1. Preamble
This agreement on the “Terms and conditions of use of
the funnyhost.eu web hosting service” (hereinafter referred to as the
“agreement”), sets out the conditions under which any person may
visit or access the funnyhost.eu website (hereinafter referred to as the
“site”) or use the funnyhost web hosting service in any way. ro
(hereinafter referred to as “the service”), and has the value of an
agreement concluded between S.C. Romleas S.R.L. (hereinafter referred to as
“the provider”), in its capacity as owner and administrator of the
site and provider of the service, and any person who visits or accesses the
site or who wishes to use or actually uses the service (hereinafter referred to
as “the user”).
Failure to accept this agreement or any provision hereof
shall oblige such person to immediately cease accessing the site or using the
service in any way.
Further access or visit of the site, opening of a funnyhost.eu
account or use of the service in any way constitutes full acceptance of the
agreement and any of its provisions, including any subsequent changes that may
be made without restriction by the provider, without any further formality.
2. Content publication policies
It is prohibited to publish on the provider’s servers
content or links to such content that: (i) infringe or prejudice in any way the
intellectual property rights of other persons or other rights; (ii) contain
obscene or pornographic content or content of a violent nature; (iii) contain
defamatory or libellous content; (iv) contain content of a racial or
discriminatory nature; (v) contain viruses, Trojan horses or similar content;
(vi) contain pirated software or are directed at those who pirate software or
engage in any similar activities.
Users who are beneficiaries of hosting packages are not
entitled to store on the Provider’s servers any content other than the files
and database of their own website and the emails associated with their account.
The storage space made available by the Provider may be used exclusively for
the purpose set out above, i.e. the storage of website files, database and
emails. In all situations where the user violates these provisions, the
Provider has the right to delete the files that do not fall within the limits
mentioned, without notice, without further formalities and without being
obliged to pay compensation to the user. In case of repeated infringements, the
Provider has the right to suspend/close the accounts of the respective users.
3. IRC
It is prohibited to operate IRC (Internet Relay Chat) or IRC
bots from the Provider’s servers, or to host on the Provider’s servers any
IRC-related files or any similar files.
4. Unsupported Content
The operation of adult sites or content, unauthorized or
illegal betting, irc, hubs, dc, bots, torrent, mining is prohibited.
It is also forbidden to operate any type of service (DNS
hosting, email, FTP, webdisk, SQL, etc.) that is directly related to the above
categories.
5. E-mail
It is forbidden to send unsolicited e-mail messages (also
known as SPAM or UCE) by users using the service or an e-mail address managed
from another system that contains references to the users’ site, if this site
is hosted by funnyhost.eu.
6. Illegal activities
It is forbidden to use in any way the funnyhost.eu system,
the site or the service to carry out any illegal activities or activities
related to illegal activities, including but not limited to hacking, credit
card fraud, theft, threats or violence, as well as any attempt to undermine or
cause damage to a funnyhost.eu server or a funnyhost.eu user.
Users assume the obligation not to introduce any kind of
viruses on the site or in the funnyhost.eu system and to refrain from any kind
of “flooding”, “spamming”, “mailbombing” or
“crashing” actions, as well as from sending unsolicited messages to
any other user.
It is also forbidden the use by users of any devices or
computer programs or any other means that may lead to the modification of the
functioning of the site or the service or the prevention or disturbance in any
way of their functioning.
Users undertake not to use the information or facilities
offered by the site or the service for any purpose contrary to the interests of
the provider or other users, and not to access without the express
authorisation of the provider or in any other way than that permitted by the
provider the database used for the provision of the service.
In case of violation of these provisions, the Provider
reserves the right to suspend/close the accounts of those guilty of illegal
activities. The Provider may also proceed to delete all data on the server and
may refuse in such situations requests for refund of fees for the period in
which the service was not provided because the account was suspended / closed
for illegal activities. The Provider has the right to withhold money received
from the User as a penalty for violation of this User Agreement.
