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.