Terms and Conditions

AUTHORIZATIONS

CLIENTS and Customers will use LOXIA's services in a manner consistent with all applicable local, state, and federal regulations and laws. CLIENT agrees to pay and authorizes LOXIA to charge all fees due using the payment information provided by CLIENT at the time of application.

DISCLAIMER

LOXIA will not be responsible for any damages suffered by CLIENT. LOXIA'S service is provided on an "as is, as available" basis. LOXIA gives no warranty, expressed or implied, for the LOXIA's services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LOXIA and its employees. Any damages incurred by CLIENT due to disruption of service by LOXIA or its providers shall be expressly limited to the fees paid by CLIENT to LOXIA for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.

INDEMNIFICATION

CLIENT agrees that it shall defend, indemnify, save and hold LOXIA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against LOXIA, 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. CLIENT agrees to defend, indemnify and hold LOXIA harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a PROVIDER server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

LOXIA expects that its CLIENTS will fully comply with all applicable laws. A customer's failure to comply with those laws will violate this policy. Finally, LOXIA wishes to emphasize that in accepting services, CLIENTS indemnify LOXIA for the violation of any law or LOXIA policy that results in loss to LOXIA or the bringing of any claim against LOXIA. This means, among other things, that if LOXIA is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against LOXIA plus costs and reasonable attorneys' fees.

CLIENT RESPONSIBILITIES

Effective use of LOXIA's services presumes a certain degree of knowledge and skill on the part of the CLIENT. For example, it is presumed that CLIENT possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, Telnet, and web-browsing. Creating and publishing a web site on LOXIA's servers will require some knowledge of either HTML programming or the use of HTML editors, such as Microsoft FrontPage. Certain advanced applications may require a certain level of competence with CGI/Perl programming applications. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required. LOXIA will not be held responsible for CLIENT's inability to use LOXIA's services due to CLIENT's lack of the requisite knowledge and skills.

DOMAIN NAME REGISTRATION

Domain name registration is a separate and independent service from domain and web hosting.

CLIENT accepts sole responsibility for monitoring and maintaining the status of CLIENT's domain name registrations, as well as payment of all applicable domain name registration and renewal fees. LOXIA does not monitor the registration status of domain names hosted on LOXIA's servers. LOXIA's services are independent of account usage and domain name records, and remain in effect (and billable) regardless of the status of CLIENT's domain name record.

LOXIA will provide reasonable assistance to CLIENT in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying CLIENT with the necessary information to effect registration or modification of CLIENT domain. LOXIA will not, under any circumstances, make changes to any part of a domain name record except nameserver and technical contact information relating to the pointing of CLIENT domain name to LOXIA's servers.

POSSESSORY LIEN

LOXIA maintains a possessory lien on CLIENT's domain name and files from the date that any associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, release of CLIENT's domain name and/or files shall be at the sole discretion of LOXIA.

NOTIFICATIONS

LOXIA relies on e-mail as the primary means of notifying CLIENTs of important system news, problems with CLIENTs' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to CLIENT domain's primary e-mail address and/or to the contact e-mail address provided by CLIENT upon application for services. CLIENT agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. CLIENT agrees to notify LOXIA of any changes to CLIENT's physical or e-mail address, telephone numbers, etc.

POLICY CHANGES

These policies may change with or without notice. CLIENT agrees to comply with these policies in their current and future state. CLIENT agrees to periodically review published policies to ensure understanding of and compliance with current policies.

REFUSAL OF SERVICE

LOXIA reserves the right to refuse or cancel service at LOXIA's sole discretion, with or without reason, with or without warning.

ACCEPTANCE

CLIENT expressly understands, acknowledges, and agrees that in submitting an application and paying for any and all services to be rendered by LOXIA, CLIENT shall abide by all Terms and Conditions stated herein.

JURISDICTION

CLIENT agrees to submit to the jurisdiction of the applicable municipal, county, state or federal court of LOXIA's physical residence for any litigation, mediation, or arbitration which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of LOXIA's residence. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney's fees and court costs.