Introduction
These terms and conditions (“Terms”) constitute a legally binding agreement entered into between HOSTEAZA SRL (with registered office at Strada Secundara, Nr. 187, Cod Postal 217519, Sipotu, Gorj, Trade Register Number J2023000138182, Unique Tax Identification Code/CUI: 47595860, EUID: ROONRC.J2023000138182, Bank accounts opened at BANCA TRANSILVANIA in RON: RO57BTRLRONCRT0668038601, EUR: RO07BTRLEURCRT0668038601 and USD: RO11BTRLUSDCRT0668038601. Phone: 0725903503 E-mail: [email protected]) (“Hostează”, “we”) and you, as a user (“User”, “Client” or “You”).
These terms establish the legal framework for your access to and use of the Hostează hosting platform, which includes our website (“Site”), control panel, technical infrastructure and related services (collectively referred to as the “Platform” or the “Services”), offered by Hostează.
By using our services, you confirm that you have read, understood and agree to comply with these terms, either in your own name or on behalf of the entity you represent. You represent and warrant that you have the legal capacity, authority and right to enter into this agreement on behalf of that entity, if applicable.
If you do not agree with these terms or any part thereof, please do not access or use the platform or other services provided by Hostează.
We reserve the right to periodically amend these terms or the services offered through the platform. To the extent possible, we will inform you within a reasonable time before the changes take effect.
In situations where changes are necessary to comply with legal, security or regulatory requirements and prior notice is not possible, we will inform you as soon as possible after they are applied.
We will notify you by publishing an updated version of the terms on the platform, by displaying a message in the user account or on the site, or by e-mail, at the last known correspondence address in our records.
If you breach these terms and/or any other agreement entered into with Hostează, your authorization to use the platform and services terminates automatically, without the need for prior notice.
Definitions:
Uptime – the duration for which a service was delivered, expressed as a percentage and related to the duration of a calendar month. A service provided without interruption for one month has 100% uptime.
Day, Days – for the purposes of this contract, the terms refer to calendar days.
Acceptable Use Policy for Services – document that forms an integral part of this contract and that regulates the client’s obligations regarding the use of hosting or IT services. The online version is available at: /documents#utilizare.
Order – the operation performed online through which the client requests hosting services, by completing the form and accepting the contractual terms. The client’s changes regarding the contractual period or the services provided will be considered new orders.
Form – the order form available at www.xservere.net, in which the client enters their personal data, preferences regarding the chosen services, payment methods and contractual duration.
Description of services
Hostează provides hosting services and IT services intended for natural and legal persons. Depending on the chosen plan and the order placed, the services may include, without limitation:
General characteristics - The technical details of each service (resources, limits, functionalities, included software, e-mail sending policies, etc.) are those displayed at the time of the order on the site and/or in the client account and form part of the contract concluded by placing the order.
Precedence - In the event of a discrepancy between the general description in these terms and the specifications in the order/offer published on the site, the order/offer valid at the time of purchase prevails.
Copyright
All content available on the site (texts, photographs, illustrations, web graphic elements, audio-video materials, etc.) belongs to Hostează or its licensors and is protected by copyright legislation. Use of any part of this content (copying, downloading, publishing, distributing, adapting, etc.) is prohibited without the prior, express and written consent of Hostează.
This section concerns exclusively the content of the site and does not affect: (i) rights over the user’s content, regulated separately in these terms; and (ii) intellectual property rights over software and services, regulated in section 11.
Your account
In order to use the services, you must provide us with certain information and documents about you and about the activity you carry out.
You represent and warrant that:
You are responsible for maintaining the confidentiality of the login information for your account and are fully responsible for all activities that take place in your account.
You agree to immediately notify Hostează of any unauthorized use or suspected unauthorized use of your account or of any other security breach.
Hostează cannot and will not be liable for any loss or damage resulting from your failure to comply with the requirements above.
Availability monitoring by the client
The client may use independent third-party services (of the uptime monitoring type) to verify the availability of the services. Monitoring must be carried out at reasonable intervals and by standard methods (HTTP/HTTPS, ICMP), without circumventing security mechanisms and without generating excessive or abusive traffic.
