Termeni si conditii de utilizare

• RoSite Equipment S.R.L.

• B-dul Basarabia nr. 96B, Sector 2, Bucuresti, Romania
• Phone: 021/568.15.69
• E-mail: office@newhost.ro

1. General Terms and Conditions:

1.1. The use of this site constitutes the acceptance of these terms and conditions, being the latest version of the TC (Terms and Conditions). Ro Site Equipment reserves the right to modify at any time the terms and conditions of use, without prior notice. Irrespective of any prior notice, the continued used of the services constitutes your acceptance of any such changes.

1.2. The terms and conditions herein constitute a contract, the sole agreement between the parties, creating rights and obligations benefiting, respectively binding the parties, and must be performed in good faith. All the Clients/Users of the services are subject to these terms and conditions, therefore the use of services entails the unconditional and full acceptance of the provisions set forth herein.

1.3. The service supplier is S.C. RO SITE EQUIPMENT S.R.L., hereinafter referred to as „Ro Site Equipment/the Company”, a Romanian legal person, having its statutory seat in 96B Basarabia Blvd, Bucharest, Romania, incorporated with the Bucharest Trade Registry under no. J40/4860/2005, unique registration code (CUI): 17352052. For other contact information, please see the Contact section on the site.

1.4. The relationship between the parties is governed by the Romanian laws pertaining to consumer protection – the Government Ordinance (OG) 130/2000 on the consumer protection regarding the execution and performance of remote agreements, the Law 296/2004 on the Consumption Code, the Law 363/2007 on fighting incorrect merchant practice in the relationship with the consumers and the harmonization of regulations with the European consumer protection laws, the Law 365/2002 regarding the electronic trade.

1.5. In using the services, the Clients/Users agree to provide real, accurate, actual and complete information about themselves. The supply of services offered by this site is conditional upon the accuracy of the data provided by the Client/User under the order form.

1.6. Ro Site Equipment may vary at any time the content of the website, may suspend or discontinue its operation, without prior notice to the Clients/Users of services. Ro Site Equipment may also limit the access of Clients/Users to the website of parts of it. This may not constitute a founded reason for the Client/User to terminate the collaboration relationship or refuse to pay the contracted services.

1.7. By using the website/services supplied by Ro Site Equipment, the Clients/Users are solely responsible for all the activities entailed by this use. They are liable for any material and/or moral damages caused to the Company, website, services or any third party with which the Company has entered into any agreement, in pursuance of the applicable Romanian laws.

1.8. The Client/User may not revoke his consent to this Regulation until the expiry of the term of use of the services contracted by this website. Any variation of the Terms and Conditions becomes binding on, and applicable to, the Client/User as of its posting on the website. The variations of the way of performance of successive considerations do not affect the considerations already performed, or those that should have been performed prior to their coming into effect.

2. Description of services:

2.1. The following services may be contracted via www.newhost.ro: registration of internet domain names, web hosting, dedicated services, server colocation, Cpanel licenses, VPN, Back-up solutions, hereinafter referred to as the „Services”. The registration of domain names is arranged directly with top-level registrars. The web hosting, dedicated servers, VPN, Backup are offered directly on our equipment. The details of each service may be found in the offer posted on the website.

2.2. In order to use the services of www.newhost.ro, the Client/User must have access to internet (world wide web), either directly or via devices enabling the accessing of web contents, and must pay the related access fee. Moreover, the Client/User must have the required equipment in order to connect to the internet, including computer and modem, or other access devices.

2.3. The access to the Company’s services is allowed to any User who makes an online order on the website, in keeping with the provisions below. In order to have access to the services, the Client/User must first agree with this Regulation. By contracting the desired service, the Client/User becomes a Client/User of the Company.

3. Order. Payment. Billing:

3.1. The order shall be made online, on the www.newhost.ro web page. By making the order, the Client/User agrees with the specific terms set out on the order page, and with the price of services and related terms of supply.