If the user carries out any activities that result in the
blacklisting of the IPs assigned to him by the Provider, the Provider is
entitled to charge the user an amount of 100 euros as a penalty. In addition,
the Provider has the right to terminate the contract concluded with the user
concerned by a simple notice sent to the user, without notice, without the
intervention of the courts and without any other formality.
The Supplier shall be entitled to withhold the amount owed
by the User by way of penalties from any sums paid in advance by the User by
way of price.
7. Information and materials
In all situations in which they use in any way or post on
their sites information or materials, users assume the obligation not to
prejudice in any way the copyrights that a third party may invoke in relation
to such materials and information. Users are solely responsible for the
materials and information posted on their sites or for opinions of any kind
expressed in any areas of their sites. Users understand and accept that the
violation in any way of the foregoing provisions cannot engage the liability of
the provider in any way, but only the liability of the users.
If the operation of a user’s site requires the installation
on the provider’s resources of additional software to that made available in
the purchased service package, the user assumes full responsibility for
acquiring the necessary licenses and for all legal consequences arising
therefrom, the provider having no liability.
8. Hostname and IP address
The provider is and will remain the sole owner of all IP
addresses in the provider’s network. Users are not allowed to change the TCP/IP
configuration or use configurations that have not been assigned to users by the
provider. The provider reserves the right to change the IP addresses assigned
to users during network upgrades, security provision or any migration service
in the network.
9. Payment of charges for the provision of the service
Prices shown are in Lei and include VAT. All invoices and
payments are processed in Lei.
For each day of late payment after the due date, for pro
forma invoices a penalty of 0.5% / day is charged.
If more than 30 days of non-payment are exceeded and the
account is deleted from the server, the client can request the site to be
restored from an older backup; if this is possible, a fee of 100 lei will be
charged for this service, only if the site recovery has been successfully
completed.
10. Value added tax
The tariffs (fees) mentioned in the Convention or in any
related documents include the related value added tax, unless otherwise
indicated in the respective document/page.
11. Pro forma invoices
After the supplier has issued the proforma invoices, users
can obtain these invoices by accessing the funnyhost.eu payment system.
12. Methods of payment of the fees for providing the service
User accounts for which the payment to the provider of the
fees for the provision of the service is made by cheque or payment order will
be set up and activated only when the cheque has been received by the provider
or when the user has sent by email the proof of the payment order. In all
cases, the supplier has the right to determine at its discretion, whenever it
deems necessary, that the setting and activation of user accounts will be done
only when the supplier has received the amount corresponding to the tariff or
the supplier’s bank account has been credited with this amount, the operation
being confirmed to the supplier by his bank.
13. Terms of payment
Depending on the regularity with which orders are placed,
users have different payment terms. For new orders, the payment term is 7 days.
Next invoices will be issued 7 days before the end of the period paid by the
customer. If at the end of this period the user has not paid the order placed,
then the measures of article 17 of this agreement will be taken against him.
For any payment that does not imply a new order (e.g.
hosting packages, non .ro domain extension, etc.), the due date for invoices
issued by the Provider is 14 days from the date of issue. Exceeding this term
gives the Supplier the right to apply the sanctions provided for in article 17
of this agreement.
14. Duration of the Contract
The hosting and/or co-location contract concluded between
the provider and the user shall enter into force on the date of payment of the
price of the service and shall have the duration chosen by the user before
payment. Contracts shall be automatically extended for successive periods equal
to the initial term, unless the user gives notice of termination no later than
at the end of the initial term/each extension period. The supplier will issue a
pro forma invoice at least 7 days before the end of the subscription term, and
the user must pay the invoice within 14 days of issue if he wishes to extend
the subscription. If by the due date of the invoice the user has not paid the
amount of the charges for the services invoiced, the contract shall terminate
automatically, without notice and without further formalities.
Hosting contracts may be terminated unilaterally by either
party with 30 days’ notice without penalty.
By making the payment, the user requests that the provision
of the services begins during the 14-day withdrawal period.”