It is prohibited to use monitoring that produces disproportionate load on the infrastructure, that involves aggressive automated authentications or that involves unauthorized sharing of access credentials.
Hostează has the right to limit or block monitoring that endangers the stability or security of the platform. Upon request, we may provide dedicated endpoints or status pages, to facilitate monitoring without impact on general services.
Fair use policy
For shared services, a fair use policy for resources (CPU, RAM, I/O, inodes, e-mail per hour/day) applies, intended to protect the stability of the platform.
If processes or traffic constantly exceed the limits of the contracted plan or affect performance for other clients, we may impose temporary limitations.
When necessary, we will recommend migration to a higher plan, corresponding to consumption needs.
Use of the site and platform
Use of the platform is permitted exclusively under legal and ethical conditions. It is strictly prohibited to upload, display, store or transmit materials or to carry out activities that:
Hostează may suspend or close accounts and services when it finds or has reasonable grounds to believe that these prohibitions or the law have been breached. We may apply preventive measures, such as blocking suspicious traffic, limiting access or temporarily disabling functionalities, to protect the infrastructure and other users.
Adult content and licenses
Adult content is permitted exclusively to the extent that it complies with applicable legislation and includes the implementation of adequate measures to restrict minors’ access.
For carrying out regulated activities, we may request presentation of the necessary licenses, authorizations or certificates.
Notices regarding illegal or abusive content
We respect the notice-and-action mechanisms provided by applicable legislation, including DMCA, Digital Services Act (DSA) and Online Safety Act (OSA), to the extent that they apply.
The contact channels are the address [email protected] or the ticket opened in the client portal, and notices must indicate the targeted content, the legal basis, the evidence and the complainant’s contact details.
The process consists of prompt assessment of the notice and, if applicable, removal or restriction of the content, with communication, when possible, of the reasons and avenues of appeal. Affected persons may submit counter-notices accompanied by arguments and relevant documents. Accounts involved in repeated infringements may be terminated, pursuant to section 34.
Cooperation with authorities is carried out by complying with legal judgments and requests regarding disclosure of data or restriction of access to content, in compliance with data protection legislation.
Transparency, pursuant to the DSA, involves keeping records of moderation decisions, providing the reasons for the measures taken and informing about avenues of appeal, within the limits required by the DSA and national legislation.
Additional anti-abuse policies
To protect the reputation of our e-mail infrastructure and ensure compliance with applicable legislation, we impose reasonable sending limits and strict authentication requirements (SPF, DKIM, and when possible DMARC, with a policy of at least “quarantine”).
Sending commercial communications must be done exclusively to distribution lists based on verifiable consent (opt-in), must comply with good use practices, include clear unsubscribe mechanisms and be carried out at reasonable rates. As a rule, exceeding 500 e-mails per day per account is not permitted without our prior consent.
We monitor anti-spam feedback and may impose rate-limits, minimum reputation requirements or other restrictions. Campaigns that generate excessive complaints, high bounce rates or cause IP listing in RBLs may be limited or suspended until the situation is remedied.
Security testing (scans, fuzzing, exploits) against the platform without prior written consent is prohibited. Vulnerabilities may be reported to [email protected], and Hostează will investigate and take the necessary measures.
Access to services
Subject to these terms, Hostează will grant a non-transferable, non-exclusive, revocable and limited license to use and access the services exclusively for your own commercial purposes, in accordance with the type of service to which you are currently subscribed.
The rights granted to you in these terms are subject to the following restrictions:
You acknowledge and agree that all intellectual property rights, including copyrights, patents, trademarks and trade secrets in the services and their content are owned by Hostează. Neither these terms (nor your access to the services) transfer to you or to a third party any right, title or interest in these intellectual property rights, except for the limited access rights expressly described above.
This section 11 concerns the software programs, infrastructure and content provided as part of the services, distinct from the site content regulated in the “Copyright” section and distinct from the user’s content, over which we do not claim ownership rights (except for the limited license necessary for the provision of the services).
Subscriptions, billing and payments
Services are contracted exclusively online, through the order form on the site. The client chooses an initial period of 1, 3, 6, 12, 24 or 36 months, and the issued and accepted order forms the contract between the parties.
For each order, Hostează automatically issues a proforma invoice for the entire initial period, and payment is made in advance; after payment is recorded, the electronic fiscal invoice is available in the client account and/or transmitted by e-mail.
Upon expiry of the initial period, the contract is automatically renewed for equal periods (“Extension Periods”), under the same commercial conditions, unless one of the parties requests termination with at least 7 business days’ notice before the expiry date of the current period. The notice is transmitted by ticket from the client portal or directly from the service page. In the absence of a request for termination or modification, Hostează automatically issues the proforma for the following period, 7 days before expiry.
The following payment methods are accepted:
The client may change the payment method directly from their account. For some methods (for example, SMS, PaySafeCard or certain cryptocurrency payments) there may be third-party processing fees, which are non-refundable.
In the event of non-payment at due date, we apply a standard notification and measures calendar: after issuing the proforma 7 days before expiry, on the day following the due date the first overdue notice is sent, followed by two more notices on the immediately following days. If the overdue amount persists, the services are automatically suspended 3 days after the first delay notice, and at 14 days from the same first notice the contract may be terminated. After termination, data is retained for 90 (ninety) calendar days for export/restore (applies only to web hosting and web reseller packages), pursuant to section 27, then may be irreversibly deleted.
Hostează reserves the right to suspend the services even on the due date or at expiry without additional notice. For reactivation of services, reconnection fees may be charged according to the policies in force; these may reach up to 50% of the value of the overdue amounts, and in the case of delays of more than 28 days may reach up to 100%.
Any modification of the contractual period or service plan is carried out by placing a new order, with observance of a period of at least 7 business days before the expiry of the current period. The client may request cessation of provision by ticket in the portal or from the service page, with 7 business days’ notice; amounts paid in advance for the current period are not refunded, subject to the special refund rules applicable to certain services.
Hostează may update the commercial policies and conditions relating to prices, renewal, suspension and termination, depending on legislative, operational or commercial requirements. To the extent reasonably possible, the client will be informed at least 30 days before the changes take effect, during which interval they may cancel the affected services; continued use after this period constitutes acceptance of the new conditions. Already paid services remain active until the end of the billed period or may be replaced with services with similar features if the initial plan is no longer available.
Affiliate program
Each client has the possibility to participate in our affiliate program available through the platform. The standard commission offered to affiliates is 15% of the net value of each order paid and fulfilled by the referred client. Payment of the commission is made after a validation period of 30 days from the registration and confirmation of the order, to cover any refunds or cancellations. The minimum amount for withdrawal is 30 EUR.
Settlement of amounts due to affiliates may be carried out by bank transfer, PayPal or by direct crediting of the client account on our platform. All payments will be made in accordance with Romanian tax legislation, namely with withholding at source of applicable taxes, pursuant to the Tax Code. Natural person affiliates will have tax withheld directly by our company, and legal person affiliates must issue a fiscal invoice for the amount due, in accordance with the regulations in force.
Activation timeframes
Activation of services takes place, as a rule, instantly (a few minutes) or within at most 72 hours from confirmation of payment, except in situations where another timeframe is provided or where registration of payment by bank transfer is delayed for reasons independent of Hostează. The client may submit proof of payment; in the absence thereof, the running of the timeframe is related to the moment the amounts are recorded in Hostează’s accounts.
Refunds and account credit
Amounts deposited as account top-up (“top-up”) are non-refundable and may be used exclusively for future orders and renewals.
Any payment by SMS or PaySafeCard is not refunded because the respective payment processors do not have a refund function.
Refunds may be granted, at the client’s request, within the following windows:
The value is not refunded for the following services given the activation and issuance costs borne toward third parties.
If a hosting package includes a domain or software offered “free of charge”, the refund refers exclusively to the hosting component, after withholding the value of the domain or software granted in the offer, when the offer provides for a minimum contractual period.
Domains – renewals, notices and clarifications
The client undertakes to comply with the policies of the relevant registries and registrars (including RoTLD for .RO and EURid for .EU). To avoid interruptions, Hostează customarily sends expiry notices 30 days, 15 days, 7 days (together with issuance of the renewal proforma), 3 days and 1 day before the expiry date. After the due date, access to the domain may be interrupted until renewal, depending on the extension.
Depending on the rules of each extension, the domain may go through a grace period, followed by quarantine and subsequently by a redemption period (Redemption Period), which involves additional fees set by the registry. Failure to pay these fees on time may lead to permanent and irreversible deletion of the domain. For .RO domains the RoTLD rules apply, and for .EU the EURid rules, according to the updated policies of these authorities.
Site security
We have implemented all reasonable and commercially available measures to protect the site and services against unauthorized access. We make continuous efforts to ensure the integrity and security of data processed through the platform.
Breach of system or network security is prohibited and may entail civil and criminal liability. We investigate all suspected security breach incidents and cooperate with the competent authorities in cases where there are suspicions of a breach of the law.
Users have the obligation to take reasonable security measures, in accordance with good data protection practices, in the use of the services and are directly responsible for any security breach that affects data or systems under their control.
Verifications, fraud prevention and order refusal
To protect the platform and clients, we may verify any order and may request additional identification information or documents.
We reserve the right to refuse, cancel or suspend orders that contain inaccurate or incomplete data, that indicate attempts at fraud or that raise unjustified operational risks. In the absence of provision of the requested documents within a reasonable time, we may suspend or close the account.
Age restrictions
The platform is addressed to persons aged at least 14 years. If you are between 14-18 years old, use is permitted only with the consent of the legal representative. Accounts created in breach of these requirements may be closed.
Backup and data responsibility
We perform internal backups with daily frequency, in dedicated operational windows, exclusively for managing incidents that affect our infrastructure. These backups do not represent a guaranteed archiving service for the client and are not available for on-demand restores, except in cases generated by incidents on Hostează equipment.
For dedicated servers, VPS, voice/radio and other similar services, backup is not included, the client ensures their own backup mechanisms and the client is responsible for the integrity and retention of their data.
DDoS protection and attacks
In the event of identification of DoS/DDoS or flood attacks that affect the stability of the platform, the targeted service may be temporarily disabled as a technical protection measure, without prior notice. The measures in this article are operational in nature and do not in themselves constitute a contractual sanction.
The legal grounds and the suspension/termination procedure are provided in section 34 (including notification and avenues of appeal). To the extent possible, we will inform the client regarding the measure and the remediation steps.
Operational security measures and IP blocking
We may temporarily or permanently block IP addresses or traffic flows when we detect repeated failed authentications, exploitation attempts (including XSS/SQLi), mass e-mail sending or listing in RBL databases. These measures are technical and preventive.
We lift the restrictions after remediation. If the risk persists or the breaches reappear, we may initiate the contractual measures provided in section 34 (suspension and/or termination).
Maintenance and administration
If a managed service has not been expressly contracted, application maintenance, updates and content administration belong to the client. Hostează is not responsible for errors, vulnerabilities or unavailability caused by configurations performed by the client or third parties.
Reseller rules
Reseller-type accounts may not offer free services at scale that attract abuse or use for illicit purposes.
The reseller is responsible for the compliance of their clients with these Terms and with the Acceptable Use Policy.
Public conduct and the right to select clientele
We reserve the right to refuse or terminate collaboration in situations of verbal abuse, harassment, unfounded public denigration of staff or the brand, or in other situations that create image or operational prejudice. In such cases, promotions or benefits granted may be withdrawn.
Service level (SLA) and credits
We pursue an availability level of at least 99% for shared hosting and reseller services, calculated monthly. If availability falls below the indicated threshold due to causes attributable to us, we may grant commercial credits in the form of a reduction of the future invoice, as a rule in the amount of 2% of the monthly value for each day of non-conformity, up to a reasonable cap. Credits are not granted for periods of suspension due to non-payment, breach of the terms or in cases of force majeure.
Availability is determined on the basis of checks carried out in accordance with section 5 (HTTP/HTTPS or ICMP monitoring, at reasonable intervals, without abusive traffic or circumvention of security mechanisms). Events excluded pursuant to section 26 and incidents caused by third parties, force majeure or urgent security measures (section 20 and section 21) are eliminated from the availability calculation. Any alternative measurement method applies only if agreed in writing.
Availability is calculated according to the formula: (Total time – Attributable downtime) ÷ Total time × 100. Commercial credits are calculated as (Monthly value × 2%) × Number of days of non-conformity, without exceeding the monthly value of the order.
Scheduled maintenance
We reserve the right to carry out planned maintenance works, as a rule, in the interval 02:00–06:00 (Romania time), for a maximum duration of 5 hours, with prior notice when this is possible.
Announced maintenance periods, incidents caused by third parties (registries, processors, upstream providers), force majeure events and interventions necessary for remedying critical vulnerabilities are excluded from the availability calculation.
Handover and deletion of data upon termination
Upon termination of the service, regardless of the reason (including termination for non-payment), we retain the data related to the services for 90 (ninety) calendar days so that the client may export/restore them (applies only to web hosting and web reseller packages). After expiry of this period, Hostează may irreversibly delete the data, except for information that we are obliged to retain according to law (e.g. tax records).
During suspension (prior to termination) access may be restricted, but data is not deleted.
By way of exception, if a legal provision requires immediate deletion, or there is a material risk to the security of the platform or of third parties, we may delete or anonymize the data earlier, to the extent strictly necessary.
Force majeure
Neither party is liable for non-performance of obligations when this is caused by a force majeure event, such as large-scale cyber attacks, extensive utility outages, fires, natural disasters, acts of authorities, labor conflicts, acts of terrorism or war. The affected party will inform the other party within a reasonable time. If the event persists for a significant duration, the parties will negotiate adaptation or termination of the contract.
Unsolicited information
Hostează looks forward to your comments and opinions regarding this site at the e-mail address [email protected].
Please do not send confidential information or original materials (e.g. ideas, computer codes, works of art) that you do not wish to share.
By sending information and/or materials through this site, you grant us a worldwide, royalty-free, irrevocable license over them, including copyrights or any other intellectual property rights. Hostează will have the right to use any information and/or material sent by you, without restrictions and without offering compensation. The Site user is responsible for the content of any material sent and for its accuracy.
Links to third-party sites
The site may contain links to other sites. Accessing these links is at the user’s free choice.
For those sites, full liability rests with the owners of the sites in question. For the avoidance of any doubt, Hostează does not control and is not responsible for the privacy, security and functionality conditions of these sites. Likewise, Hostează is not liable for the content, quality or nature of the sites that may be accessed through links on the site and does not authorize the content or any other products and services provided on such sites. If the user enters these sites through a link, they personally assume any kind of risk.
Warranties and disclaimer of liability
To the maximum extent permitted by law, we provide the services “as is” and “as available” and Hostează (as well as its providers) expressly disclaims all warranties and conditions of any kind, express or implied, including all warranties regarding the content within the services, the specific function available through the services, their reliability, availability and ability to meet your requirements.
We (and our providers) do not offer any warranty that the services will be available uninterrupted, in a timely manner, secure or error-free, that any defects will be corrected or that the services or the servers that make the services available are free of viruses or other harmful components. Hostează disclaims any responsibility or liability in connection with any content or services offered by third parties. Hostează is in no way responsible for the services of third parties associated with or used in connection with the services, including the bankruptcy of such third-party services or platforms.
Certain jurisdictions provide for some warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement of legal provisions, so certain limits may not apply to you. To the extent of legal provisions, we exclude all warranties.
Indemnification
You will indemnify us, our agents, employees, partners and license owners for any claims, demands, losses or damages, including reasonable attorneys’ fees, resulting from or in connection with your content, your use of the services or your breach of the terms.
Hostează will make all reasonable efforts to notify you regarding any such claim, action or proceeding, as soon as it becomes aware of it. The indemnification obligations provided in this section will survive any termination or expiry of this agreement or of your use of the services.
Liability for our services
We are not liable to you or to any other person for any special, incidental, indirect, consequential, moral, exemplary or punitive damages, regardless of the cause, including losses of profits, revenues, data or reputation.
Within the limits permitted by law, the total liability of Hostează, its providers and partners for any claim under these terms, including for all implied warranties, is limited to the amount you have actually paid us in the last 3 months prior to the event that gave rise to such a claim for use of the services (or, at our option, one hundred lei (100 RON)).
These limitations and exclusions apply even if a remedial measure does not fully compensate you for losses or we knew or should have known about the possibility of damages.
Nothing in this section excludes or limits liability for fraud, gross negligence, personal injury or death, or other cases where limitation of liability is prohibited by law. For consumers, the limitations apply only to the extent permitted by mandatory norms.
Termination
Grounds - We may suspend or terminate the provision of services, in whole or in part, in any of the situations below:
Gradation of measures - We apply the minimum measure necessary to limit the risk: warning, technical limitations, suspension (total/partial) or termination. In urgent cases (e.g. active attacks), we may act immediately, pursuant to section 20 and 21.
Notice and remediation - In non-urgent situations, we will send a notice and, if the incident is remediable, a period of up to 7 days for remediation. Failure to comply with the period may lead to suspension/termination.
Non-payment - The calendar applies pursuant to section 12: suspension at 3 days from the first delay notice; termination at 14 days from the same first notice. After termination, data is retained for 90 days for export/restore, pursuant to section 27, then may be irreversibly deleted.
Effects - During suspension we may restrict access to the account/functionalities. Termination ends the contract for the future and does not affect amounts already due. Resumption of services after suspension may require full payment of arrears and reconnection fees according to the policies in force.
Appeal - You may contest the measures by ticket in the client portal; we will promptly assess the arguments and evidence submitted.
Severability
These terms together with the privacy policy constitute the entire agreement between the parties regarding the use of the services.
If a competent court finds that a provision or part of a provision is void, prohibited or unenforceable, that provision will be applied to the maximum extent permitted by law, so as to reflect as faithfully as possible the intention of the parties.
The remaining provisions will remain in force and will continue to produce their effects in full.
Mandatory consumer rights
If you act as a consumer, you have 14 days to withdraw from the distance contract, without stating reasons.
Exceptions:
If you requested the start of performance during the withdrawal period, you owe an amount proportional to what was performed up to the moment of withdrawal.
Nothing in these terms affects the legal rights you benefit from as a consumer under EU law and applicable national law, rights that cannot be modified by contract. If you have your residence in an EU/EEA Member State, you may rely on any mandatory legal provision of local law (including rules regarding choice of law/jurisdiction) that cannot be derogated from by contract. The European Online Dispute Resolution (ODR) platform is available here on the page SOL/ODR
Disputes
These terms are governed by and construed in accordance with the applicable legislation of Romania.
Both parties undertake to make all reasonable efforts to amicably resolve any dispute arising in connection with the interpretation, validity, performance or termination of this agreement.
If amicable resolution is not possible, disputes will be referred to the competent courts of ordinary jurisdiction in Municipiul Targu Jiu, in compliance with the rules of territorial and material jurisdiction provided by Romanian legislation.
Without prejudice to section 36, if you are a consumer, you may bring actions before the courts of your domicile, pursuant to applicable mandatory norms.
Processing of personal data
Processing of personal data is carried out in accordance with the Privacy Policy, which forms an integral part of these terms. By using the Services, you confirm that you have read, understood and accepted this policy.
For users who process data as controllers, Hostează makes available a Data Processing Agreement (DPA), available in the client account in the account details section or at the following link - GDPR Agreement
Last revision
This version of the policy was published on September 15, 2025