3.2. The Client/User accepts as means of communications those indicated in the compulsory fields of the online order (phone number, email address, etc.).

3.3. The Client/User shall only transmit the order after having verified the details and characteristics of the services presented in the offers posted on the website, upon such transmittal being considered that the Client/User has agreed with the prices, rates and conditions of supply thereof.

 

The Client/User must provide accurate, complete and real information. By opting for enrollment, the Client/User undertakes to correctly provide his name, address and other information deemed necessary. The Client/User may log in at any time in order to correct and/or update such information. The supply of false or obsolete data may invalidate the agreement or prevent the Company from contacting the Client/User.

 

3.4. By accessing his account and using his personal password, the Client/User becomes responsible for any actions in connection with the use thereof. Ro Site Equipment disclaims any responsibility for errors occurred pursuant to the negligent behavior of the Client/User in relation to the security and confidentiality of his account and password.

3.5. Upon completing the order, the Client/User shall receive a confirmation email, comprising the pro-forma invoice for the services thus ordered, based on which the payment shall be made. In the case of services entailing a monthly cost, the first pro-forma invoice reflects the cost of the first month of service supply.

3.6. With reference to monthly billed services, the Company shall raise a pro-forma invoice at the beginning of each month for the current month, and shall send it to the Client/User by email.

3.7. The posted prices are exclusive of VAT. The invoices in RON are raised at the National Bank of Romania (BNR)’s rate of exchange announced on the invoice date.

3.8. The equivalent value of the pro-forma invoice shall be paid within 5 (five) business days from its raising. The payment document shall be sent by fax or email, at the number or address indicated under the Contact section on the website.

3.9. Payment shall be deemed made when the Company’s account is credited with the amount representing the equivalent value of the pro-forma invoice. Subsequent to such payment, the Company shall raise the fiscal invoice and post it to the Client/User at the address filled in the order field or notified by the Client/User from time to time.

3.10. The contracted services will be commissioned only pursuant to the confirmation of the payment of the pro-forma invoice raised by the Company upon the order completion, as described in Art. 3.6. Any payment delay entails the postponement of the service commissioning. If no payment is made after 10 (ten) calendar days from the due date, the Company may deem the parties’ agreement automatically terminated, no court proceedings and other notice being required. In order to activate the services, the Client/User shall have to send a new order, and make the payment in the agreed upon conditions.

3.11. Subsequent to the service commissioning, any payment delay beyond 10 (ten) calendar days from the due date of the pro-forma invoice shall entail the suspension of services, until the payment by the Client/User of any overdue debt. The Client/User shall not be exonerated from the payment of subscription while the services are discontinued due to his fault.

3.12. The Company reserves the right to unilaterally amend the service rates, and shall post the amended rates on the website at least 5 (five) days prior to their coming into effect. The amended prices become effective as of the first day of the month following their posting on the website. The price variation shall only affect the services performed and billed after their coming into effect. The continued used of the services by the Client/User shall constitute his acceptance with the rates thus amended.

4. Policy against abuse:

4.1. In pursuance of our commitment to maintain the services at an optimal operational level for all the Clients/Users, Ro Site Equipment takes action against any types of potentially harmful abuses or behaviors.

4.2. In this respect, Ro Site Equipment does not allow a use of its services that may be reasonably believed to be threatening, defamatory or dishonest. The sending of unsolicited email (SPAM) of any kind whatsoever is strictly prohibited. Moreover, the Clients/Users are not allowed to use the Company’s network and services in order to send email which is excessive and/or intended to harass or disturb the other Clients/Users, to continue sending email to addressees who have indicated their unwillingness to further receive such email, to send email comprising counterfeit information in the TCP/IP packet header, to send malicious information, including but without limitation to mail bombing, to send or receive email in a manner contrary to the policies of an internet service provider.

4.3. Other types of unacceptable abuses are vulnerability tests, attempts to discontinue or make unusable other services, actions aimed at obtaining illegitimate information or privileges, the abusive/excessive use of information system resources (processor, memory, file number, flood, DDoS, etc.).

