TERMS OF SERVICE

Terms of Services

Revision date: 14/03/2024

All services provided by Hosteaza SRL with the registered address of Romania, Gorj County, Sipotu, Street: Strada Secundara, Number 187, Postal code 217519 may be utilized solely for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of any Romanian law is strictly prohibited. This encompasses, without limitation: copyrighted material, material deemed threatening or obscene, or material protected by trade secret and other statutory provisions. The subscriber agrees to indemnify and hold harmless Hosteaza SRL from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that advocate for any illicit activity or present content that could be detrimental to Hosteaza SRL's servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Mining software hosted on Shared Hosting and/or VPS services

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Hosteaza SRL WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Hosteaza SRL is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Abuse of IPs - Blacklisting
Hosteaza SRL does not tolerate the blacklisting of IPs under our infrastructure, as this can adversely affect the reputation of the entire IP class. Failure to supervise and maintain clean IPs will result in penalties and eventual suspension of the service without prior notification.

If any IPs under your management (dedicated IP) are found to be blacklisted in reputable blacklists, you will first be notified to take action through our ticket system. You will be required to delist the IP or risk service suspension within 48 hours. Failure to provide us with a response regarding the actions taken will also result in service suspension.

If any IPs under your management are listed a second time within a period of 3 (three) months, your service will be suspended, and a $25 USD fee will be required to delist the IP and unsuspend the service. Service suspension will occur without prior notification.

If any IPs under your management are listed a third time within a period of 3 (three) months, your service will be suspended, and a $50 USD fee will be required to delist the IP and unsuspend the service. Again, service suspension will occur without prior notification.

If any IPs under your management are listed a fourth time within a period of 3 (three) months, your service will be permanently suspended, and access to your service will be terminated. This decision will be final, and Hosteaza SRL will cease to offer services to you.

Refusal of Service
Hosteaza SRL reserves the right to refuse, cancel, or suspend service at our sole discretion.
All sub-networks, distributive hosting sites, and dedicated servers of Hosteaza SRL must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Hosteaza SRL shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.

When an invoice is delivered to the client, payment shall be remitted to Hosteaza SRL by no later than the specified payment due date. Hosteaza SRL shall be entitled to immediately terminate this agreement for the client's failure to make timely payments. You will be provided with an invoice on a monthly basis.
All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Affiliate Payout
An Affiliate account will receive its payout only when reaching the threshold of $100USD. The payouts are made at the beginning of each month, between the 6th and the 12th only via PayPal. If an Affiliate has not reached its target, the commission will be kept in the Affiliate's account until the threshold is reached or exceeded.

Commissions offered per services are as follows:

• 5% for Dedicated Servers: The commission is calculated based on the server configuration price.
• 15% for both Linux and Windows VPS: The commission is calculated based on the VPS configuration price.
• 25% for WordPress plans, Shared Hosting, and Reseller Hosting: The commission is calculated based on the plan price.

Licenses and Domain names are not part of the Affiliate program. They have zero commission if purchased by one of your clients.

Service Fees
Certain services carry a setup fee charged by Hosteaza SRL to the client, which must be paid by the client in order to have use of said services. If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Hosteaza SRL and agrees to pay any and all fees incurred by the client.
Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
NOTE: Paysafecard payments cannot be refunded as the payment processor does not provide this option, but we can refund your payment into your client area and use the funds to buy another service.

Money-back Guarantee & Refund Policy
We offer a 30-day Money-back guarantee.

Refunds:
If you are not completely satisfied with our web hosting services, and you notify us in writing via your Client Area within the first 30 days of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and overages. If a refund is due, you will be notified by email; it can take up to 30 days after cancellation of your contract to receive your refund. If you have not received your refund after 30 days, please open a ticket.

Refunds for Domain Names, Premium Support, Client Area Balance, SEO, Design services, Gateway Fees, and Software Licenses are not available. Domain name-related services are not refundable, including but not limited to Domain Renewal, Domain Registration, Domain Grace, etc. Additionally, Software licenses are non-refundable. SEO and Design services will not be refunded if you have been notified that the service is being implemented. Refunds can be requested only for the service/product listed in your invoice when using Perfect Money, Bitcoin, Bank Transfer, Credit Card and Paypal methods with gateway fees. The gateway fee and PaysafeCard method are not refundable.

Refunds will only be processed once per service type. For example, if you have purchased a Web hosting plan and requested a refund within the first 30 days of service, you will not be eligible for another refund concerning Web hosting plans. Dedicated Servers will be made available after the Supplier has validated the payment and within a maximum period of 7 days from the date that the purchase order is paid by the Customer. The actual payment is made when the sums corresponding to the Service are definitively credited to the Supplier account.
After this period and in the absence of provision of the Service by the Supplier, the Customer reserves the right to request cancellation of the transaction and a refund of the sums already paid. After the server has been made available and 7 days have passed, the Customer shall not be entitled to the reimbursement. The Customer shall also refrain from any breach or attempted breach activities (such as port scanning, sniffing, spoofing, etc.) while using the server. In such cases, the Customer shall not be entitled to the reimbursement. If your account was involved in illegal activities like spam/phishing/copyright infringement/adult material, you won't be able to receive a refund.
If you fail to provide client verification documents, you won't receive a refund. After the verification process is completed, a refund option will be available.

