from your failure to comply with this security obligation. You are responsible for ensuring that your password remains secure and confidential.
You must provide a valid email address and maintain accurate billing information. Accounts registered with temporary email addresses or false information may be suspended or terminated without notice.
Oxflare provides a variety of cloud hosting and related services, including but not limited to:
Oxflare reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content.
You agree to pay all fees specified in your service order. All fees are quoted and payable in United States Dollars (USD) unless otherwise specified. Fees are based on Services purchased and not actual usage.
Oxflare accepts various payment methods including credit cards, PayPal, bank transfers, and other local payment methods as available in your region. By providing a payment method, you authorize us to charge the applicable fees to that payment method.
Services are billed in advance on a monthly, quarterly, or annual basis as selected during signup. Unless you cancel your account, your subscription will automatically renew at the end of each billing cycle.
Oxflare reserves the right to change service fees upon 30 days' notice. Such notice may be provided at any time by posting the changes to the Oxflare site or through email notification.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, excluding only United States (federal or state) taxes based solely on Oxflare's income.
Refunds are governed by our separate Refund Policy. Certain services may have specific refund terms outlined in their service descriptions.
Your use of the Services is subject to Oxflare's Acceptable Use Policy, which is incorporated herein by reference. The Acceptable Use Policy is designed to ensure the integrity, security, reliability, and privacy of Oxflare's network, systems, products, services, and data.
You agree not to use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Compliance: You are solely responsible for your conduct and content while using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations.
You may not use the Services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including but not limited to:
Zero Tolerance: Oxflare has a zero-tolerance policy for activities that promote or are associated with child abuse, terrorism, or human trafficking. Such activities will result in immediate account termination and reporting to law enforcement.
To ensure optimal performance for all customers, Oxflare implements a Fair Use Policy for resources including but not limited to CPU, memory, disk I/O, and network bandwidth.
Shared hosting resources are shared among multiple users. You may not use resource-intensive programs which negatively impact other customers or the performance of Oxflare systems or networks.
Where services are advertised as "unlimited", this refers to unmetered usage within normal operating parameters. Usage must be consistent with typical demand patterns for similar services.
If your usage exceeds what Oxflare considers normal for your service plan, we may:
You are solely responsible for maintaining copies of your data. Oxflare performs regular backups of shared hosting environments, but these backups are for disaster recovery purposes and are not guaranteed.
Oxflare offers optional backup services for an additional fee. If you do not purchase backup services, you are responsible for maintaining your own backups.
Backup Disclaimer: OXFLARE IS NOT RESPONSIBLE FOR ANY DATA LOSS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE OFF-SITE BACKUPS OF YOUR DATA.
Upon termination of your account, Oxflare may delete all your data. It is your responsibility to download any needed data before account termination.
All rights, title, and interest in and to the Services, including all intellectual property rights therein, are and will remain with Oxflare and its licensors. The Services are protected by copyright, trademark, and other laws.
You retain ownership of any intellectual property rights that you hold in the content you submit to the Services. By submitting content, you grant Oxflare a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for the purpose of providing the Services.
The Oxflare name and logos are trademarks of Oxflare Technologies Inc. You may not use these trademarks without prior written permission from Oxflare.
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by applicable law, Oxflare shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
Oxflare's total cumulative liability to you for all claims arising from or related to these Terms or the Services shall not exceed the total amount of fees paid by you to Oxflare during the twelve (12) month period immediately preceding the event giving rise to such claim.
You agree to defend, indemnify, and hold harmless Oxflare, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
This defense and indemnification obligation will survive these Terms and your use of the Services.
You may terminate your account at any time by following the cancellation process in your account dashboard. Termination will be effective at the end of your current billing period.
Oxflare may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Before filing a claim against Oxflare, you agree to try to resolve the dispute informally by contacting legal@oxflare.com. We'll try to resolve the dispute informally by contacting you via email.
Any dispute arising from these Terms that cannot be resolved informally shall be resolved by binding arbitration in Delaware, USA, in accordance with the rules of the American Arbitration Association.
You may only resolve disputes with Oxflare on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you agree to the collection and use of information in accordance with our Privacy Policy.
If you have any questions about these Terms, please contact us at:
Oxflare Technologies Inc.
Legal Department
123 Cloud Street, Suite 100
Wilmington, Delaware 19801
United States
Email: legal@oxflare.com
Phone: +1 (555) 123-4567
For support inquiries: support@oxflare.com
These Terms of Service were last updated on January 15, 2024.
Previous versions: Version 3.1 • Version 3.0 • Archive
By clicking "I Accept the Terms", you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained herein.