4.4. The network and services of Ro Site Equipment must be used in compliance with their purposes, and only for lawful uses. The Clients/Users are not allowed to use the network and services of Ro Site Equipment to transmit, distribute or store any content that infringes any intellectual property, copyright, trade secret, minor protection law or regulation, or the right to privacy, publicity, or other personal rights of other parties, any content that is deceitful, obscene, defamatory, libelous, abusive, or which contains viruses, “worms”, “Trojan horses”, or any other component likely to cause any failures, that contains fraudulent offers of goods or services or other promotional materials that is deceitful or misleading or counterfeit, or generally may entail the criminal or civil liability of the Company or any of its staff, collaborators or partners.

4.5. The Company disclaims any liability for any content created or accessible on or via its networks and services, that is not sent by it, or upon its request. The Company does not monitor or exert editorial control on any such content, but reserves the right to do that, to the extent permitted by the applicable law. The Company is not responsible for the way of accessing such content on or via the offered networks and/or services. The company is not responsible for the content of other websites than the Company’s website.

4.6. The Clients/Users are not allowed to infringe, or attempt to infringe, the security of the Company’s network and services, including but without limitation to accessing data not intended for the respective Clients/Users, or accessing a server or account that such Client/User are not permitted to access, attempting to test, scan or try the vulnerability of a system or network, or break the security thereof or the authentication measures without being properly authorized, attempting to interfere, discontinue or make unusable the service by another user, host or network, including but without limitation to overloading means such as “Flooding”, “Mail Bombing” or “Crashing”, counterfeiting any TCP/IP header or any part of the information comprised by it once emailed, or triggering any action for the purpose of obtaining services to which the respective Client/User is not entitled.

4.7. Ro Site Equipment reserves the right to block the access to its services and resources from certain IP address if we detect any suspect or potentially harmful activity. Contingent upon the nature and seriousness of the deed, Ro Site Equipment may provisionally or finally discontinue the supplied services.

4.8. The Client/User shall be solely responsible for any complaints by third parties addressed to the Company, grounded on either action prohibited for the Client/User under these Terms and Conditions. The Clients/Users shall compensate both the prejudiced third parties and the Company for any material/moral damage caused by their willful or negligent deeds.

5. Uptime Warranty:

5.1. The service availability is measured by calendar month, excluding the maintenance periods.

5.2. Maintenance time will be scheduled as possible during nighttime, and shall be notified in advance.

5.3. Under normal service conditions, the warranted service availability is 99.9%.

5.4. In exceptional force majeure cases such as war, social or political instability, natural calamities, actions of authorities, extended power failures, unavailable communications due to entirely external causes beyond control and other, Ro Site Equipment cannot warrant the smooth operation of its services, and shall not be responsible in this respect.

6. Term and termination of services:

6.1. Term

The term of this Regulation commences as of the date when then Client/User has enrolled, and continues over the selected period, as per the Enrollment Procedure.

6.2. Termination of services

The Client/User may unilaterally terminate this agreement without stating a reason, only by 10-business day notice sent in keeping with the provisions of the Law 51/2003 for the approval of OG 130/2000 regarding the legal regime of remote agreements, by email to support@NewHOST.ro, or by fax to +4021.320.61.18.

In pursuance of the OG 130/2000 regarding the legal regime of remote agreements: Consumer has the right to notify the merchant in writing that he renounces the purchase, without penalties or without stating any ground, within 10 business days from the receipt of his product or, in the case of service supply, from the agreement execution.

Notwithstanding that, the User may not unilaterally terminate an agreement for services whose performance commenced with the User’s consent, prior to the expiry of the afore-mentioned 10-business day time limit, or an agreement for services whose price fluctuates in relation to the financial market quotations, which cannot be controlled by the merchant.

6.3. Service termination by Ro Site Equipment

Ro Site Equipment may terminate its service at any time by prior written notice (e-mail). If the Client’s/User’s contact data are invalid, Ro Site Equipment does not assume responsibility for service discontinuation consequences.

