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CIN: U74999PB2016PTC045616​GSTIN: ​​03AACCO3599B1ZO

Hosting and Server Policy

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IMPORTANT NOTICE: *All Payments to OXO Solutions are Non-Refundable*

OXO Solutions (“OXO Solutions”, “The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of OXO Solutions Services constitutes acceptance and agreement to OXO Solutions’s AUP (Authorized Usage Policy) as well as OXO Solutions’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS and AUP of OXO Solutions. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the province of Ontario and Canada.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to Canadian law enforcement agents without consent or notification to the Subscriber. OXO Solutions will not disclose subscriber information to third-party or international agencies unless a Canadian court order is obtained. In addition, OXO Solutions shall have the right to terminate all service set forth in this Agreement.

  1. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
  2. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by OXO Solutions are subject to the current tax rate as imposed by the province of Ontario and Canada.
  3. Payments and Fees: Service will be suspended on accounts that reach 5 days past due and a 10% late fee will be added to the outstanding balance.Once a bill is 2 days overdue, service will enter into a ‘suspended state’. In the ‘suspended state’ client data will not be in jeopardy. Services will be terminated on accounts that reach 10 days past due. Once a Cloud or VPS service enters the ‘terminated state’, data will be lost as the entire virtual instance gets automatically deleted. Dedicated servers entering into a ‘terminated state’ are in high-risk of data being lost (example: in the event of a server being re-provisioned).
  4. Refund and Disputes: All payments to OXO Solutions are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Company’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay OXO Solutions an “Administrative Fee” of no less than $100.
  5. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges.
  6. Account Cancellation: All requests for canceling accounts must be made from the client portal. Upon the cancellation notice, OXO Solutions has the right to reclaim the server immediately. To keep servers online until the end of the billing cycle you must cancel the server on the due date.
  7. 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.
  8. Support Boundaries:OXO Solutions provides 24×7 technical support to our Subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: OXO Solutions provides support related to your hosting’s physical functioning. OXO Solutions does not offer technical support for application specific issues such as cgi programming, html or any other such issue. OXO Solutions does not provide technical support for YOUR customers. If you can email, we encourage you to email support (at) oxosolutions (dot) com for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
  9. Inbound/Outbound DDoS Attacks: DDoS is an acronym for Distributed Denial of Service Attack. A type of denial of service attack in which an attacker uses malicious code installed on various computers to attack a single target. An attacker may use this method to have a greater effect on the target than is possible with a single attacking machine. As a OXO Solutions user, you are ultimately responsible for making sure that your account is secured, and that no root kits or viruses are on your server.

    1. Violation of this Inbound/Outbound DDoS policy will result in severe penalties. Upon notification of an alleged violation of this policy, whether your server has become the victim of a DDoS Attack or you are deliberately performing the DDoS, OXO Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, OXO Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our DDoS policy, OXO Solutions may, at its sole discretion, restrict, suspend or terminate customer’s account
    2. As our Customers are ultimately responsible for the actions of their clients over the OXO Solutions network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
  10. SPAM and Unsolicited Commercial Email (UCE):OXO Solutions takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of OXO Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

    1. Violation of OXO Solutions’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, OXO Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, OXO Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, OXO Solutions may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, OXO Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. OXO Solutions will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an “Administrative Fee” of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175.00 per hour that OXO Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers.
    3. As our Customers are ultimately responsible for the actions of their clients over the OXO Solutions network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
  11. IMPORTANT NOTICE: EFFECTIVE IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
  12. Network Issues

    1. IP Address Ownership: If OXO Solutions assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to OXO Solutions, and Customer shall have no right to use that Internet Protocol address except as permitted by OXO Solutions in its sole discretion in connection with the Services, during the term of this Agreement. OXO Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by OXO Solutions, and OXO Solutions reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
    2. System and Network Security: Users are prohibited from violating or attempting to violate the security of the OXO Solutions Network. Violations of system or network security may result in civil or criminal liability. OXO Solutions will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      5. Taking any action in order to obtain services to which such User is not entitled.
      6. If your service is abusing our network we have the right to suspend and/or terminate your server without notice. Additional administration fee’s may apply.
  13. Notification of Violation:

    1. OXO Solutions is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    2. Limits on Account Privileges: Any User, which OXO Solutions determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at OXO Solutions discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
    3. Account Suspension: Users that OXO Solutions determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    4. Loss of Preferred Member Status: We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you.
  14. Suspension of Service or Cancellation: OXO Solutions reserves the right to suspend network access to any customer if in the judgment of the OXO Solutions network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which OXO Solutions chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
  15. OXO Solutions reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of OXO Solutions must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
  16. Indemnification: OXO Solutions wishes to emphasize that in agreeing to the OXO Solutions AUP and Terms of Service (ToS), customer indemnifies OXO Solutions for any violation of the AUP and Terms of Service (ToS) that results in loss to OXO Solutions or the bringing of any claim against OXO Solutions by any third-party. This means that if OXO Solutions is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against OXO Solutions, plus all costs and attorney’s fees.
  17. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. OXO Solutions takes no responsibility for any material input by others and not posted to the OXO Solutions Network by OXO Solutions. OXO Solutions is not responsible for the content of any other websites linked to the OXO Solutions Network; links are provided as Internet navigation tools only. OXO Solutions disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
    4. OXO Solutions is not responsible for any damages your business may suffer. OXO Solutions does not make implied or written warranties for any of our services. OXO Solutions denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by.
  18. Responsibility for Content: You, as OXO Solutions customer, are solely responsible for the content stored on OXO Solutions Hosting Services.

Acceptable Use Policy

OXO Solutions Acceptable Use Policy “AUP” is provided to give our customers and users a clear understanding of what OXO Solutions expects of them while using the service. All users of OXO Solutions Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of OXO Solutions Service constitutes acceptance and agreement to OXO Solutions AUP as well as OXO Solutions TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To OXO Solutions Are Non-Refundable

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. OXO Solutions may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your OXO Solutions account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understanding of OXO Solutions Acceptable Use Policy. The following are guidelines for the establishment and enforcement of AUP

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities, which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

OXO Solutions intends to provide its customers access to everything the Internet has to offer. While OXO Solutions is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the OXO Solutions and the Internet and cannot be permitted under the guise of free speech. The resources of the OXO Solutions and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which oxosolutions.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.

If a OXO Solutions account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at

contact (at) oxosolutions (dot) com.

VIOLATIONS OF OXO SOLUTIONS ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

  • Illegal Use: OXO Solutions services may not be used for illegal purposes, or in support of illegal activities. OXO Solutions reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  • Harm to Minors: Use of the OXO Solutions service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  • Threats: Use of the OXO Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Harassment: Use of the OXO Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  • Fraudulent Activity: Use of OXO Solutions service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes”, “ponzi schemes”, and “chain letters”.
  • Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous “remailers” or nicknames does not constitute impersonation.
  • Unsolicited Commercial E-mail / Unsolicited Bulk email (SPAM): Use of the OXO Solutions service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending OXO Solutions account.

IMPORTANT NOTICE: EFFECTIVE IMMEDIATELY

anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  • Email / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending OXO Solutions account.
  • Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the OXO Solutions service is in violation of this AUP
  • Usenet SPAMing: OXO Solutions has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  • Unauthorized Access: Use of the OXO Solutions service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of OXO Solutions or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending OXO Solutions account is subject to immediate termination.
  • Copyright or Trademark Infringement: Use of the OXO Solutions service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • Collection of Personal Data: Use of the OXO Solutions service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  • Network Disruptions and Unfriendly Activity: Use of the OXO Solutions service for any activity, which affects the ability of other people or systems to use OXO Solutions Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. OXO Solutions will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  • Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  • Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  • Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  • Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using OXO Solutions services could result in suspension service.
  • Third Party Accountability: OXO Solutions subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
  • Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks.

Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

Users who violate systems or network security may incur criminal or civil liability. OXO Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations

Network Performance: OXO Solutions accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner that impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs, which negatively impact other customers or the performances of OXO Solutions systems or networks. OXO Solutions reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF OXO SOLUTIONS AUP

OXO Solutions requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse (at) oxosolutions (dot) com.

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zones or offset from GMT
  • Evidence of the alleged violation
  • E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

OXO Solutions may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member’s newsgroup posting privileges
  • Suspend the Member’s account
  • Terminate the Member’s account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

OXO Solutions reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Privacy Policy

OXO Solutions has a long-standing policy of protecting customer privacy.

We believe that you should know what information we collect from you, as well as how that information is used, disclosed, and protected. We have created this policy statement (the “Policy”) to explain our privacy practices and policies..

We will not sell or disclose your personal information to unaffiliated third parties without your consent except as otherwise provided in this Policy or our Terms of Service and Appropriate Use Policy. We may use information about who you are, where and when you browse on the Web, where your wireless device is located, and how you use our network to provide you better service and enrich your user experience when you sign up or use any of our products or services.

OXO Solutions will revise and update this Policy as it deems appropriate, including, for example, if our practices change or if changes in the law so require. You should refer back to this page for the latest information.

1. Application of OXO Solutions SLA

These OXO Solutions Service Level Agreements (SLAs) provide Customer with certain rights and remedies regarding the performance of the OXO Solutions and servers (as defined below). Use of OXO Solutions Service constitutes acceptance and agreement to OXO Solutions AUP (Acceptable usePolicy) as well as OXO Solutions TOS (Terms of Service) available on http://oxosolutions.com

2. Definitions

For purposes of these OXO Solutions SLAs, the following terms have the meanings set forth below:

* “Base Monthly Service Fee” consists solely of the base monthly fee paid by Customer for the affected OXO Solutions service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under OXO Solutions standard rates, hourly support, and other types of optional additional services.

3. Summary of OXO Solutions SLAs

As described in more detail below, this OXO Solutions SLAs provides commitments based upon goals in the following key areas:

4. OXO Solutions Availability

100% Service Uptime Guarantee
Do to our extensive network infrastructure, OXO Solutions can provide its customers with a 100% Network Uptime Guarantee. In the event that any service does not experience 100% uptime in a given month, OXO Solutions will credit 5% of customer’s base monthly service fee for the first hour of downtime and subsequently an additional 5% for each hour of downtime thereafter with a maximum of an 80% refund. Any emergency scheduled downtime taken by OXO Solutions will not apply towards this downtime calculation, nor to the credit calculation. This guarantee applies to OXO Solutionss network uptime and not to any hardware, software or services running on a customer’s server.

Account credits will be issued when an SLA credit request is made by the client. All requests for credits must be made within 3 days of the incident. All requests for credits must be made by creating a support ticket at http://oxosolutions.com/manage/.

5. Exceptions

OXO Solutions cannot be held liable for server downtime or data loss in any circumstance unless due to direct negligence including but not limited to the following circumstances:

5.1. Circumstances beyond OXO Solutions reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the OXO Solutions SLAs;

5.2. Failure to access circuits to the OXO Solutions Network, unless such failure is caused Solely by OXO Solutions;

5.3. Scheduled maintenance and emergency maintenance and upgrades;

5.4. DNS issues outside the direct control of OXO Solutions;

5.5. False SLA breaches reported as a result of outages or errors of any OXO Solutions uptime monitoring system; or

5.6. Customer’s acts or omissions (or act or omissions of others engaged or authorized byCustomer), including without limitation, any negligence, willful misconduct, or use of the OXO Solutions or OXO Solutions services in breach of OXO Solutions Terms and Conditions of Service or OXO Solutions Acceptable Use Policy.


OXO Solutions
# 7 Street No. 3,
Baba Deep Singh Colony,
Sann Sahib Road,
Chhehrta, Amritsar, Punjab.
INDIA.

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