Effective Date: 05/06/2025
Legal Entity: Ox2 Net Corp., Registered in Canada
Contact Email: in**@*****ox.ca

1. INTRODUCTION

This Terms of Service Agreement (“Agreement”) governs the use of all hosting, domain registration, domain transfer, and plugin development services (“Services”) provided by Ox2 Net Corp. (“Company”, “we”, “us”, or “our”) to any individual, organization, or legal entity (“Client”, “you”, or “your”). This Agreement is a binding contract between the Client and Ox2 Net Corp. and applies whether the Services are accessed via web interfaces, APIs, or otherwise.

By using our Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.

2. SCOPE OF SERVICES

Ox2 Net Corp. provides the following services:

  • Domain registration and transfer (ICANN-accredited partners)
  • Shared web hosting, VPS hosting, and Web Hosting Plus
  • Managed WordPress hosting and WooCommerce hosting
  • Development and integration of WordPress plugins
  • Proxmox-based VPS hosting solutions (Linux KVM & LXC)
  • Data centers in over 23 countries, with primary jurisdictions in Canada, the U.S., and Chile

We utilize virtualization technologies, including Proxmox VE, for secure and high-availability hosting architecture.

3. ELIGIBILITY

Clients must be at least 18 years old and legally able to enter into a binding contract under applicable law. By registering, you represent and warrant that you meet these criteria and have full authority to bind the organization you represent.

4. JURISDICTION AND GOVERNING LAW

4.1 Canada
For Clients domiciled in Canada, this Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Disputes shall be resolved exclusively in the courts of British Columbia.

4.2 United States
For Clients in the U.S., this Agreement is governed by the laws of the State of Washington, excluding its conflict of law rules. Disputes shall be settled in the federal or state courts of King County, Washington.

4.3 Chile
For Clients in Chile, this Agreement is governed by the laws of the Republic of Chile. Jurisdiction resides with the Tribunales Ordinarios de Justicia in Santiago.

4.4 International Clients
Clients outside Canada, the U.S., or Chile agree to waive any right to litigate against Ox2 Net Corp. in their own jurisdictions. Disputes must be arbitrated under Canadian jurisdiction unless otherwise agreed in writing. This clause is in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

5. DATA RESPONSIBILITY AND SECURITY

Clients are solely responsible for the backup and integrity of their data. Ox2 Net Corp. shall not be held liable for any data loss, corruption, or breach resulting from:

  • Force majeure events
  • Client misconfiguration
  • Exploits in third-party software (e.g., WordPress plugins/themes)
  • Delayed or missed backups by the client

Clients acknowledge that under Section 230 of the U.S. Communications Decency Act and Canada’s Safe Harbour provisions, Ox2 Net Corp. is not liable for content uploaded, stored, or transmitted by its clients.

We are not subject to HIPAA, PCI-DSS, or any industry-specific data retention laws unless a separate Data Processing Agreement is executed.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL OX2 NET CORP. BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • DAMAGE FROM CYBERATTACKS OR UNAUTHORIZED ACCESS
  • CLAIMS BY THIRD PARTIES DUE TO CLIENT CONTENT

Total liability is limited to the amount paid by the client for the three (3) most recent months of service.

Statutory Support:
Canada: Section 11 of the Consumer Protection Act (British Columbia) for limitation of remedies
U.S.: Uniform Commercial Code (UCC §2-719)
Chile: Article 1546 et seq. of the Civil Code

7. DOMAIN SERVICES

Clients registering or transferring domains acknowledge compliance with:

  • ICANN Uniform Domain Name Dispute Resolution Policy (UDRP)
  • Applicable WHOIS disclosure requirements under Canadian PIPEDA, U.S. CPRA, and Chilean Law 19.628

We are not liable for domain loss due to client mismanagement (e.g., DNS misconfiguration, expired payment).

8. ACCEPTABLE USE POLICY (AUP)

Clients agree not to use our services to:

  • Host or distribute malware, phishing, or illegal content
  • Infringe on intellectual property
  • Harass or defame others
  • Launch DDoS attacks or interfere with infrastructure

Violation may result in immediate suspension or termination without refund.

9. SERVICE AVAILABILITY

We aim for 99.9% uptime. Scheduled maintenance may be announced in advance. However, uptime is not guaranteed, and clients agree not to pursue claims arising from service unavailability unless explicitly stated in an SLA.

10. ACCOUNT TERMINATION

We may suspend or terminate any account for:

  • Non-payment after 7 days
  • Violation of this Agreement
  • Legal request or injunction
  • Excessive resource abuse

Content and backups will be purged 14 days after termination unless otherwise agreed in writing.

11. FORCE MAJEURE

Ox2 Net Corp. is not liable for failure to perform due to circumstances beyond its control, including natural disasters, terrorism, power failures, regulatory actions, or supply chain interruptions.

12. MODIFICATIONS TO THIS AGREEMENT

We reserve the right to update this Agreement at any time. Continued use of services after changes are published constitutes acceptance.

13. DISPUTE RESOLUTION

All disputes will be resolved through binding arbitration in Vancouver, British Columbia, under the rules of the British Columbia International Commercial Arbitration Centre (BCICAC), unless another forum is mutually agreed upon.

Arbitration is final and binding. Clients waive the right to join class actions or sue in any foreign jurisdiction.

14. ENTIRE AGREEMENT

This document constitutes the entire agreement between Ox2 Net Corp. and the Client regarding the Services. It supersedes all prior or contemporaneous agreements, oral or written.