NOTE: Web hosting is a legitimate need for most individuals and businesses. Unfortunately, it is also an urgent need for hackers and spammers of many kinds. These individuals will always try to sign up for cheap hosting accounts, especially if there is an x-months for free promo. Worse: they will also sign up for more expensive hosting accounts using stolen credit card info! This is why we have to remain vigilant about every sign-up we get. Unfortunately, this is why you may also have to provide additional info upon signup, which could extend your signup process from a few minutes to a couple of days. For your safety, though... How do customers get validated? When you sign up, we will run an automated scoring algorithm upon the data you submitted, mostly credit card, address, and your IP address. If the score is too low, we will ask you for additional proof of your identity, so we know who to get a hold of in case you turned out to be a hacker/spammer. Once the process is complete, you will get your hosting account and will be able to use it freely. This process should not take more than a few hours.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days' notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Limitation of Liability
Hosteaza SRL shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Hosteaza SRL servers going offline or being unavailable for any reason whatsoever. Furthermore, Hosteaza SRL shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Hosteaza SRL servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Hosteaza SRL cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Hosteaza SRL are resold. Thus, certain equipment, routing, software, and programming used by Hosteaza SRL are not directly owned or written by Hosteaza SRL. Moreover, Hosteaza SRL holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account without advance notice for any reason without restitution, as Hosteaza SRL sees fit.

Account Activation
By activating your account with Hosteaza SRL, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines, and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Hosteaza SRL guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your service(s) will be extended with the duration of excessive downtime.
Hosteaza SRL reserves the right to amend any or all of the above policies, guidelines, and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy

Revision date: 14/03/2024

Hosteaza SRL has crafted this privacy statement to demonstrate our firm commitment to privacy. The following details our information gathering and dissemination practices for this Website.

A brief summary is provided below:

Information Automatically Logged
We utilize your IP address to diagnose problems with our server and to administer our website. This information is used for no other purpose.

Order Forms
Our website employs an order form for customers to request services (128-bit encryption). We collect sensitive information solely for our purposes, and no third party receives any type of information from us.
Contact information from the order forms is used to communicate with the customer when necessary.
Billing information collected is used to bill the user for services. Unique identifiers are collected from website visitors to verify the user's identity. Demographic and profile data is also collected on our site. We use this data to personalize our visitor's experience, showing them content we believe they might be interested in, and displaying content according to their preferences.

Security
This site implements security measures to protect against the loss, misuse, and alteration of the information under our control. We utilize strong SSL encryption to ensure your privacy.

Third Parties
Information collected on this site is strictly for our use. NO OTHER OUTSIDE INDIVIDUALS MAY VIEW YOUR PERSONAL INFORMATION SUCH AS BILLING INFORMATION, ETC.

Contacting the Website
If you have any inquiries regarding this privacy statement, the practices of this site, or your interactions with this website, you can contact: [email protected].

Acceptable Use Policy

Revision date: 14/03/2024

As a provider of web site hosting and other Internet-related services, Hosteaza SRL offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Hosteaza SRL respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Hosteaza SRL reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Hosteaza SRL has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Hosteaza SRL's services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Hosteaza SRL cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Hosteaza SRL cannot monitor or censor the Internet, and will not attempt to do so, Hosteaza SRL cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Hosteaza SRL does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Hosteaza SRL's network and may reach a large number of people, including both subscribers and non-subscribers of Hosteaza SRL, subscribers' postings to the Internet may affect other subscribers and may affect Hosteaza SRL's goodwill, business, reputation or operations. For these reasons, subscribers violate Hosteaza SRL policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Hosteaza SRL, but also because it can overload Hosteaza SRL's network and disrupt service to Hosteaza SRL's subscribers. Also, maintaining an open SMTP relay is prohibited. It is considered Spamming when a user sends over 100 emails per hour, for shared hosting, and 300 emails per hour, for VPS services. When a complaint is received, Hosteaza SRL will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore, Hosteaza SRL reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Hosteaza SRL choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Hosteaza SRL does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Hosteaza SRL does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Hosteaza SRL is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected].

Obscene Speech or Materials:
Using Hosteaza SRL's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Hosteaza SRL is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Hosteaza SRL's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Hosteaza SRL reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including but not limited to advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Hosteaza SRL determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Hosteaza SRL will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Hosteaza SRL's policy or applicable law. However, when Hosteaza SRL becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Hosteaza SRL.

Hosteaza SRL is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Hosteaza SRL's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Hosteaza SRL does not require its subscribers who offer Internet services to monitor or censor transmissions or websites created by customers of its subscribers. Hosteaza SRL reserves the right to directly take action against a customer of its subscribers. Also, Hosteaza SRL may take action against the Hosteaza SRL subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Hosteaza SRL anticipates that subscribers who offer Internet services will cooperate with Hosteaza SRL in any corrective or preventive action that Hosteaza SRL deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Hosteaza SRL policy.

Hosteaza SRL will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Hosteaza SRL may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Hosteaza SRL may disclose information, including but not limited to information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Hosteaza SRL assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Hosteaza SRL may disclose subscriber information or information transmitted over its network where necessary to protect Hosteaza SRL and others from harm or where such disclosure is necessary for the proper operation of the system. However, Hosteaza SRL will never sell information to other services or outside companies.

Hosteaza SRL expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Hosteaza SRL policy. Finally, Hosteaza SRL wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Hosteaza SRL for any violation of the Service Agreement, law, or Hosteaza SRL policy resulting in loss to Hosteaza SRL or the bringing of any claim against Hosteaza SRL by any third party. This means that if Hosteaza SRL is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Hosteaza SRL, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Hosteaza SRL and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to [email protected].