Terms

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Module A. General

Article A.1. Applicability, ranking and definitions

A.1.1. These General Conditions and the Module General apply to any offer or quotation made by Oxxa.com in respect of Services and form an integral part of any Contract.

A.1.2. The specific modules apply if the Services requested or offered fall within the scope defined in the module. If a specific module applies, it prevails over the Module General. The Module General will then still apply additionally.

A.1.3. Provisions or conditions stipulated by the Contracting Party that deviate from, or are not included in, these General Terms and Conditions are only binding for Oxxa.com if and insofar as Oxxa.com has expressly accepted them In Writing.

A.1.4. Further agreements only prevail over these General Terms and Conditions if they are In Writing and if that is expressly stipulated, or was unmistakably the intention of both parties.

A.1.5. Definitions of terms written with an initial capital letter can be found at the end of the Module General and apply to all modules.

Article A.2. General offer and contracting

A.2.1. Any general offer made by Oxxa.com is without obligation. Pursuant to the general offer, Contractor may complete an (electronic) order form to request Services. This counts as an offer made by Contractor.

A.2.2. Depending on the nature and content of the application and any required accompanying documents, Oxxa.com will accept or reject the application.

A.2.3. Rejection will be possible, for example, but not exclusively, if:

• Required documents are missing or do not meet requirements set by Oxxa.com;

• Security was requested by Oxxa.com and not provided by Contractor;

• Contractor appears to be incapacitated.

A.2.4. If an application is rejected, Oxxa.com shall in principle notify Contractor in writing with reasons within fourteen (14) days of submission. Refusal or no response by Oxxa.com shall never result in liability for any damage, direct or indirect, resulting therefrom.

Article A.3. Specific offer and conclusion of contract

A.3.1. An offer made specifically for Contractor by Oxxa.com is without obligation and valid until 14 days after it is sent by Oxxa.com, unless otherwise indicated in the offer.

A.3.2. Contractor shall accept the quotation, as well as any (Written) contract contained therein or attached thereto, in Writing. If Contractor fails to do so, but otherwise agrees to it, or at least reasonably sufficiently creates that impression, the entire quotation shall be deemed accepted.

A.3.3. The Contract shall come into existence at the moment the acceptance has reached Oxxa.com, unless Oxxa.com has already withdrawn the quotation before or within 48 hours thereafter, in which case no Contract shall come into existence. Withdrawal by Oxxa.com shall never result in liability for damage, direct or indirect, resulting therefrom.

Article A.4. Duration and termination

A.4.1. Each Duration Agreement is entered into for the term mentioned on the Oxxa.com Website, the order form or the quotation. If no term is specified, the Agreement shall be deemed to have been entered into for a term of twelve months from the time of delivery of the relevant Service. Unless otherwise stipulated in the offer or quotation, in the absence of a Written notice of termination in time for a notice period of two months, a Duration Agreement is always tacitly renewed for a period of twelve months. If the Contracting Party is a consumer, a Continuing Contract shall be automatically converted to an indefinite term after the expiry of the first Contract term, after which a notice period of one month shall apply.

A.4.2. Agreements other than Duration Agreements, shall be considered terminated when the performance thereunder has been mutually delivered.

A.4.3. If the Contractor fails to comply with any obligation incumbent upon it under an Agreement, Oxxa.com shall be entitled to suspend the performance of all Agreements concluded with the Contractor without any notice of default or judicial intervention being required and without prejudice to Oxxa.com's right to compensation for damages, lost profits and interest, unless the non-performance in question is of minor importance.

A.4.4. Oxxa.com is entitled to terminate or suspend all or part of the Agreement with immediate effect, without judicial intervention In Writing without any obligation to pay damages or compensation, if:

• Contractor does not fulfill the obligations under the Agreement, in full or in time.

• After the conclusion of the Agreement Oxxa.com learns of circumstances that give good reason to fear that the Contracting Party will not fulfill its obligations.

• Upon entering into the Agreement, the Contracting Party was requested to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient.

• Due to the delay on the part of the Contractor, Oxxa.com can no longer be required to fulfill the Agreement at the originally agreed conditions.

• Contracting party dies, applies for suspension of payment or files for bankruptcy.

• Any of the Contractor's assets are seized.

A.4.5. If the agreement is dissolved on the grounds referred to in article A.4.4, Oxxa.com's claims against the Contractor shall become immediately due and payable. If Oxxa.com suspends performance of its obligations, it shall retain its claims under the law and the Agreement.

A.4.6. If the dissolution is attributable to the Contractor, Oxxa.com shall be entitled to compensation for the loss or damage caused directly and indirectly as a result.

A.4.7. In the event of termination, cancellation or dissolution for any reason whatsoever, Oxxa.com shall be entitled to terminate or suspend the Services and any Accounts associated with that Agreement immediately after the date on which the Agreement ends, and to delete or make inaccessible all data stored in Oxxa.com's systems for the benefit of the Contractor. In doing so, Oxxa.com shall not be obliged to provide Contractor with a copy of such data on its own motion. Prior to termination, however, the Contractor may request a copy.

Article A.5. No cooling-off period

A.5.1. Unless the order, the quotation and/or other valid parts of the Agreement clearly show otherwise, the Contracting Party shall be deemed to consent to commence performance of the Agreement immediately. Consequently, the cooling-off period referred to in Article 7:46d paragraph 1 of the Dutch Civil Code ("BW") and in Article 7:46i of the BW for dissolution of an agreement at a distance, which otherwise applies only to consumers, shall not apply.

A.5.2. If a consumer-Contractor and Oxxa.com have expressly, and remotely, agreed that the provision of services will not commence immediately after the conclusion of the Agreement, such consumer-Contractor shall be entitled to rescind the Agreement within 7 working days after the conclusion of the Agreement, or until the agreed date on which the performance of the Agreement will commence if that is earlier than 7 working days after conclusion.

Article A.6. Execution of the Agreement

A.6.1. Once the Agreement has been concluded, Oxxa.com shall perform it to the best of its ability and under the application of sufficient care and skill.

A.6.2. Terms of delivery quoted by Oxxa.com shall, unless it has been expressly stated in Writing that the term is a deadline, always be indicative in nature. Even in the event of an agreed deadline, Oxxa.com shall not be in default until the Contracting Party has given it notice of default In Writing, subject to the situations prescribed by mandatory law in which default occurs by operation of law.

A.6.3. If and to the extent required for the proper execution of the Agreement, Oxxa.com is entitled to have certain work performed by third parties. Any related unexpected additional costs shall be borne by the Contractor, unless otherwise agreed. These General Terms and Conditions also apply to the work performed by third parties in the context of the Agreement.

A.6.4. The Contractor is obliged to do and refrain from doing everything that is reasonably necessary and desirable to enable a timely and correct performance of the Services. In particular, the Contractor shall ensure that all data, which Oxxa.com indicates are necessary or which the Contractor should reasonably understand are necessary for the performance of the Services, are provided to Oxxa.com in a timely manner.