At the same time, in accordance with these Terms and Conditions, Ro Site Equipment shall be allowed to discontinue at once the service supply, block the access or password to the Client’s/User’s account, remove the services from the Ro Site Equipment servers, or remove the content of the Client’s/User’s web site, in the following cases:

 

a. The Client/User has infringed, defaulted or inappropriately used these Terms and Conditions (Regulation), including any other regulations of Ro Site Equipment that the Client/User has accepted, or have been notified to him, or has failed to comply with any Romanian applicable laws;

b. The Client/User has provided false information upon enrollment;

c. The Client/User has failed to comply with the conditions referring to the reality, accuracy and validity of registered data;

d. The Client/User has failed to reply to communications sent to the email address declared upon his enrollment;

e. The Client/User is engaged in any illegal, fraudulent or other type of activity, sale of products or services entailing legal responsibility;

f. The Client/User is involved in activities prejudicial to the rights or image of the Company or other third parties.

Any discontinuation of the service by Ro Site Equipment shall have immediate effects, the Client/User consenting on the possible occurrence of some irreparable effects.

6.4. Termination for cause of services by either party

In addition to the above-referred terms, either party hereof may terminate these Terms and Conditions (Regulation) if the other party has failed to perform his undertaken obligations, and fails to make all efforts to remedy the respective situation within 30 days after receiving the other party’s notice, except for the defaulting of a payment obligation, when the provisions of Chapter 3 above shall apply.

6.5. Service discontinuation due to authority’s intervention

Whenever a governmental authority brings solid arguments incriminating this Regulation and service, as being prejudicial to the public order, Ro Site Equipment may suspend the service without any other related obligations.

6.6. Responsibility for payments/charges

Whenever Ro Site Equipment discontinues the service partially, pursuant to the defaulting of the terms and conditions, this does not suspend the Client’s/User’s obligation to fully pay the related price rates. If Ro Site Equipment discontinues the entire service, the Client/User shall be obligated to pay the price rates related to the use of service throughout the period mentioned under the enrollment agreement for which the Client/User has initially opted, price rates applicable as well in the case of early termination of the service.

7. Service resale

7.1. The Client/User is strictly forbidden to reproduce, multiply, copy, sell, resale or exploit any service component, use the services or access them without the express consent of Ro Site Equipment.

8. General use and storage practices

8.1. The Client/User acknowledges that Ro Site Equipment may set general practices and restrictions of the use of the services described on the site.

9. Disclaimer

9.1. Ro Site Equipment does not assume any responsibility for deadline exceeding, removal, failure to supply or mistaken storage of any form of communication or customized setting used by the Client/User.

9.2. The Client/User agrees as follows:

a. Ro Site Equipment does not assume any responsibility and does not grant any warranty whatsoever, explicitly or implicitly, including but without limitation to regular sale related warranties, to the adequacy for a certain purpose.

b. Any unloaded content or otherwise obtained by using the service shall be thus unloaded and/or obtained at the Client’s/User’s risk, who shall be solely responsible for any failure of the Client’s/User’s computer or any data loss resulted pursuant to the downloading of any materials.

c. The security mechanisms incorporated into the software (system) have certain actual/inherent limitations, the Client/User being responsible for accurately identifying his requirements.

d. Ro Site Equipment is not responsible for any prejudice caused by the use or impossibility to use any information on the site, for any loss caused by content errors or omissions.

e. Ro Site Equipment is not responsible for any malware or other failures that might affect the operation of the site.

f. Ro Site Equipment is not responsible for the content, quality or nature of other sites that might be accessed via its network; the responsibility for the respective sites devolves solely on their respective owners.

9.3. Ro Site Equipment does not warrant, under this Regulation or any other terms provided for and accepted by the Clients/Users, that:

a. The service is entirely adequate to their requirements,

b. The service will operate uninterruptedly and without errors,

c. The quality of products, services, information or other content purchased or obtained via the service will meet their expectations, and any software error will be corrected.

