Terms & Conditions
Chapter 1 - DEFINITIONS
eDomenii - is further on the name given to Key-Systems GmbH, DE 211 006 534, the PROVIDER of the web hosting services that can be purchased at www.eDomenii.ro Order - request addressed to GlobeHosting by any person, with the purpose of purchasing domains or web hosting services Client - any person that initiates an order
Chapter 2 - INTRODUCTION
This document defines the general conditions that need to be fulfilled before GlobeHosting agrees to provide any services to its clients. This document is an agreement between GlobeHosting and its clients, thus benefiting from any GlobeHosting products or services implies accepting and complying with the terms and conditions stated hereby.
GlobeHosting reserves itself the right to make changes to this document, but this does not represent a motive neither for ceasing collaboration nor to refuse payment on the part of the client.
Chapter 3 - THE ORDERING PROCESS
Any order will be submitted to GlobeHosting.com. Clients agree to introduce in the ordering form information that is complete, correct and according to reality. GlobeHosting cannot be held responsible under no circumstances for prejudice caused to the client as consequence of his/her failure in complying with this.
Upon completing the order a pro-forma invoice is sent automatically to the email address that you have introduced in the 'email' field of the ordering form. The invoice contains all the information necessary for the client to make payment. The pro-forma invoice has no value in bookkeeping .
Chapter 4 - TERMS OF PAYMENT / INVOICING
Clients receive access to the GlobeHosting services that they have ordered within 24 hours from their confirmation of payment. GlobeHosting recommends to all its clients to confirm payment by email to [email protected]
Clients agree to pay for GlobeHosting services in advance toward the period they are supplied.
All pro-forma invoices are sent by email and a printable version is made available for the client in the control panel. Clients agree to pay the amount stated on the invoice in advance toward the period of time they are supplied with the required services. Clients agree to pay the amount on the pro-forma invoice within 5 days from the issuing date.
After the processing of payment GlobeHosting issues an invoice that is sent to the client by mail to his location.
Customers are responsible for the provision of sufficient funds in their account and we will not be held responsible for any charges incurred as a result of overdrawing of the bank account or credit card or as a result of failed transaction
CURRENCIES
All invoices and payments are processed in RON. Prices expressed in other currencies on www.edomenii.ro are informative and may be inaccurate due to modifications of the exchange rate. Clients are strongly advised to check the amount using the exchange rate of the same day the order was submitted.
TERMINATION
We reserve ourselves the right to terminate any account after 5 days if due payment is not made. Any postponement will be at our discretion
ONLINE PAYMENT
You should know that payment made trough credit/debit cards implies a 4% commission.
Chapter 5 - MONEY BACK GUARANTEE
Customers are entitled to a refund within 30 days of the initial order being placed. Clients will request this by an email to [email protected] . The email must contain the client's personal identification information, the reasons which have led to this decision, as well as the information required for the money transfer.
The 30 day money back guarantee does not apply and will not be issued , in one or more of the following cases:
a. if more than 50% of allocated data transfer has already been used on the web hosting account (for clients who have a Business package, the limit will be 10GB - for more details, about this package, please read Chapter 6, the section called "Business"). b. if the account has breached these terms and conditions prior to cancellation. c. if the account was on a monthly payment basis (schedule).
No refunds are issued for domain registrations. In case of a confirmed refund, the client will receive, back, his money ; From the returned amount, will be reduced the credit card processor's commission, in a rate of 4%, for each of the two transactions (purchase and refund) and other special discounts, which were given, in the purchase occasion.
After the 30 day introduction period, no refunds will be issued for account cancellations
Chapter 6 - MISUSE
Spam / Unsolicited Mass E-mail The sending of Unsolicited Commercial Email (SPAM) through our servers promoting any website or through third party servers promoting a website hosted by us can result in the suspension or termination of the customers web hosting account without refund. Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear 'opt in' methods and a strict removal procedure is published in all mailings. 'Safelists' and other advertising related mailing lists may not be operated. Any complaints received are taken seriously and will be investigated.