15. Migration of packages
Upon request, the Provider may transfer the web hosting
account that the new user holds to another hosting company free of charge, only
if full back-up of the website or cPanel / WHM login data is provided. The
transfer of a hosting account is done by moving the entirety of a stand-alone
account to another stand-alone account, without changing anything in that
account.
The above mentioned operations are performed free of charge
between 00:00 and 23:59, Monday to Sunday.
The same rates are applicable if the user wishes to migrate
the main domain as an add-on domain. Therefore, if the Provider is able to
perform these transfers, the rates for on-demand support services as described
in paragraph 21 will apply.
16. Payment in advance
In the case of all packages in the current offer, the
Provider will offer a discount on the total subscription amount to users who
make payment in advance.
17. Suspension of account for non-payment of fees
The accounts of users who have not paid the charges for the
provision of the Service within the time limit provided for in the Agreement
will be suspended until confirmation of payment or until the date of payment,
as mentioned in the article concerning the methods of payment of charges.
Reactivation of the accounts may be made either after confirmation of payment,
by sending proof of payment, or after payment, under the conditions mentioned
in the section “Methods of payment of fees for the provision of the
Service”.
Following the suspension of the account, the Provider will
automatically generate a notice on the User’s page containing the Provider’s
logo and contact details. The announcement will include the reasons for the
account suspension and the payment options available to the user. The Provider
will also provide contact details so that the user can contact the Provider for
any reason. By posting this notice, the Provider does not intend to promote
itself on the User’s website. The Provider uses this advertisement to inform
the User that the User has not fulfilled its obligations to pay the fees.
On the date of suspension of the user account for
non-payment of fees, the Provider may also proceed to remove any existing data
on the Provider’s servers at its discretion. The Provider has no obligation to
the users to keep the data of users who do not properly fulfil their
obligations to the Provider. The Provider has the right to keep the data on the
server for a period of 30 days after the suspension of the account, but the
Provider is not obliged to keep this data.
18. Reopening of accounts
The provider may re-open accounts closed for non-payment of
tariffs only after full payment of all amounts owed by users, including
re-opening fees, and re-opening of accounts may be made by the provider at its
discretion, at its own discretion, only if the provider determines that there
is no longer a risk of non-payment of tariffs for the provision of the service.
19. .ro Domains
A user wishing to register a .ro domain can do so by
accessing the “Domain Registration” link. To proceed with the
registration of a .ro domain, the applicant must be familiar with, understand,
and agree to all conditions stated on the www.rotld.ro website, including
registration rules, the registration contract, and any other information
available on the mentioned site. From the moment of requesting the registration
of a .ro domain, the user has 15 days to pay the registration fee, as described
in paragraph 11. If, at the end of the 15 days, the user has not fulfilled
their payment obligation, funnyhost.eu, in partnership with ICI-ROTLD, may
cancel the request, and the requested .ro domain may become available again
without the obligation to notify the user. funnyhost.eu is not obligated to
justify, in any manner or to any extent, the decision to cancel the
registration of the .ro domain.
When requesting the registration of a .ro domain, the user
must provide valid contact information. Otherwise, there is a possibility that
the domain registration may be rejected. The provider assumes no responsibility
for situations where, due to system errors, invalid contact data, or any other
reason, the .ro domain requested by the user through the provider could not be
registered.
In the case of renewing a .ro domain, the provider will
issue a proforma invoice 30 days before the expiration date of the right to use
that domain. Within this period, the user is required to pay the corresponding
fee. If, by the due date of the invoice, the user has not paid the service
fees, the provider will not proceed with the registration or renewal of the
requested domain/domains. If the payment for the proforma invoice is received
after the expiration of the 15 or 30-day period, there is a possibility that
the registration/renewal of the domain can only be done by paying additional
fees imposed by registrars.
The provider assumes no responsibility for the annual
maintenance of “.ro” domains. Renewing the domain and paying the
corresponding fees are the sole responsibility of the beneficiary.
20. Non-.ro
Domains
The registration and renewal of domains with extensions
other than .ro will take place after payment confirmation. In the case of
registering a new non-.ro domain, the provider will issue a proforma invoice,
and the user is required to pay the corresponding fee within 15 days. For the
renewal of a non-.ro domain, the provider will issue a proforma invoice 30 days
before the expiration date of the right to use that domain, and the user must
pay the fee within this period. If, by the due date of the invoice, the user
has not paid the fees for the requested services, the provider will not proceed
with the registration or renewal of the requested domain/domains. If the
payment for the proforma invoice is received after the expiration of the 15 or
30-day period, there is a possibility that the registration/renewal of the
domain can only be done by paying additional fees imposed by registrars.
The provider assumes no responsibility for the registration
and/or renewal of requested domains after the expiration deadline. If the
provider agrees to provide services after the expiration of invoice deadlines,
the user is responsible for paying any necessary fees requested by registrars
and bearing all associated costs.
21. Fees for
On-Demand Support Services
In addition to free support, the provider will offer users,
upon their written request, support or administration services (any services
provided to users outside those strictly related to setting up hosting
accounts) as follows: (i) 1 hour – €35/hour; (ii) 2 hours – €30/hour; (iii) 3
hours – €25/hour; (iv) any duration exceeding 3 hours – €20/hour. These prices
are non-negotiable.
22. Refund of
Fees
Refunds to users for fees paid for service provision are
only made for a full calendar month, and only if the user has requested this in
writing to the provider at least 24 hours before the start of the respective
calendar month. In all situations, setup fees or web domain registration fees
will not be refunded by the provider. The provider will not refund fees
associated with licenses purchased by the provider on behalf of users if these
have been paid by the provider before user requests for refunds of unused fees.
If users request a refund of fees paid for services used or
to be used, the provider will refund them proportionally to the services
provided up to the time of the request, if applicable. Additionally, the
provider will retain the amounts necessary to cover bank transaction fees
related to the refunds.
23. Right of
Withdrawal
In accordance with Emergency Ordinance no. 34/2014 on
consumer rights in contracts concluded with professionals, as well as the
amendment and supplementation of certain normative acts, except for cases
expressly mentioned by law, the consumer has a period of 14 days to withdraw
from a distance or off-premises contract, without having to justify the
decision to withdraw and without incurring additional costs.
The withdrawal period mentioned above expires within 14 days
from the date of concluding the contract, in the case of service provision
contracts.
Exceptions to the right of withdrawal concerning distance
contracts and off-premises contracts include service provision contracts after
the complete provision of services if the execution has begun with the
consumer’s prior express consent and after confirming that they are aware of
losing the right to withdrawal after the complete execution of the contract by
the professional.
Consumers can unilaterally terminate hosting, reseller, and
VPS server service contracts for any reason within 14 days of concluding the
contract, with a full refund of the amount paid. The paid price will be fully
refunded upon a request submitted to Romleas S.R.L.
The contract conclusion date is the date of payment for
services.
To exercise the right of withdrawal, you must inform us of
your decision to withdraw from the contract, using an unequivocal statement,
such as a letter sent by post, fax, or email. For this purpose, you can use the
Withdrawal Form, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient to send
the communication regarding the exercise of the right of withdrawal before the
withdrawal period expires.
If you withdraw, we will refund any amount received from
you, no later than 14 days from the date we are informed of your decision to
withdraw from the contract. We will make this refund using the same payment
method as the one used for the initial transaction unless you have agreed to
another payment method; in any case, you will not incur any fees as a result of
such a refund.
The right of withdrawal cannot be exercised after the
complete provision of services in the case of internet domain registrations and
SSLs. In these cases, the consumer declares that they are aware of losing the
right of withdrawal after the complete execution of the contract by Romleas
SRL. The consumer agrees to the execution of the contract starting from the
date of payment for the services. Therefore, in all these cases, the execution
began with the consumer’s prior express consent.
24. Damages
The user declares that they understand and accept that in
any situation where the user requests damages of any kind from the provider,
the total amount of damages requested by the user for any reason and payable by
the provider will not, under any circumstances, exceed the total amount of fees
paid by the user to the provider.
25. Uptime
Guarantee
The 99.9% Uptime Guarantee (operational guarantee) applies
only to the operation of the network and does not apply to the servers or the
services and applications existing on the servers.
26. Disclaimer
The provider will not be responsible in any way for server
downtime due to user actions or fluctuations in internet consistency.
27. Proper Use
of Resources
Sites within the contracted transfer limit remain subject to
review if they use more than 99% of the total system resources.
28. Domain
Transfers
The transfer of a domain is the responsibility of the users
and not the provider, and no amounts paid as fees will be refunded to users if
their domains are not transferred.
29. Services
Provided to Users
All services, such as backup (data backup) or control panel,
are provided to users only as a courtesy of the provider, without the provider
assuming any obligations to users in this regard. The user declares that they
are aware of this and understand and accept that they are solely responsible
for backing up their site’s data. The provider is not responsible in any way
for the loss of hosted information due to user actions or errors in
applications not associated with the service. For example, the control panel is
not associated with the service and is not provided by the provider but is
developed and offered by cpanel.net.
30. Service
Provision Conditions
The provider assumes no responsibility for any consequences
resulting from the use of the service or the data and information provided in
any way by the site, and the user declares that they understand and accept
this.
31. Right to
Refuse Service Provision
The provider reserves the right to refuse service provision
to any person, according to the discretionary judgment of the provider and
regardless of the reason, without being required to justify or motivate this.
32. Service
Termination
The provider has the right to immediately, without notice
and without any other formality, deny access to the site or access to the
service to any user or any person who violates in any way any of the clauses of
this agreement. In this case, the provider has the right to immediately
terminate the provision of the service to the mentioned persons. At the
exclusive option of the provider, in the case of any violation of any clause of
this agreement, the provider may resort to the above-mentioned measure, or may
issue a warning to the respective person, or may temporarily restrict the
person’s access to any of the site or service facilities.
33. Limitation
of Liability
The user understands and accepts that the services
contracted through this site are provided on an “as is” and “as
available” basis.
In the event that the services are inaccessible,
inoperative, or malfunction for various reasons not attributable to the
provider, including but not limited to system errors, hardware or software
errors (attributable, for example, to their manufacturer), the non-operation or
malfunction of the equipment used by the provider, or any causes beyond the
provider’s control, the user absolves the provider of any responsibility. In
all these situations, the provider will not be liable for any direct or indirect
damages or losses to the user or third parties.
34. Notifications
and Announcements
35. Amendment
of the Agreement
The provider has the right to modify any of the prvisions
of the agreement without any notice or any other formality. Any modification is
accepted by the users of the site by simply using any facility offered by the
site or service or by accessing the site or account, occurring at any time
after the modification takes effect. The non-acceptance of any modification
imposes the obligation on the respective user to immediately cease accessing
the site or account or using the service in any way.
36. Protection
of Personal Data Stored by Users of Web Hosting Services on the Servers of
Romleas S.R.L.
Romleas S.R.L., as the processor, processes securely and
confidentially, on behalf of users and only for the purpose of providing web
hosting services, the data stored by users on its servers. The processing
duration is equal to the duration of the contract between Romleas S.R.L. and
the user.
The types of processing carried out by the Provider are:
storage, copying (backup), and deletion when, for any reason, the provision of
web hosting services ceases.
Romleas S.R.L. does not have information regarding the types
of personal data and the categories of data subjects that users collect and/or
process in the storage space.
Given the nature of the processing, Romleas S.R.L. assists
the user, to the extent possible, in fulfilling the user’s obligation to comply
with data protection legislation.
The web hosting servers are located in Europe, and the
stored data is not transferred to third parties.