9.4. Ro Site Equipment is not responsible for any deterioration, data loss or other damages caused by delays, errors of transmission or information non-transmission, due to restricted or discontinued access, bugs or other errors, unauthorized use due to the shared access to the service, or other interactions with the service. The Clients/Users shall be responsible for the maintenance and backup of their data and any information stored via the service.

9.5. Ro Site Equipment is not responsible for the nature and content of any materials and information transmitted by the Client/User, who shall be responsible for the legal use of the service, and shall be obligated to remedy any prejudice caused by the abusive/unlawful/inappropriate use of the service. The Client/User shall be responsible for any claims or complaints in relation to the service use.

10. Personal data

10.1. The Client/User agrees that any personal data and other information provided by him may be processed and used by the Company in any marketing, telecommunications and other activities and purposes, for the setting up of databases, and any use of these whatsoever.

10.2. At the same time, the Client/User agrees to receive direct marketing calls, also for the purpose of promoting the services/facilities offered by and/or through the Company.

10.3. The Client/User has the right to request in writing, at no cost, by registered letter with return receipt, that his personal data may not be used by third parties for direct marketing.

10.4. The Company shall not make public the name, address and phone/fax numbers of the Client/User, unless otherwise required by the law or specifically accepted by the Client/User.

10.5. The processing of data/information provided by the Client/User shall mean any operation or set of operations performed on the data/information by automatic or non-automatic means, such as collection, recording, organization, storage, adaptation and/or variation, extraction, consultation, use, development by third parties, adjoining or collation, blocking, removal or loss thereof.

11. Force majeure

11.1. Except for the obligation to make payments, neither party shall be responsible for any delays in his actions or inactions regulated under these TC, if the respective delay is due to an event beyond his control such as (but without limitation to) acts of war, governmental acts, internet discontinuation (not resulting from the actions or inactions of Ro Site Equipment), natural phenomena, earthquakes, embargos, sabotage, labor conflicts, etc. Any such force majeure event:

a. must be notified to the other party; and

b. the party affected by the force majeure event must make reasonable commercial efforts to promptly correct any related failure or delay. If Ro Site Equipment is unable to offer the services for 30 consecutive days due to a force majeure event, the Client/User may terminate the service, without any obligation for Ro Site Equipment.

12. Litigation

12.1. Any dispute pertaining to these TC which might arise between the Client/User and the Company shall be amicably settled. If an amicable settlement cannot be reached, the litigation shall be deferred for resolution by the courts having jurisdiction and venue.

12.2. The Company is not responsible for any loss, cost, court proceedings, claims, expenses or other liabilities generated by the failure to comply with these TC.

12.3. If any clause of these TC is found to be invalid or unenforceable for any reason, that shall not affect the other clauses hereof, who shall further be valid and enforceable.

13. Final provisions:

13.1. The entire content of this site (texts, images, artwork, buttons, applications, scripts, etc.) is the property of SC ELF WORKSHOP SRL, and is protected by copyright and other intellectual property laws. The unauthorized use of any above-referred content shall be penalised in accordance with the applicable laws. The content copying by automatic devices or programs or the manual copying thereof comprise the constitutive elements of a theft offense, and may entail the applicability of criminal law.

13.2. This document was made in accordance with the Romanian laws.

Back-up policy

Your use of the service is at your sole risk. newHOST.ro is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on newHOST.ro servers.

newHOST.ro is using internal backup procedures that allows us to restore your services in case of a server failure. The backups are performed at 24h intervals. These backups will not be restored if the client invokes a reason other than a hardware failure of the server hosting it's service (Shared Hosting and VPS). newHOST.ro reserves the right to exclude those accounts that due to their size are generating an increased load on our infrastructure. In case your service was not excluded due to the large disk space usage and you require a restoration for a reason other than a server hardware failure, the charge for restoring a Shared Hosting account is 10 EUR+VAT per restore and 50 EUR+VAT per restore for a VPS account.