CHAT-ROOMS
Only the chat room scripts provided for the customer in their control panel are allowed on our server. Any other scripts found will be disabled and the account suspended in serious or repeated cases. An exception to this term is provided for scripts which are FULLY applet based whereby the applet is downloaded and run from the clients system.
Account Usage
Under no circumstances must our servers be used for the hosting or communication of, reference to or linking to any of the following:
- nudity, pornography, anything of a sexual, lewd, or obscene nature;
- violations of any copyright or any other right of any third party;
- threatening, abusive, harassing, defamatory statements;
- promotion of illegal activities (hacking, cracking, etc);
- information or software containing or about any kind of virus;
- hate speech or hate propaganda;
- the collection of personal information for illegal purposes;
- content deemed by us at our sole discretion to be harmful to us
Banned scripts
We do not allow the use of the following scripts on our servers: - UltimateBBS - IkonBoard - All versions of YABB forum - Proxy scripts - IRC scripts - Anonymizer - Chat rooms not included as standard in the cPanel (see s4.2) - phpShell and similar command execution scripts - FormMail
Resellers
In the event that a resold account is in breach of our misuse terms, we reserve the right to suspend this account without informing the reseller. The end user will not be contacted by us and every effort will be made to inform the reseller (our customer) of our actions and reasons.
Business
In reference to the BUSINESS Legacy hosting package (240 Eu. /year), we reserve ourselves the right to accept or refuse customers, depending on the content of the site in question, as well as to suspend or cancel contracts without prior notification, in case the customer violates the terms and conditions we had agreed upon. Thus, any order that requires hosting for a site that could be included in the category of e-commerce will be rejected, including:
- Resellers of domains
- Resellers of hosting services
- Resellers of virtual stores
- Search engines Or
- Sites with explicit sexual content
- Free e-mail
- IRC services
- Mailing lists applications
- Any other application that has to do with: spoofing, proxy, hacking, sniffing, warez (mp3, avi, etc. music, movies).
- free downloads
It is also forbidden to use our servers for storage / archiving (exp. Movies, mp3, pictures, emails, etc.), files must be connected directly from the website. Business hosting accounts have imposed a limit of 250 000 files or directories. Accounts that exceed 20GB storage space are excluded from the backup.
GlobeHosting continuously supervises the hosted domains so that the above stated is observed, using methods based on resource monitoring.
VERY IMPORTANT! We will not host great resource consumer sites on our Shared Hosting packages - FREE, START, ECONOMIC, BUSINESS. The term 'shared' means that several clients use resources by division
Chapter 7 - BACKUP
Regularity and policy
Backups are made by us each day on an incremental basis and each week on a full basis, however, no guarantee's are made of any kind as to the integrity of these backups. All customers are strongly advised to regularly download their own backups from their control panel where a zipped archive is provided daily of all account files and databases .
Chapter 8 - RESOURCE USE
CPU & Memory
All accounts are monitored for their use of server resources. If any account is using a high amount of server resources we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
Data transfer and webspace allocations
Customers can request a package upgrade or temporary resource increase at the costs available to view on our website at http://www.GlobeHosting.com. It is the sole responsibility of the customer to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits have been reached and manual unsuspension is required by us .
Email size
Within Shared Hosting or Reseller plans, there is a limit for sending and receiving emails. We have established it for: 10MB attachments and 10 MB total email size.
Chapter 10 - LIMITATION OF LIABILITY
We are not responsible for any claimed damages, which may result from our servers going offline, or being unavailable for any reason. This includes damages which may result from the corruption or deletion of data. The customer agrees to indemnify and hold us and our employees harmless from any claims, damages, including but not limited to consequential damages resulting from the use of the service which damages the customer or any other party.
Chapter 11 - GENERAL TERMS
We will cooperate fully with investigations of violation of systems or network security at other sites and will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate these terms may incur in criminal or civil liability.
For clients with multiple accounts and resellers, we reserve the right to suspend all accounts should the main account owner violate these terms and conditions in a manner deemed by us to be extremely serious.
In the event that we are unable to contact a reseller account holder to pursue payment, we reserve the right to contact their customers to inform them of the situation. We also reserve the right to contact a resellers customers if they are 'abandoned' by the reseller account holder.
We will be the sole arbiter as to what constitutes a violation of these terms and conditions. The failure by a customer to meet or follow any of the above terms and conditions is grounds for account suspension or deactivation .
MODIFICATIONS
We reserves the right to add, delete, or modify statements in these Terms and Conditions, our hosting packages, prices and website at any time with notice provided via WWW and announcements in our forum and/or customer control panel(s). All customers are encouraged to check this document at least once a month to ensure they are aware of any changes. GlobeHosting may assign, transfer, delegate, sell or otherwise dispose of its rights and obligations under this document without notice or consent. In addition, GlobeHosting may delegate its performance to one or more affiliates.
Registration of .ro domains for one year
Due to the modifications that are going to take place in the close future in the national sistem of registration for .ro domains, GlobeHosting wants to present the clients or future clients these new procedures for registering a .ro domain for one year only.
The registration of .ro for one year takes place immediately, after having received your payment confirmation
This way, the .ro domains offered to the clients for one year are like rented, ( the same way Xnet does, for example) and the price payed represents the fee of renting one domain for one year. This domain comes with service of managed dns. The domains will have our dns and the client will have the posibili to change only the IP address to wich the domain will be directed.
These domains are GlobeHosting's property, but the right of using it will be of the first client who orders the domain and who has payed the fee for the domain, but the client can become also the owner of the domain if he demands us the tranfer. This right is his in the case the expiry term of the domain is getting closer. Once the domain has expired and is free, anyone has the legal right to buy it.. The procedure of transfer takes place only the payment for the transfer has been made by the client who demands it.
Chapter XIV - ICANN RULES FOR DOMAIN AUTORENEWAL AND DELETION
At Globe Hosting domain names (.com, .net., .org, .info, .name, .biz, .mobi) are registered for fixed periods of time and are available to be renewed any moment during a valid registration prior to the domain registration expiration date. Before period of registration ends, we will send several emails to the clients or to the agents acting on their behalf, in order to notify them about the expiration of their domain at a certain date.
These emails will be sent with 75 days before the expiration of the domain. It is important that our email addresses won’t be blocked by spam or junk, and for the clients, to have valide email addresses in our data base, in order to receive any notifying email from us.
If a client doesn’t renew the domain on time, the domain can be deleted and after it can be resold. In order to help our clients renew the domains, we could, but we are not obliged to, offer them a grace period after the date of expiration. We currently endeavor to provide a grace period that extends 35 days past the expiration date, to allow the renewal of an expired domain. 21 days after the expiration date of a domain, the expired domain will be removed from the customer's account and all name servers will be changed. The expired domains will open a special page, where clients will be notified that their domain is expired and they will have there a renewal link. There will also be there a Pending/Delete button and notifications about the expiry will be included in a weekly report of renewal and expiration which will be emailed to each client.
During this period a client can renew a domain name; however, a grace period is not guaranteed and can change or be eliminated at any time, without any notice. Consequently, every client who desires to renew his domain name, should do so in advance of the expiration date, to avoid any unintended cancelation of their domain. In case a domain name is not renewed it will be deleted. The registrars can, but they are not obliged to, offer a grace period of 30 days past the expiration date. This period is not guaranteed, that is why we advice our clients to renew their domains on time.
For this service the client must pay an extra fee of 75 euro. If the domain name is not rebought it becomes available for registration. If the domain name is the object of a legal dispute and it expires or it is deleted during the dispute, the part who intended the trial has the possibility to renew the domain in the same commercial conditions as the client. If the case is closed or a judge decides against the part, the domain names can be deleted in 45 days or renewed by Globe Hosting or by the client in the grace period mentioned above.
ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm Master Contract: Exhibit A: https://www.rrpproxy.net/Legal/Registration_Agreement