A.6.5. If the Contractor requires any permit or other permission from government agencies or third parties for the specific use it is giving or intends to give to the Services, the Contractor itself must arrange to obtain it. Contractor warrants to Oxxa.com that it holds all permits and or consents necessary for Contractor's use of the Services.

Article A.7. Service Level Agreements

A.7.1. Depending on the Service, the service level of the Service may be further regulated by an SLA.

A.7.2. Unless the SLA expressly provides otherwise, the provisions therein rank below the provisions in these General Terms and Conditions.

A.7.3. Unless the applicable SLA expressly provides otherwise, the performance standards therein, for example regarding an availability percentage for the Service, do not constitute guarantees but indications.

Article A.8. Account

A.8.1. If so agreed, Oxxa.com shall provide the Contractor and/or Users with an Account. The Account will be accessible by entering a password and user name.

A.8.2. Any action that takes place through the Account of Contractor or a User shall be deemed to have taken place under the responsibility and risk of Contractor. If the Contracting Party suspects or should reasonably suspect or know that misuse of an Account is taking place, the Contracting Party must report this to Oxxa.com as soon as possible so that it can take measures.

Article A.9. Change of service

A.9.1. If Oxxa.com must perform Additional Work, Oxxa.com is entitled to charge the Contractor for the resulting additional costs.

A.9.2. The prerequisite for the right under the previous paragraph is that Oxxa.com has informed Contractor in a timely manner of the circumstances and additional costs referred to therein. If the Contractor cannot agree with the additional costs involved, it shall be entitled to cancel the part of the additional work not yet performed, but without any right to a refund or remission of the costs of (Additional) work already performed.

Article A.10. Retention of title

A.10.1. As long as the Contractor has not made full payment for the entire agreed amount, all goods delivered shall remain the property of Oxxa.com.

A.10.2. Should the Contractor fail to meet any of his obligations under the contract vis-à-vis Oxxa.com, Oxxa.com shall be entitled, without any notice of default being required, to repossess the delivered goods, in which case the contract shall be terminated without judicial intervention, without prejudice to Oxxa.com's right to compensation for damages, lost profits and interest.

Article A.11. Prices

A.11.1. Unless explicitly stated otherwise, and unless it concerns a consumer customer, all prices quoted by Oxxa.com are exclusive of sales tax (21% VAT) and other government levies.

A.11.2. If a price in an offer is based on data provided by the Contractor and these data prove to be incorrect, Oxxa.com is entitled to adjust the prices accordingly, even after the Agreement has been concluded.

A.11.3. All prices on the Oxxa.com website are subject to programming and typing errors.

A.11.4. If the Agreement is a continuing performance contract, Oxxa.com is entitled to change the rates charged at any time. To this end, Oxxa.com shall notify Contracting Party of rate changes at least one month in advance.

A.11.5. If the Contracting Party is a consumer party to the Agreement, the Contracting Party may terminate the Agreement up to the time at which the rate change takes effect. In this case, the termination shall take effect one month after the moment it is received by Oxxa.com.

A.11.6. If the Contracting Party does not act as a Consumer, this authority to terminate only exists if the price increase exceeds 4% per year.

Article A.12. Payment terms

A.12.1. Oxxa.com shall send an invoice to the Contracting Party for the amount owed by the Contracting Party. If a Service is delivered in phases, Oxxa.com is entitled to invoice for each phase delivered. The payment term of an invoice is 14 days after the date of the invoice, unless otherwise indicated on the invoice or otherwise provided in the Agreement.

A.12.2. Notwithstanding the previous paragraph, Oxxa.com is not obliged to send a bill of costs if the Agreement is a Continuous Agreement. On a monthly basis or per any other agreed term, the Contractor shall pay Oxxa.com in advance the amount due for that term.

A.12.3. Unless expressly agreed otherwise, Oxxa.com is authorized to perform direct debit. If a Contractor reverses a direct debit while it was due, or terminates a direct debit in its entirety, Oxxa.com is entitled to charge an administrative fee of €7.50.

A.12.4. If the Contractor fails to pay in full in a timely manner, he shall be in default by operation of law from 14 days after the payment term without notice of default being required. After expiry of the payment term, Oxxa.com may send a reminder, without being obliged to do so. If a reminder is sent for the second time, the Contracting Party shall owe a fee of €7.50 for administration costs.

A.12.5. If an amount due is not paid within the payment term, 2% per month shall be due over the outstanding amount without further notice of default by Oxxa.com.

A.12.6. In the event of late payment, in addition to the amount due and the interest accrued thereon, the Contractor shall be obliged to pay in full both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and collection agencies.

A.12.7. The claim for payment shall be immediately due and payable in the event that the Contractor is declared bankrupt, applies for a suspension of payments or if the assets of the Contractor are seized in full, the Contractor dies and furthermore, if the Contractor goes into liquidation or is dissolved.

A.12.8. In the above cases, Oxxa.com shall furthermore be entitled to terminate or suspend execution of the Agreement or any part thereof that has not yet been executed without notice of default or judicial intervention, without being entitled to compensation for any loss suffered by the Contracting Party as a result thereof.

A.12.9. If a Service is suspended as a result of the failure or delay in meeting an obligation to pay on the part of the Contracting Party, in addition to the outstanding amount the Contracting Party shall also owe €25 reactivation costs in order to terminate the suspension.

A.12.10. Unless Contractor is a consumer, recourse by Contractor to suspension, set-off or deduction is not permitted.

A.12.11. Only payments to Oxxa.com itself shall be in full discharge.

Article A.13. Intellectual property rights

A.13.1. All intellectual property rights to all Materials developed or made available within the scope of the Services are vested exclusively in Oxxa.com or its licensors.

A.13.2. The Contracting Party shall only acquire the rights of use and powers expressly granted in these General Terms and Conditions, the Agreement or otherwise in Writing and the Contracting Party shall not otherwise reproduce or disclose the software or other Materials of Oxxa.com. The aforementioned suffers exception if manifestly inadvertent failure to expressly grant Contractor such a right.

A.13.3. Unless otherwise agreed in writing, the Contracting Party will not be permitted to remove or change any designation concerning copyrights, brands, trade names or other intellectual property rights from the Materials, including indications concerning the confidential nature and secrecy of the Materials.

A.13.4. Any use, reproduction or disclosure of the Materials beyond the scope of the Agreement or rights of use granted shall constitute an infringement of Oxxa.com's intellectual property. Contractor shall pay to Oxxa.com an immediately due and payable penalty of 1,000 Euros per infringing act and 10,000 Euros per willfully infringing act, without prejudice to Oxxa.com's right to recover damages suffered as a result of the infringement or to take other legal action to have the infringement terminated and/or to recover damages. Upon expiration of one business day after Oxxa.com notifies Contractor of a breach, Contractor shall also owe a penalty of 5,000 euros per day that the breach is not terminated.

Article A.14. Liability

A.14.1. Oxxa.com's liability for direct damage suffered by the Contracting Party as a result of an attributable failure by Oxxa.com to fulfill its obligations under the Agreement, expressly including any failure to fulfill a warranty obligation agreed upon with the Contracting Party, or as a result of an unlawful act by Oxxa.com, its employees or third parties engaged by it, shall be limited per event or a series of related events to an amount equal to the fees owed by the Contracting Party under the Agreement per year (excluding VAT). In no event, however, shall the total compensation for direct damage exceed EUR 10,000 (excluding VAT).

A.14.2 Oxxa.com's total liability for damages for death or bodily injury or for material damage to property shall in no event exceed EUR 500,000 per damaging event, whereby a series of related events shall be deemed to be a single event.

A.14.3. Liability of Oxxa.com for indirect damages, including consequential damages, lost profits, lost savings, mutilation or loss of (business) data and damage due to business interruption, is excluded.

A.14.4. Outside the cases mentioned in paragraphs 1 and 2 of this article, Oxxa.com is not liable for any damage whatsoever, regardless of the ground on which an action for damages would be based. The exclusions and limitations referred to in this article shall lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of Oxxa.com's management.

A.14.5. Oxxa.com's liability on account of attributable failure to perform the Agreement shall arise only if the Contracting Party immediately and properly gives Oxxa.com notice of default in Writing, setting a reasonable term for remedying the failure, and Oxxa.com continues to fail imputably in the performance of its obligations even after that term. The notice of default must contain as detailed a description of the breach as possible, so that Oxxa.com is able to respond adequately.

A.14.6. The condition for the existence of any right to compensation shall always be that the Contractor reports the loss in Writing to Oxxa.com within 30 days of its occurrence.

A.14.7. The Contracting Party shall indemnify Oxxa.com against all claims of third parties due to liability as a result of a defect in a Service which was provided by the Contracting Party to a third party and which consisted in part of items, Materials or results supplied by Oxxa.com, except if and insofar as the Contracting Party proves that the damage was caused by those items, Materials or results. The Contractor shall also indemnify Oxxa.com against claims relating to non-compliance with licenses by the Contractor and/or third parties (including Users) under the Contractor's responsibility.

Article A.15. Failures and force majeure

A.15.1. Neither of the parties can be held to fulfil any obligation if a circumstance beyond the control of the parties, which could not or should not already have been foreseen when the Agreement was concluded, nullifies any reasonable possibility of fulfilment.

A.15.2. Such circumstances may include, for example:

• failures of Internet or other telecommunication facilities beyond the control of Oxxa.com;

• (contractual) failures by parties on whom Oxxa.com depends in the provision of the Services;

• defectiveness of items, equipment, software or Materials of which the Contractor has prescribed the use to Oxxa.com;

• unavailability of personnel (due to illness or otherwise);

• governmental measures.

A.15.3. If a force majeure situation lasts longer than three months, either party has the right to terminate the Agreement In Writing. Whatever has already been performed under the agreement shall in that case be settled proportionately, without the parties owing each other anything else.

Article A.16. Personnel

A.16.1. Contractor shall provide employees of Oxxa.com who perform work at the offices of Contractor for the delivery of products and/or services with all necessary support for the performance of their work.

A.16.2. The Contractor shall not be permitted, as long as the relationship between the Contractor and Oxxa.com continues, as well as for one year after the end thereof, to employ employees of Oxxa.com or otherwise have them work for him, directly or indirectly, without Oxxa.com's prior Written consent. For this purpose, employees of Oxxa.com shall mean persons who are employed by Oxxa.com or any of Oxxa.com's affiliates or who were employed by Oxxa.com or any of Oxxa.com's affiliates not more than 6 (six) months ago.

Article A.17. Confidentiality

A.17.1. The parties shall keep confidential any information that they provide to each other before, during or after the performance of the Agreement if such information is marked as confidential or if the receiving party knows or should reasonably suspect that the information was intended to be confidential. The parties shall also impose this obligation on their employees as well as third parties engaged by them for the performance of the Agreement.

A.17.2. Oxxa.com shall not take cognizance of data that the Contractor stores and/or disseminates through Oxxa.com's systems, unless this is necessary for the proper performance of the Agreement or Oxxa.com is obliged to do so pursuant to a statutory provision or court order. In such a case, Oxxa.com shall make every effort to limit knowledge of the data as much as possible, to the extent within its power.

A.17.3. The obligation of confidentiality shall continue even after termination of the Agreement for whatever reason, and for as long as the providing party can reasonably claim the confidentiality of the information.

Article A.18. Personal Data

A.18.1. If, in the performance of the Services, Oxxa.com will process personal data for which the Contractor is the data controller, Article 14 of the Personal Data Protection Act obliges Oxxa.com and the Contractor, in the capacity of "processor" and "data controller" respectively, to enter into undertakings with respect to the processing carried out by Oxxa.com that provide guarantees as to the technical and organizational security measures relating to the processing to be performed. In the absence of a further, separately agreed 'processor's agreement', the provisions of this article shall be deemed to be the undertakings referred to in the Wbp.

A.18.2. Oxxa.com will ensure an appropriate level of security given the risks posed by the nature of the personal data and the processing.

A.18.3. Oxxa.com also warrants that anyone acting under the authority of Oxxa.com, to the extent that they have access to personal data for which the Contractor is the responsible party, shall only process such data on the instructions of the Contractor, subject to differing legal obligations.

A.18.4. Contractor warrants that it shall only enter personal data into systems of Oxxa.com or otherwise make them available to Oxxa.com in an entirely lawful manner and shall indemnify Oxxa.com against all claims of third parties based on the contrary.

A.18.5. If in the context of a legal obligation, for example under the Data Protection Act, the Contractor is required to change, remove or surrender data stored in Oxxa.com's systems, Oxxa.com shall assist in this as much as possible. The costs for the work involved may be invoiced separately.

Article A.19. Amendments GTC

A.19.1. Oxxa.com reserves the right to amend or supplement these General Terms and Conditions and any Modules thereunder.

A.19.2. Amendments shall also apply in respect of agreements already concluded subject to a period of 30 days after publication of the amendment on the Oxxa.com website, via an e-mail, the electronic ticket system or by other means of Written notice. Changes of minor importance may be made at any time and do not require notice.

A.19.3. If the Contractor does not wish to accept a change in these terms and conditions, he may, until the date on which the new terms and conditions take effect, terminate the agreement by this date or on the date of receipt of the notice if this is after the effective date of the change.

Article A.20. Rules of conduct

If an offer for web hosting includes the indication 'unlimited', this means that no limit has been set (for example with regard to data traffic, storage space, e-mail addresses or MySQL databases), provided that the use falls within "Fair Use".

For web hosting, Fair Use means that the Service is used for common websites and not, for example, as hosting for web applications whose primary purpose is to provide users with online storage space, or for a webmail application. If Customer has 10 times or more than 10 times the average usage per customer, the usage falls outside Fair Use.

Oxxa.com has the right (without prior notice) to limit or suspend use of the Service, and/or charge a separate rate for data traffic, storage space or email addresses, if use falls outside Fair Use.

Article A.21. Duty to Report Data Breaches

A.21.1 When Oxxa.com becomes aware of unauthorized access to or loss of personal data that the Contractor processes through the Services (hereinafter a "Leak"), Oxxa.com shall promptly notify the Contractor and use its best efforts to mitigate damages, or the likelihood thereof. As soon as Oxxa.com is able to do so, it shall also inform Contractor about (i) what is the (alleged) cause of the Leak, (ii) what is the (as yet known and/or expected) consequence (iii) and what is the proposed solution.

A.21.2 Where the Contractor is the responsible party for the personal data, the Contractor shall ensure that the data subject(s) and/or the relevant regulator(s) are informed where this is required under Article 34a of the Personal Data Protection Act.

Article A.22. Final provisions Module General

A.22.1. The Agreement is governed by Dutch law.

A.22.2. Insofar as rules of mandatory law do not dictate otherwise, all disputes arising in connection with the Agreement will be submitted to the competent Dutch court for the district in which Oxxa.com has its registered office.

A.22.3. If any provision of the Agreement is found to be void, this shall not affect the validity of the Agreement as a whole. In that case, the parties will adopt (a) new provision(s) to replace it, which as far as is legally possible will give shape to the intention of the original Agreement and General Terms and Conditions.

A.22.4. Information and communications on the Oxxa.com website are subject to programming and typing errors. In the event of any inconsistency between the website and the Agreement, the Agreement shall prevail.

A.22.5. Oxxa.com's log files and other records, electronic or otherwise, shall constitute full proof of Oxxa.com's assertions, and the version of any communication, electronic or otherwise, received or stored by Oxxa.com shall be deemed authentic, subject to evidence to the contrary to be furnished by the Contractor.

A.22.6. The parties shall always promptly notify each other In Writing of any changes in name, postal address, e-mail address, telephone number and, if requested, bank or giro account number.

A.22.7. Each Party shall only be entitled to assign its rights and obligations under the Agreement to a third party with the prior Written consent of the other Party. However, such consent is not required in the case of a corporate takeover or acquisition of the majority of the shares of the party concerned.

Definitions

In this document, terms written with an initial capital letter have the following meanings:

1. Account: the right to access a user interface that allows the Contractor to manage and configure (certain aspects of) the Services, as well as the configuration(s) themselves.

2. General Conditions: the provisions contained in the present document.

3. Contractor: the natural person or legal entity with whom Oxxa.com has entered into an Agreement. It also means the person who is or will be negotiating with Oxxa.com, as well as his representative(s), agent(s), assign(s) and heirs.

4. Services: the services to be performed by Oxxa.com for the benefit of Contractor, such as:

• Hosting Services, including:

  • Shared Server Hosting: making a computer and associated software available via the Internet shared to multiple Contractors with which websites (can) be published on the Internet.

  • Dedicated Server Hosting: the provision of one or more computers exclusively to Contractor via the Internet that Contractor can operate and use via the Internet to make websites or other software applications available to third parties via the Internet.

  • Custom hosting solutions such as cluttered hosting.

• Domain Name Registration: the registration of one or more domain names for the benefit of Contractor with a Registry.

• Hosted Exchange: making the Microsoft Exchange software application available to Contractor via the Internet.

• Reseller Services: providing Contractor with the ability to resell Oxxa.com Services to third parties for a fee. The term may also be used to refer to Services provided to Contractor (such as Hosting Services) for resale.

• Online Backup: the provision over the Internet of storage space where Contractor can place copies of its own data and a software application that accomplishes and secures this.

• SSL Services: providing SSL certificates and possibly installing SSL on the servers used for Hosting Services.

• Colocated hosting: the provision of the right and ability for Contractor to place its own server(s) in a Data Center and connect to the (electricity and Internet) facilities there.

• Other services as defined in Oxxa.com's offer or quotation.

5. Service Description means the document or web page that details the applicable Services.

6. Domain Name Agreement: the Agreement pursuant to which Oxxa.com registers one or more domain names for the benefit of the Contractor against payment.

7. Downtime: the period of time during which a Service provided via the Internet or another ICT network is interrupted or suspended as much as possible on a continuous basis - such as Hosting.

8. Continuous Agreement: the Agreement under which one or more of the parties undertakes to perform services continuously or repeatedly over a certain period of time (e.g. a 12-month hosting contract).

9. User: the (end) user using the Service provided by Oxxa.com for the benefit of Contractor.

10. Hosting Agreement: the Agreement under which Oxxa.com provides one or more Hosting Services to the Contractor for a fee.

11. Oxxa.com: the company The Registrar Company B.V., located at Boyleweg 10, 3208 KA Spijkenisse and registered with the Chamber of Commerce under file number 24368127.

12. Oxxa.com Website: the website of Oxxa.com, accessible via the domain www.oxxa.com.

13. Materials: All websites, (web) applications, house styles, logos, leaflets, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and other products of the mind related to the Services, as well as preparatory material thereof and the data carriers on which the Materials are located.

14. Additional Work: the provision of more or more extensive Services than agreed upon in the Contract, either at the request of the Contractor or due to circumstances that were not known, nor should have been known, when the offer was made and/or the Contract was concluded.

15. Agreement: any agreement between Oxxa.com and Contractor arising from an offer or quotation made by Oxxa.com and the valid acceptance thereof by Contractor.

16. Registrar: an Oxxa.com registered with the Registry and authorized to submit domain names to the Registry for registration on behalf of customers.

17. Registry: a body authorized to issue domain names for a particular top level domain (TLD), such as the Stichting Internet Domeinregistratie Nederland (SIDN) for the TLD '.nl'.

18. Reseller Agreement: the Agreement under which Contractor may resell Services of Oxxa.com to third parties against payment.

19. Written: for the purposes of these terms and conditions, Written includes e-mail and communication by fax, provided that the identity of the sender and the integrity of the message are sufficiently established.

20. Service Level Agreement, SLA: agreement between Oxxa.com and Contractor whereby standards are attached to the Services to be provided that are as concrete and measurable as possible.

21. Token: an authorization code consisting of a random string of characters recorded with a domain name and used to validate a transfer of a (.nl) domain name.

22. Uptime: the period of time during which a Service provided via the Internet or another ICT network as continuously as possible - such as hosting - is not interrupted or suspended.

23. Whois: the Registry's register containing information about issued domain names. The information includes for example the status, holder, administrative contact, Registrar, technical contact, domain name servers, date of registration and by which institution the administration was done (such as the Dutch Registry SIDN or another).

Module B. Hosting Services

Article B.1. Scope

B.1.1. This module applies to Shared Server Hosting and Dedicated Server Hosting. This module also applies to custom hosting solutions, but only if and to the extent that the custom Hosting Agreement does not deviate from this.

Article B.2. Hosting Agreement

B.2.1. A standard Hosting Agreement comes into effect (1) when Contractor has fully completed the designated electronic ordering process on the Oxxa.com Website and has pressed the "complete order" button, or at least a button with words to the same effect, or (2) when a paper contract - which is usually automatically generated from a fill-in form - is signed by Contractor and received by Oxxa.com.

B.2.2. A customized Hosting Agreement is established in the manner described in Article A.3 ().

B.2.3. The Hosting Agreement consists of the General Module and the present Hosting Services Module of the General Terms and Conditions, as well as the Service Description on the Oxxa.com Website (standard) or the Written Offer/Contract (customized), which describes the Hosting Services in more detail. If an SLA has been agreed upon, it shall also form part of the Hosting Agreement.

B.2.4. After conclusion of the standard Hosting Agreement, Oxxa.com shall send to Contractor confirmation thereof by e-mail, which shall include the applicable Service Description and (a direct link to) these applicable Terms and Conditions for reference.

B.2.5. Where this module further refers to 'the Agreement', it always means the Hosting Agreement, and 'the Services' means the Hosting Services, unless otherwise indicated.

Article B.3. Order of Documents

B.3.1. If an SLA is agreed upon, the SLA forms part of the Hosting Agreement between the Contractor and Oxxa.com. The order of precedence in case of conflict between the various documents that together comprise the complete Hosting Agreement is as follows:

• the valid and signed order form or customization contract;

• the General Terms and Conditions;

• the SLA, and

• the Service Description

B.3.2. In applying this order of precedence, it should be kept in mind that the SLA is often a specific elaboration of what is stipulated in the other documents. Conflict will therefore not be assumed quickly, but only if the text of the SLA cannot reasonably be interpreted in accordance with the higher-ranking provisions. In that case, conflicting portion in the SLA will be deemed null and void and Article A.20.3 will apply.

Article B.4. Rules of Conduct

B.4.1. Using the Services, Contractor is prohibited from publishing Materials that:

• libelous, defamatory, offensive, racist, discriminatory or hate speech,

• involve child pornography or bestiality,

• infringe any third party rights, including in any case but not limited to copyright, trademark or portrait rights,

• violate the privacy of third parties, including but not limited to spreading personal data of third parties without permission or necessity or repeatedly harassing third parties with unsolicited communications,

• contain hyperlinks, torrents or similar information that Contractor knows or should know refers to material that infringes third party rights,

• contain unsolicited commercial, charitable or idealistic communications (spam), or

• contain malicious content such as viruses or spyware,

• (otherwise) violate Dutch law or the rights of Oxxa.com or those of third parties.

B.4.2. Apart from the above specific rules of conduct, the Contractor is generally prohibited from using the Services in such a way as to infringe the rights of third parties and/or Oxxa.com.

B.4.3. Contractor shall refrain from interfering with other Contractors or Internet users or causing damage to Oxxa.com's hardware and/or software. In the case of Shared Server Hosting, this means that Contractor may not perform any tasks/processes that cause an extraordinary load on Oxxa.com's computer systems. In the case of Dedicated Server Hosting, Contractor is free to load the system as it sees fit.

B.4.4. Contractor is expected to keep its contact and billing information up to date via the Account or other procedure specified by Oxxa.com. Any adverse or harmful consequences of not keeping such data up to date shall be the sole responsibility of Contractor.

B.4.5. Contractor is expected to secure its use of the Hosting Services itself where necessary in the context of Contractor's use of the Hosting Services. For example, if Contractor uses the Hosting Services to run a web store, Contractor shall take its own measures (such as SSL security) so that banking data and other personal data of visitors to the web store are secure. Some of such measures, such as SSL security, can be purchased through Oxxa.com, but Contractor always remains responsible to enter into an agreement to that effect.

B.4.6. Contractor is obliged to keep all software installed by him secure and up to date himself. If this obligation is violated, the Contractor shall be obliged to compensate Oxxa.com for the resulting damage, including the costs (according to the hourly rate) incurred by Oxxa.com in taking measures to prevent damage.

Article B.5. Measures

B.5.1. If Oxxa.com receives a suspicion that the rules of conduct under Article B.4 are being violated, Oxxa.com shall be entitled to take all reasonable measures to determine whether the suspicion is correct and, if so, to put an end to the violation. Oxxa.com shall inform Contractor as soon as possible and involve it in the measures to be taken where possible.

B.5.2. If a third party informs Oxxa.com that the Contractor is violating the Rules of Conduct, in any manner whatsoever, Oxxa.com shall, prior to taking such measures, inform the Contractor as soon as possible and request the Contractor to put an end to the violation within a reasonable period of time or to communicate to the third party a reasoned explanation as to why there would be no violation. If the Contracting Party does neither within a reasonable term, Oxxa.com is entitled to take the measures referred to in the previous paragraph. Notwithstanding the above, the Contractor is entitled to take measures before it has informed the Contractor if it can be reasonably assumed in advance that the measures to be taken will be justified and do not go beyond what is necessary.

B.5.3. Oxxa.com shall be entitled to surrender Contractor's name, address and other identifying data to a third party with such legal claim, provided that the accuracy of the claim is sufficiently plausible in all reasonableness. Furthermore, Oxxa.com shall be entitled to report any identified criminal offenses.

B.5.4. Oxxa.com shall never be obliged to compensate any damage resulting from measures as referred to in this article.

Article B.6. Liability of Contractor

B.6.1. In addition to the obligations under the law, damage caused by (technical) incompetence on the part of the Contracting Party or failure by the Contracting Party to act in accordance with the above points, shall be for the account of the Contracting Party.

Article B.7. License

B.7.1. The Contractor hereby grants Oxxa.com a license to distribute, store, transmit or copy all Materials supplied by the Contractor to Oxxa.com's systems in any manner deemed appropriate by Oxxa.com, but only to the extent reasonably necessary for Oxxa.com's performance of the Agreement.

Article B.8. Privacy, Confidentiality and Security

B.8.1. Except for any measures pursuant to Article B.5 (), Oxxa.com shall not take cognizance of the content and nature of the Materials that Contractor discloses or processes using the Hosting Services, at least not in an active manner.

B.8.2. If and to the extent communication between the computer systems of Oxxa.com used for the Hosting Services and (systems of) third parties should reasonably be construed as confidential, Oxxa.com shall respect such confidentiality. In the case of e-mail hosting, the content of e-mail messages shall always be construed as confidential.

B.8.3. Oxxa.com uses up-to-date and industry-standard security methods in order to minimize the risk of unauthorized access, theft, abuse and loss of the systems and data stored thereon.

Article B.9. Backup

B.9.1. Oxxa.com makes standard backups of its systems, including the Contractor's data stored thereon, in order to prevent and/or limit damage in case of calamities. This making of backups and the use thereof is no guarantee that Contractor's data will always, and also after calamities, be available.

B.9.2. Where reference is made to a "backup", in principle this refers to the entire set of data present at a given time and not individual files. For example, an entire mailbox as it was at the time the backup was made may be restored to the server, but individual e-mails will not normally be recovered by Oxxa.com from the backups. Exactly what data the backups do and do not contain depends on the type of Hosting Service and the applicable SLA.

B.9.3. All of Contractor's files, including any backups made, may be destroyed at any time after termination of the Agreement. It is the Contractor's responsibility to secure its own data in a timely manner using the ftp/email server. After the end of the Agreement, this will no longer be possible.

Article B.10. Indemnification

B.10.1. Contractor shall indemnify Oxxa.com against all legal claims relating to the use made by Contractor of the Services, the data stored by Contractor, published website(s) and the like.

Article B.11. Availability of the Services and systems

B.11.1. Insofar as the Services are (partly) provided via systems and/or networks of Oxxa.com, Oxxa.com shall make every effort to allow as little Downtime as possible in doing so.

B.11.2. Oxxa.com makes no guarantees as to the exact amount of Uptime unless expressly indicated otherwise in the offer, or in an applicable SLA. To the extent not otherwise specified in an applicable SLA, availability shall be subject to the provisions of this Article.

B.11.3. Oxxa.com shall use its best efforts to ensure that Contractor can use the networks directly or indirectly connected to Oxxa.com's network. However, Oxxa.com cannot guarantee that these networks will be available at any time. The use of third-party networks may be subject to legal and contractual conditions. Oxxa.com will make every effort to inform Contractor about conditions not set by Oxxa.com itself but which are important to Contractor.

B.11.4. If, in the opinion of Oxxa.com, there is a danger to the functioning of the computer systems or the network of Oxxa.com or third parties and/or to the provision of services via a network, in particular due to excessive sending of e-mail or other data, poorly secured systems or activities of viruses, Trojans and similar software, Oxxa.com is entitled to take all measures that it reasonably considers necessary to avert or prevent this danger, including measures that could cause Downtime, without prejudice to article B.11.1.

B.11.5. Oxxa.com has the right to temporarily take the Services or portions thereof out of service for the purpose of maintenance, modification or improvement thereof. Oxxa.com shall endeavor to have such taking out of service take place as much as possible outside business hours or other times specified in the Agreement and shall endeavor to give Contractor timely notice of any planned taking out of service. However, Oxxa.com shall never be obliged to pay compensation for any loss incurred in connection with such decommissioning, unless expressly agreed otherwise in Writing, for example in an SLA.

B.11.6. Oxxa.com has the right to modify the Services or parts thereof from time to time to improve functionality and to fix errors. If a modification results in a significant change in functionality, Oxxa.com will make every effort to notify Contractor. In the case of modifications that are relevant to multiple Contractors, it is not possible to waive a particular modification for Contractor only. Oxxa.com shall not be obliged to pay any compensation for damage caused by such adaptation.

Article B.12. Storage and Data Limit

B.12.1. Oxxa.com may place a limit on the amount of storage space or data traffic per month that Contractor may or may actually use in connection with the Services. The Contractor shall not exceed the limits unless the Service Description expressly regulates the consequences thereof.

B.12.2. Should the Contractor nevertheless exceed the applicable limits, Oxxa.com may, in the absence of an arrangement in the Service Description and after sending at least one warning message to the Contractor regarding the exceedance, choose to charge the Contractor afterwards an additional amount per unit of data (e.g. MB or GB) exceeded, according to the applicable amounts in the price list. In the absence of an applicable amount, Oxxa.com shall be authorized to set a reasonable and proportional amount on an ad hoc basis, consistent with Oxxa.com's other prices and not disproportionate within the market.

B.12.3. In a case as mentioned in D.6.2, Oxxa.com may also choose to convert the Agreement to a package with higher limits, provided that this would be more advantageous to Contractor than the price per data unit. The amended Agreement will then apply from the first day of the month in which the overage occurred, until the end date of the original Agreement. The tacit renewal mentioned in Art. A.2.1 will apply to the new package.

B.12.4. No liability exists for consequences of inability to send, receive, store or modify data if an agreed limit for storage space or data traffic has been exceeded.

Module C. Domain Name Registration

Article C.1. Scope

C.1.1. This module applies to the Domain Name Registration Service, or the registration of one or more domain names on behalf of the Contractor with a Registry (such as SIDN).

Article C.2. Domain Name Agreement

C.2.1. The Domain Name Agreement comes into effect (1) when the Contracting Party has fully completed the appropriate electronic ordering process on the Oxxa.com Website and has pressed the "complete order" button, or at least a button with words to the same effect, or (2) when a paper contract - which is usually automatically generated on the basis of an input form - is returned signed.

C.2.2. A custom Domain Name Agreement is established in the manner described in Article A.3.

C.2.3. The Domain Name Agreement consists of the General Module and this Domain Name Registration Module of the General Terms and Conditions, as well as the Service Description on the Oxxa.com Website.

C.2.4. Upon formation of the Domain Name Agreement, Oxxa.com shall send to Contractor confirmation thereof by e-mail, which shall include the applicable Service Description and (a direct link to) these applicable Terms and Conditions for reference.

C.2.5. Wherever this module further refers to 'the Agreement', it shall always mean the Domain Name Agreement, unless otherwise indicated.

Section C.3. Mediation; no guarantee

C.3.1. Application, assignment and possible use of a domain name and/or IP address depend on and are subject to the applicable rules and procedures of the relevant Registries, including the SIDN. The relevant authority decides on the allocation of a domain name and/or IP address. Oxxa.com only plays an intermediary role in the application and gives no guarantee that an application will be honored.

C.3.2. An invoice for registration fees is not confirmation of registration. Contractor may learn the fact of registration from Oxxa.com's message stating that the requested domain name has been registered.

C.3.3. Oxxa.com shall not be liable for the failure of the Contractor to obtain his domain name if it appears that a third party has already obtained it before Oxxa.com was able to forward the request to the Registry, except in the event of intent or deliberate recklessness on the part of Oxxa.com.

Article C.4. Conditions for Registration

C.4.1. Contractor shall comply with the rules set forth by Registries for application, assignment or use of a domain name and may not use the domain name to violate Dutch law or to violate the rules of conduct set forth in Article B.4.

C.4.2. The terms and conditions for the Registries through which Oxxa.com may register domain names for the Contractor can be accessed at http://www.oxxa.com/voorwaardenregistry. Contractor is deemed to have taken note of the latest version of these terms and conditions and to comply with it at all times.

C.4.3. Registration does not actively verify compliance by Contractor with the applicable terms and conditions of the Registry. The fact that a registration has taken place does not constitute any proof, or even indication, that the registration did not violate the applicable terms and conditions.

C.4.4. Contractor shall indemnify and hold Oxxa.com harmless for any and all damages related to the registration (and use) of a domain name on behalf of or by Contractor in violation of the terms and conditions applicable thereto.

Article C.5. Terms of Payment

C.5.1. Each domain name shall be paid in full in advance for the (minimum) term specified in the Agreement.

C.5.2. If Oxxa.com has discharged its duty to register the agreed domain name(s) with the Registry, the Contracting Party can never claim a refund of any amount paid in advance for the registration, not even if the Contracting Party has prematurely terminated or dissolved the Agreement for whatever reason, nor if Oxxa.com has obtained or terminated the domain name itself as a result of a measure referred to in article C.6 () below.

C.5.3. Oxxa.com shall alert Contracting Party when payment for renewal of registration is or becomes necessary and has not been able to be made by direct debit. If the advance payment is not made on time, Oxxa.com shall have no obligation to renew the registration.

Article C.6. Measures

C.6.1. Oxxa.com shall have the right to make all domain names that it has registered for the Contractor inaccessible or unusable, or to place them (or have them placed) in its own name, if the Contractor is demonstrably in breach of the Agreement - here refers not only to the Domain Name Agreement, but to all types of Agreement - but only for the duration that the Contractor is in breach and only after the expiry of a reasonable period for performance set out in a Written notice of default. For making the domain names accessible again after such suspension, a maximum of €100 per domain name may be charged.

C.6.2. If the Contractor has acted in violation of Article C.4 (), the Contractor has no right to the domain name and it may be withdrawn from the Contractor's control at any time.

Article C.7. Hiding of (personal) data from Whois

C.7.1. Under special circumstances and at the request of Oxxa.com for the benefit of the Contracting Party, the (Dutch) Registry (SIDN) may hide certain data from Whois. If the Contracting Party wishes to avail itself of this possibility, it must submit a request to Oxxa.com. Oxxa.com will then forward this request to the Registry.

C.7.2. For minors, receiverships or mentors, the legal representative must sign the request.

C.7.3. Similarly, a request for access (inspection), correction, addition or deletion of Contractor's personal data by the Registry may be submitted by Contractor to Oxxa.com, which will ensure that the request is forwarded to the Registry.

Article C.8. Registration in the name of Oxxa.com

C.8.1. Oxxa.com may also register a domain name in Oxxa.com's own name at the Contractor's request, but only if the Contractor so requests and before proceeding with registration, Oxxa.com shall first explain the consequences of registering the domain name in Oxxa.com's name.

C.8.2. If Oxxa.com has registered a domain name in its own name for the benefit of the Contractor, Oxxa.com shall cooperate with any requests by the Contractor to move, transfer or terminate this domain name.

Module D. Reselling

Article D.1. Scope

D.1.1. This module applies to Reseller Services, or providing the Contractor with the ability to resell Oxxa.com Services to third parties for a fee. Reseller Services shall also mean the Services provided to Contractor (such as Hosting Services or Domain Name Registration) to be resold.

Section D.2. Reseller Agreement

D.2.1. A standard Reseller Agreement comes into effect (1) when the Contracting Party has fully completed the appropriate electronic ordering process on the Oxxa.com Website and pressed the "complete order" button, or at least a button with words to the same effect, or (2) when a paper contract - which is usually automatically generated based on a fill-in form - is returned signed.

D.2.2. A custom Reseller Agreement is established in the manner described in Article A.3.

D.2.3. The Reseller Agreement consists of the General Module and the present Reselling Module of the General Terms and Conditions, as well as the Service Description on the Oxxa.com Website (standard) or the Written offer/contract (customization), which describes the Services in more detail. If an SLA has been agreed upon, it also forms part of the Reseller Agreement.

D.2.4. After conclusion of the standard Reseller Agreement, Oxxa.com shall send the Contractor confirmation thereof by e-mail, which shall include the applicable Service Description and (a direct link to) these applicable Terms and Conditions for reference.

D.2.5. Where this module further refers to 'the Agreement', it always means the Reseller Agreement, and 'the Services' means the Reseller Services, unless otherwise indicated.

D.2.6. Contractor shall be referred to as "Reseller" in the remainder of this module.

Article D.3. No agency

D.3.1. The Reseller Agreement does not constitute an agency agreement. Reseller contracts with service customers for its own account and risk and no contractual relationship exists between Oxxa.com and Reseller's customers.

Article D.4. White label

D.4.1. Unless expressly agreed otherwise in Writing, a Reseller Agreement is always "white label", meaning that Reseller's customers may not know that the Services are in fact provided by Oxxa.com.

D.4.2. In the case of a white label Reseller Agreement, neither party to the Agreement shall take any action that may cause customers of Reseller to become aware of the existence or scope of the Reseller Agreement, unless the other party has provided express Written consent.

Article D.5. Reseller is responsible for its customers

D.5.1. The Reseller's provision of Services provided by Oxxa.com to third parties is made under full responsibility and exclusively at the Reseller's expense. Reseller is therefore responsible for the communication and (contractual) relationship with its customers, including providing support to the aforementioned customers. Reseller shall ensure that its customers will not contact Oxxa.com regarding the execution of the agreement between themselves and Reseller.

D.5.2. Reseller is obligated to adopt the rules of conduct for Hosting Services in Article B.4 and the terms and conditions for Domain Registration in Article C.4 in the terms and conditions used by Contractor for these services to its customers.

D.5.3. Reseller shall indemnify Oxxa.com against any claim by a third party (which includes Reseller's customers) related to the services provided by Reseller.

D.5.4. The Reseller warrants to Oxxa.com that the usage limits as included in the Agreement (with regard to e.g. disk space and data traffic) will not be exceeded by its (joint) customers. If the agreed limits are exceeded, Oxxa.com will charge the Reseller the applicable additional fees (penalties). This does not affect Oxxa.com's other powers with respect to the exceeding, as mentioned in Article B.12 (), among others.

Article D.6. Personal Data

D.6.1. Reseller guarantees that all requirements for the lawful processing of personal data (i) entered or processed by it and/or its customers or third parties in the website(s) operated by Reseller or its customers or (ii) otherwise hosted or processed by Oxxa.com on behalf of Reseller and/or its customers have been met.

D.6.2. Without prejudice to the confidentiality obligations mentioned in Article D.4, Reseller is responsible for correct compliance with the Personal Data Protection Act (Wbp) and respecting the privacy of its customers.

D.6.3. Reseller is required (in connection with the Wbp) to use the following provision in its terms and conditions and/or privacy statement to customers of Reseller: "for the execution of the agreement between [Reseller] and [customer of Reseller], the physical storage and processing of personal data of [customer of Reseller] may take place at the supplier(s) of [Reseller], who has/have committed to [Reseller] to adequately secure these data and only process them on behalf of [Reseller] or insofar as the law requires processing." A provision of similar scope is also possible, but prior consent of Oxxa.com regarding the content is required in that case.

Section D.7. Support Services possible but not included

D.7.1. Oxxa.com shall cooperate as much as technically possible with the obligations to be fulfilled by Reseller. Unless expressly agreed otherwise in Writing, the costs associated with this cooperation are not included in the agreed prices and fees of Oxxa.com and shall be borne entirely by Reseller.

Article D.8. Domain name registration in the name of end customer unless....

D.8.1. Reseller must register all domain names for its customers in the name of the customer. Only at the express request of a customer may Reseller register a domain name in its own name. Before registration Reseller shall first explain to the client the consequences of registering the domain name in the name of Reseller. Reseller is obliged to administratively keep the above customer requests and explanations so that they are available if requested by Oxxa.com.

D.8.2. If Reseller has registered a domain name in its own name for the benefit of the Contractor, Reseller shall cooperate with requests from the Contractor to move, transfer or terminate this domain name.

Article D.9. Cooperation with domain name transfer; interests of end users

D.9.1. In the unlikely event that Oxxa.com receives a request directly from a domain name holder who is a Reseller customer but wishes to transfer his domain name to another Registrar, Oxxa.com will cooperate with this transfer by providing the Token to the domain name holder. However, Oxxa.com will first check the validity of the request using the registration details and a copy of the identity document or extract from the Chamber of Commerce.

D.9.2. In the unlikely event that a Reseller repeatedly or systematically fails to adequately comply with its agreements with customers - for example by not renewing on time, not paying Oxxa.com on time, not being reachable and repeatedly not responding to contact requests - and these customers find out through inquiries or their own research that Oxxa.com is the Reseller's supplier, Oxxa.com shall be entitled to assist these customers by providing Services directly to these customers. Oxxa.com will not assume such circumstances lightly and will consider Reseller's reasonable interests in such matters.

Disclaimer

The utmost care is taken in the compilation and content of this website. However, The Registrar Company B.V. accepts no liability for the correctness and completeness thereof, or the direct or indirect consequences of acts or omissions on the basis thereof. No rights of any kind can be derived from the content of this website.

The Registrar Company B.V. reserves the right to improve or otherwise modify the information on the website at any time.

All rights reserved. No textual and/or graphic representation of this website may be reproduced or published in any form or by any means, or stored in an automated (data) file, without the prior written permission of The Registrar Company B.V.

Oxxa.com is a trade name of The Registrar Company B.V.

Antispam policy

Oxxa.com has a strict anti-spam policy. On this page we inform you in detail about this. We also show you how to prevent spam and what requirements your mailings must meet.

What is spam?
We define spam as e-mail sent in large quantities and unsolicited. The e-mail is unsolicited because the recipient has not given demonstrable and explicit permission to send it. The e-mail that we qualify as spam is also part of a large quantity (bulk) of simultaneously sent and almost identical messages.

Only when e-mail is sent both unsolicited and in bulk, we speak of spam. Thus, messages from your family or friends that you receive unsolicited do not meet this criterion. Nor do bulk e-mail sent via mailing lists and newsletters. You have given permission for these.

In most cases, spam is commercial in nature. The recipient is seen as a potential buyer of a wide range of products. Less commercial is the unsolicited announcement of an exhibition or the call to join a demonstration. But we also consider such messages to be spam.

When is my mailing not spam?
It is only allowed to send an e-mail in large quantities if you can prove, that the recipients have asked for that message. We call this principle 'confirmed opt-in'. Any other way of mass emailing ('opt-out'/'opt-in') we cannot tolerate within our network!

And if I send spam for a good cause?
Even then it remains unacceptable. The end does not justify the means. And what you as a distributor of unsolicited messages consider a good cause, the recipient may see as an undesirable development.

How exactly do I follow the rules?
When you want to send a mailing, you must have obtained demonstrable consent from all recipients on your mailing list.

To do this, you use "confirmed opt-in. This principle works as follows: Someone signs up for a mailing. You ask him to confirm, that he actually wants to be put on the mailing list in question. If you do not receive this confirmation, you assume that the owner of the e-mail address has changed his mind. Or that someone else has entered that address. Only when the owner of the e-mail address gives you the requested confirmation, do you consider that as an explicit and provable consent. If the owner does not give the requested confirmation and then still receives the e-mail from the mailing list, he can file a spam complaint against you.

Better yet, include a code in the message asking the owner of the email address for permission. Without that code, the confirmation cannot be returned. This way, it is impossible for third parties to falsify the requested consent.

When asking for confirmation by e-mail, it is a good idea to provide an address where the reader can report observed abuse. This also helps combat spam.

What do I do if someone accuses me of spamming?
In that case you have only one option: You must prevent repetition. We will give you one warning. If you make a second mistake, our services will be terminated. We will shut down a so-called "known-spammer" immediately.

What if I think the complaint is unjustified?
We review every complaint carefully. If you have been accused, we request that you provide confirmation from the complaining party. This is not a problem for you if you have fulfilled your obligation to send all your mailings via the principle of "confirmed opt-in. If you fail to do so, we will assume that you are guilty of distributing spam.

Why be so difficult when Dutch law does not prohibit spamming?
Unfortunately, Dutch legislation does not yet properly address spam. The government is preparing a number of laws to this end. Until these are published in the Government Gazette, we will combat any form of spam in or through our network on the basis of our General Terms and Conditions.

Why do you have such a strict policy?
Spam endangers our network and damages our reputation! When spam is distributed in or through our network, we as Oxxa.com get put on so-called 'blacklists'. The implications of this are far-reaching. Our clients can no longer deliver their e-mail to certain providers. We cannot possibly maintain optimal service. Our good reputation is in jeopardy. Customers will leave us and potential customers will walk past our door. You understand, that this scenario should never become reality and that's why we take strict action against spam!

How do I protect myself from spam?
1) Install a program that stops incoming spam. Several programs are available. These do not provide a total solution to your spam problem, but they significantly limit the influx of spam. You can find such programs at www.download.com, among other places .

2) Do not use these programs to automatically reply to spam. That makes no sense, because spreaders of spam often use nonexistent addresses as senders. Your message will not arrive and will only increase Internet traffic.

3) Make your e-mail address unusable by machines. This advice applies to all customers who send messages in newsgroups, web forums and guestbooks. In Internet jargon: You are going to "mungen" your e-mail address. An example: From naam@provider.nl, you make name at provider nl or name#provider com. Research shows, that spreaders of spam still can't do much with these corrupted e-mail addresses.

4) Never 'unsubscib'! It seems tempting to choose this option if you have received spam. But many spreaders of spam do not keep the promise to unsubscribe you. You show by asking to be unsubscribed that you actually read spam! Most likely, you will then only receive more spam.

5) Complain to the provider. This only makes sense if you receive spam sent through a regular Dutch provider. Whether your complaint will end the problem depends on the anti-spam policy of the provider in question. Do not hesitate to contact Oxxa.com as well.

We are happy to help you
If you would like to know more about spam or our anti-spam products, please feel free to contact one of our employees. We will be glad to help you.