As a general rule every VPS that uses more than 5GB of disk space and every Shared Hosting account using more than 1GB disk space will be excluded from the daily backup procedures.

Flood attacks

This policy applies to shared hosting, VPS, dedicated servers and colocated servers. Any flood attack, be it Denial of Service or Distributed Denyal of Service aimed at your services will automatically deactivate your service. newHOST.ro will NOT send a prior notification, nor an acceptance request for the service deactivation. You will be notified at a later time of the reason for your service deactivation. This policy is meant to protect the newHOST.ro clients that are affected when a third party starts an attacked aimed at given client's service. If the attack is only affecting the intended client's service, while not extending it's effects to other customers, it will be at our sole discretion wether we will or will not apply this policy. However, if the attack will affect other clients, there is absolutely no exception whatsoever from applying this policy regardless of the nature of the service the attacked client is hosting on the newHOST.ro infrastructure.

The high risk services are: audio streaming (ShoutCast), IRC (Internet Relay Chat) servers, the online gaming servers. We do allow these services to be hosted with us, yet we make no exception from the above rule.

In case your services are deactivated, we will do our best without any guarantee whatsoever, to assist you in recovering your data stored on our servers, if this data was not previously saved by using automated backup procedures that are the client's sole responsability. The public access to a service will not be possible once it was deactivated.

Bandwidth fair usage policy

Dedicated servers:
The dedicated servers are connected in 100 Mbps switchports. NewHOST is buying from it's ISP three times more bandwidth than the average use. Thus it is impossible for your server to be bottlenecked by a data transfer congestion. The bandwitdh fair usage rate for a dedicated server is 20 Mbps. This value is indicated by 95th percentile switchport graphs, graphs which you can access on demand.

If your server exceeds the 20 Mbps 95th percentile value for a timespan larger than 15 consecutive days, your switchport will be set to 10 Mbps. You will not have to pay any additional cost in case your server's switchport is set to 10 Mbps. In order to keep the 100 Mbps or to have your server connected to a gigabit switchport, please contact the NewHOST sales team.

The above mentioned limits apply to domestic connectivity only. The bandwitdh fair usage policy for international connectivity is 5 Mbps. If your server exceeds this limit for a timespan larger than 15 consecutive days, it will be limited to 1 Mbps for the international connectivity.

VPS servers:
The VPS servers are hosted on physical servers connected in 100 Mbps or 1 Gbps switchports. NewHOST is buying from it's ISP three times more bandwidth than the average use. Thus it is impossible for your VPS to be bottlenecked by a data transfer congestion. The bandwitdh fair usage rate for a VPS server is 10 Mbps. This value is indicated by 95th percentile graphs.

If your VPS exceeds the 10 Mbps 95th percentile value for a timespan larger than 15 consecutive days, your VPS connectivity will be limted to 5 Mbps. You will not have to pay any additional cost in case your VPS is limited to 5 Mbps. In order to keep the 100 Mbps connectivity please contact the NewHOST sales team.

The above mentioned limits apply to domestic connectivity only. The bandwitdh fair usage policy for international connectivity is 5 Mbps. If your VPS exceeds this limit for a timespan larger than 15 consecutive days, it will be limited to 1 Mbps for the international connectivity.

We would like to highlight the fact that this fair usage policy is only intended to demonstrate a potential bandwith abuse of a NewHOST client. If your service will exceed the above mentioned limits, will NOT imply that your bandwidth will be limited. These limits will be enforced at NewHOST tech team sole discretion if you are found to abuse our network. The short usage spikes (for instance automated backup processes that upload a moderate amount of data to a remote server) are not taken into account by the 95th percentile graphs. For a more detailed explanation of how the 95th percentile graphs measure the used bandwitdh of a give service please go to this page: http://en.wikipedia.org/wiki/Burstable_billing

 

Informatii de dezabonare: