GENERAL TERMS AND CONDITIONS EN

I. GENERAL CONDITIONS - DEFINITIONS
Art. 1.1 This page contains the terms and conditions of use of the services offered by S.C. LEGIG BGM S.R.L through xServers (http://www.xservere.net)
Art. 1.2 The terms presented below have contract value and are regulated by the provisions of the following normative acts:

Government Ordinance 130/2000 on the legal regime of distance contracts
Law no. 365/2002 regarding electronic commerce

Art. 1.3 S.C. LEGIG BGM S.R.L - is represented by S.C. LEGIG BGM S.R.L with the following data:

C.U.I. : 38502128
Reg.Com. : F18 / 574/2017
Headquarters. : Sat cornetu nr 184 GORJ
Banking: BRD
IBAN: RO30BRDE200SV58800512000
SWFT CODE: BRDEROBU

Art. 1.4 xservere.net is a provider of hosting services, design and everything that can be generically gathered "data processing, administration of web pages and related activities, computer services and internet".

- User - defines any natural or legal person using xServers services
- Client - defines any natural or legal person who initiates an order.
- Order - request addressed xServers by a natural or legal person requesting services or registering domains.
- Services - defines any services offered on the xservere.net website (www.xservere.net).

II. INTRODUCTION

Art. 2.0 - This document defines the framework in which xServers agrees to provide products and services to its customers and users. This document represents an agreement between xServers and its clients.
All customers and users of the services are subject to these terms and conditions so that the use of xServers services implies acceptance and compliance with the Terms and Conditions of Use.
Art. 2.1 - xServers reserves the right to modify the present document, but this is not a good reason for the cessation of the collaboration relations by the client nor for the refusal to pay the services.

III. ORDER, PAYMENTS AND INVOICE

Art. 3.0 - Any order will be made online on the xservere.net web page (https://www.xservere.net).
Customers are obliged to enter in the form complete data, correct and in accordance with reality.
Domain registration is done in accordance with the laws in force.
xServers cannot be held liable in any form for any inconvenience caused by providing incorrect or incomplete information by customers.
Art. 3.1 - Information on the Protection of Personal Data: https://www.xservere.net/protectia-data
The client has the obligation to read the Information Note on the Protection of Personal Data before continuing the process of ordering and sending the data to xServers.
Art. 3.2 - After completing the order, a proforma invoice will automatically be sent to the email address entered in the form.
The proforma invoice contains all the information necessary to make the payment and is available online in the customer account.
The proforma invoice has no book value.
Art. 3.3 - The client agrees to pay the value of our services in advance for the period of time they are provided.
Art. 3.4 - All proforma invoices will be sent by email and a printable version will be made available to the client in the control panel. Customers must pay the invoice amount in advance at the beginning of each payment period, within 5 working days from the date of issuing the proforma invoice.
Art. 3.5 - After making the payment and collecting the money, the fiscal invoice is issued.
The fiscal invoices are sent in electronic format "PDF" by e-mail according to the Emergency Ordinance no. 106/2007, for the modification and completion of Law no. 571/2003 regarding the Fiscal Code published in the Official Gazette, Part I no. 703 of 18/10/2007 to art 155 the following paragraph is added: (11) Romania will accept the documents or messages on paper or in electronic form as invoices.
Art. 3.6 - The fiscal invoices issued after June 1, 2008 are available in PDF format and in the client account in the section "Fiscal Invoices".
Art. 3.7 - xservere.net recommends the confirmation of payments by sending a copy attesting this by e-mail to [email protected] if the payment was made through the bank.
Customers benefit from xServers services immediately after paying the proforma invoice but it can be delayed up to 1-6 hours after the payment confirmation.
Art. 3.8 - Suspension - We reserve the right to suspend any account after the passage of 1 days from the due date of payment of the proforma invoice if the payment has not been made. Any extension of the payment term is at our discretion.
Art. 3.9 - Clearing the Account - We reserve the right to permanently delete all the data of the hosting or service accounts after the passing of 5 days from the due date of the proforma invoice if the payment has not been made. Any extension of this term is at our discretion.
Art. 3.10 - Payment (Direct or Bank Transfer) - All invoices and direct payments (payment by cash) or by bank transfer (OP, Cash Deposit to BRD) to xServers are processed in RON. The prices displayed on this website are in EURO, include VAT and are calculated at the BNR exchange rate from the day the proforma invoice was issued.
Art. 3.11 - Online payment (Paypal, Rechargeable card, SMS or online card) - SMS payments are made through Teracom. Online card payments are made through www.paypal.com and are subject to certain terms and conditions.

IV. DOMAIN REGISTRATION

Art. 4.0 - Domain registration is done after the payment confirmation or receipt of the proforma invoice issued for the registration services regardless of the type of domain .ro, .eu, .com, etc.
If the proforma invoice was paid through BRD the domain payment confirmation must contain the bank stamp and the image or photo must be visible.
If the proforma invoice payment was made through Paypal, Rechargeable Card, SMS or online card then the invoice will be automatically confirmed.
Art. 4.1 - In the case of the Romanian or international domains, the data is transmitted to the issuing authorities of these domains (ROTLD, ICANN, Eurid, or international authorities that issue various domains).
The rules for displaying personal data in these areas are the responsibility of these authorities.
- In the case of Rotld: rotld.ro
- In the case of Eurid: eurid.eu
- In the case of international domains issued by ICANN, processed through Demand Media INC, USA: enom.com
- For domains processed through ENOM there is the possibility of hiding the data of the holder through the option ID Protect, available for a fee.
In case the client does not agree with the registration rules of these international fields, the registration cannot be made.
Art. 4.2 - .EU Domains - xServers provide registration, renewal and transfer services for .EU domains in accordance with the rules imposed by EURid (European Registry of Internet Domain Names) and the registration of .EU domains implies the reading and acceptance of all the imposed and regulated rules. from EURid.
- .eu registration policy
- .eu Terms and Conditions
Art. 4.3 - International Domains - xServers provide registration, renewal and transfer services of International domains, in partnership with eNom (eNom, Inc. Chicago, IL), in accordance with the rules specific to each type of domain, rules imposed by TLD administrators ( Top Level Domain). - .COM

        - Domains for commercial purpose. The rules apply

ICANN - COM

        .


- .NET

        - Domains for networks, general or commercial. The rules apply

ICANN - NET

        .


- .ORG

        - Domains for organizations or commercial. The rules apply

ICANN - ORG

        .


- .BIZ

        - Domains for companies or commercial use. The rules apply

ICANN - BUSINESS

        .


- .INFO

        - General purpose areas. The rules apply

ICANN - INFO

        .


- .US

        - Domains only for the United States of America. The rules apply

usTLD

        .


- .IN THE

        - Domains of India. It can be registered in any country.


- .NAME

        - Domains for own name. The rules apply

ICANN - NAME

        .


V. WARRANTIES AND RETURN OF MONEY IN 7 DAYS

Art. 5.0 - xServers do not offer the money back guarantee.
Art. 5.1 - Any payment to xServers is not refundable after 7 days have passed.
Each hosting client of xservere.net benefits from a 7-day warranty. If during this period you are not completely satisfied with the quality of the hosting service you can request and receive back the money paid in advance.
The following services are not included in the 7-Day Warranty: domain name registration fees (national and / or international), fees paid for dedicated servers, VPS, services ordered as resellers, and any other fees paid for optional services / special ones other than the standard offer.
In case the cancellation of the account is due to the breach by the client of these terms and conditions, the refund will not be made.
The guarantee for the reimbursement of the payment within 7 days after the order is made will not apply and will not be carried out if at least 50% of the data transfer allocated to the hosting account has been used, which is the subject of the reimbursement request.
Payments by SMS, Reload Codes, PAYSAFECARD or PAYSAFECARD CODES ARE NOT REPAIRABLE!
The amounts added to the customer account as a credit balance are NOT REFUNDABLE OR RETURNABLE!
Art. 5.2 - In the case of a downtime of the services for a longer duration, which amounts to an average of more than 2% of a month, the client has the right to compensation that cannot exceed the monthly value of the service.
These compensations are granted as a percentage by the following formula: <price of the package multiplied (x) with the percentage of downtime (%)>.
The compensation is offered only at the request of the client in the form of credit that is allocated in the client account and will be deducted from the following invoice.
If it is desired to renounce services permanently for the reason of "unavailability (downtime)" no compensation is offered.

VI. USE OF THE SERVICES

Art. 5.3 - The services offered by xServers will be used only for legal purposes.
Any activities that may be considered illegal are strictly prohibited.
Art. 5.4 - xServers reserves the right to delete or block access to the content on the site or on the server without prior notification. The right to use the xServers services will be restored after the account holder enters into legality.
Art. 5.5 - In case a resold account violates the provisions of this document, we reserve the right to suspend this account without informing the reseller in advance.
The end user will not be contacted by us, and the reseller (xservere.net client) will be informed about our facts and motives.
Art. 5.6 - USE OF THE SPACE - The space offered can be used only for storing the files used on the site (html files, documents, scripts, images, multimedia files, emails) or related to the activity of the site or the company. File storage is not allowed for filesharing, torrents, mass downloads, etc.
Art. 5.7 - Our servers will not be used in any form and under no circumstances for the transmission, storage or publication of illegal materials (according to the Romanian, European Union and U.S. legislation).
Illegal materials include, but are not limited to:

        - Infringement of a copyright or any other right of any third party.


        - Materials or Links to movies, TV channels, mp3s or other media without proof of copyright.


        - Promotion of illegal activities (hacking, cracking, warez, etc.).


        - Materials protected by brand secrets or any other status.


        - Threats, abuse, harassment, slanderous statements.


        - Materials designed to encourage the feeling of hatred or discrimination.


        - Adult content, nudity, pornography, any image or text with sexual or obscene content.


        - Information or software about or containing any type of virus or Trojan.


        - Collection of personal information for use for illegal purposes.


        - Personal data without the written consent of the persons concerned.


        - Any content considered by us to be harmful or illegal.


Art. 5.8 - ANTI-SPAM POLICY
Sending e-mail messages for commercial, advertising or mass purpose to e-mail addresses once or on a regular basis must comply with the conditions imposed by us.
Such campaigns can only be operated with e-mail lists in which people personally register to receive such messages by express acceptance and in all messages the withdrawal procedure from the lists must be published.
Any complaint received in this regard will be investigated and the necessary measures will be taken.
Conditions to be met when sending commercial, advertising or mass messages:

        - The sending of mass e-mails must be done through a script that uses SMTP connection.


        - The use of sendmail from CGI or PHP "mail ()" is forbidden for sending mass e-mail.


        - Addresses returned to Return-path :, From :, Reply-To: must work and have sufficient space allocated.


        - Send messages only to people who have given their express consent to receive messages by e-mail.


        - Archiving the data entered by the recipient when registering in the e-mail lists including the date and time of the registration, the IP address and the visit data.


        - Include in each e-mail sent the complete and true identification data of the sender.


        - Include in each e-mail the possibility to opt out of receiving e-mail messages, which must also be respected.


        - Lists of e-mail addresses must be kept up to date, ensuring that you have the resources to do so.


NOTE: Any notification received in this regard and confirmed will lead to the immediate suspension of the respective account without prior notice of the owner of the hosting, services or reseller account.
Art. 5.9 - Sending unsolicited commercial or advertising messages generically called SPAM to promote any site using our servers or through other servers to promote any website or service hosted on our servers will result in the suspension or cancellation of the client hosting account, without right to repayment.
Email lists can be operated under the conditions in which people sign up to receive messages through personal acceptance and the withdrawal procedure is published in all messages.
Any complaint received in this regard will be investigated and the necessary measures will be taken.
A message can be considered SPAM even if:

        - Has the phrase "This email cannot be considered SPAM ..." or other similar phrases.


        - If the sender's identification data is incomplete or incorrect.


        - If you cannot prove that a certain person has agreed to receive e-mail from you.


        - If the withdrawal procedure from the email base does not work.


        - If you use email lists bought (even with the invoice!) Or received in exchange.


        - The e-mail message is sent from another server.


NOTE: Any notification received in this regard and confirmed will lead to the immediate suspension of the respective account without prior notice of the owner of the hosting, services or reseller account.
Article 6.0. At the first violation of the rules for sending unsolicited commercial messages generically called SPAM stipulated in the contract, the hosting services will be suspended or the sending of messages will be limited.
Unlocking or raising the limits is only after sending to xServers by e-mail a signed, dated and stamped statement (in the case of companies) with the text "I have read, understand and agree with the policies for sending e-mail messages. mail stipulated in the Service Provision Contract, xServers. " accompanied by a copy of the identity document or the registration certificate in case of companies.
Article 6.1. The use of online forms for sending e-mails is made only through secure scripts to which access is restricted by password or anti-robot systems.
Failure to comply with these provisions will result in deactivation of scripts or suspension of account.
Article 6.2. Pornography or any other sexual or obscene content, links to pornography, are prohibited on our servers.
  xServers reserves the right to decide on the legality of these websites.
Article 6.3. The following scripts are not allowed on our servers:

        - Scripts for proxy or IRC


        - Scripts nulled or cracked


        - Scripts for Torrent Tracker or Torrent files


        - Scripts for Topics or Statistics


        - Scripts for File Sharing


        - Scripts for Social Networks


        - Free URL Redirect Scripts (url shortener)


        - PhpShell and similar scripts for executing commands


        - FormMail type scripts


        - Chat rooms


        - Scripts (commercial or non-commercial) that contain known security holes


        - Commercial scripts (paid or free) not updated to the latest available version


    - Scripts for streaming


ARE YOU COMING. USE OF RESOURCES

Art. 6.4 - Excessive consumption of resources is forbidden in the case of web hosting and web reseller packages.
In order to ensure the smooth functioning of the services, the sites (the hosting account together with the web services) must be within the following limits: Web hosting packages and Reseller web hosting

        - Maximum CPU consumption: 10%


        - Maximum RAM consumption: 512M


        - Maximum number of competing processes: 20


        - Maximum Mysql execution (query time): 10 sec


Art. 6.5 - All accounts are monitored to track the consumption of resources on the server.
If an account uses a large amount of resources, we will contact the respective client to discuss in this regard.
If an account uses too much resources (memory, processor), the account can be suspended or the script disabled without prior information from the client, in order to maintain the proper functioning of the server.
Within the web hosting and reseller packages "Shared Hosting" will not be accepted under any form large users of resources.
xServers oversee compliance with the above by monitoring reports on the resources used.
Art. 6.6 - Customers may request to upgrade the package or temporarily increase the resources allocated against the cost.
It is the responsibility of the customer to contact us early to request the increase of resources so as to avoid suspending the account.
In some cases, the accounts are automatically suspended when the limit of the allocated resources is reached, for manual reactivation from us is necessary.

VIII. RESTRICTIONS

Art. 6.7 - We reserve the right to impose hardware and software restrictions on the use of xServers without prior notice, in case of known security issues that may lead to the malfunction of the servers or the exploitation of the programs installed on the server.
Article 6.8. Limitations and Off Functions Apache / PHP: Web Hosting Packages and Reseller Web Hosting

        - Applications that open connection sockets, for example: exec, shell_exec, link, socket_accept, etc ...


        - Open external files with functions: fopen, file_get_contents etc ...


        - upload_max_filesize = 64M


        - memory_limit = 1024M


        - max_execution_time = 60


        - max_input_time = 300


        - post_max_size = 64M


        - allow_url_fopen = off


        - register_globals = off


        - safe_mode = off


    - disable_functions = system, exec, passthru, proc_open, popen, shell_exec, symlink, link, dl, syslog, pcntl_exec, pcntl_fork, pcntl_signal, pcntl_waitpid, pcntl_wexitstatus, pcntl_wifexited, pcntl_stifsl, pcstl_wifs

Art. 6.9 - Email messages sent from our servers are limited according to the sending method: Web hosting packages and Reseller web hosting

        - Messages sent by sendmail without authentication, mail function (): 50 / day / hour


        - Messages sent via SMTP: 50 / days / hour


NOTE: The message headers sent without authentication, the mail () function, cannot be rewritten!
Art. 7.0 - MySQL access and limitations:

        -

Web hosting and Reseller web hosting packages

        - MySQL Remote Access - ON


        - max_allowed_packet = 1M


    - max_user_connections = 8

IX. BACK-UP

Art. 7.1 - The backups are made by us weekly. However, we do not provide any guarantee for the integrity of the backups. We advise all clients to generate and download their own backups from the control panel as an archived file containing backups of all data and databases of an account.

X. CUSTOMER RESPONSIBILITIES

Art. 7.2 - The client has the responsibility to update the contact information in the control panel, the client panel and the billing data, when necessary.
We cannot be held liable for any confusion in the communication as a direct result of the client not performing the necessary updates.
Art. 7.3 - The client is responsible for keeping the username, passwords and other sensitive information in safe conditions.
If there is any doubt in this regard, the client must modify or request the modification of the authentication data by contacting the support team.
Art. 7.4 - The client can save the access log using the option available in the control panel.
The access history includes the data of the people who accessed the site through the https and / or ftp interface.
Art. 7.5 - The client has the obligation to keep up to date (update or package) the latest commercial or free scripts used on the xServers server.
Also, the client has the obligation to update the scripts used within 24 hours from the notification of xServers.
Otherwise xServers reserves the right to delete or block access to the content of the account without prior notification.

XI. COMMUNICATION WITH CLIENTS xServer ROMANIA

Art. 7.6 - The communication with the clients is carried out by mail or by telephone in emergency cases.
The support being offered only through the ticket system in the customer area xServers.
The client agrees to receive any information regarding the services, the issuing of proformas, the notification of non-payment, the suspension of the services or other communications related to the activity xServers on any of the communication channels above.
The communication with clients is limited only to the services offered by xservere.net and will not have advertising purposes, unless the client expresses his agreement in this regard.

XII. LIMITED LIABILITY

Art. 7.7 - We cannot be held responsible for damages caused by the temporary unavailability of our servers, whatever the reason that causes this.
This provision also includes damages resulting from the deterioration or loss of data.
The client agrees to guarantee and consider us innocent in connection with any claims and / or damages, without limitation to them, caused to third parties as a consequence of using the services.
Art. 7.8 - xServers offers free technical support to all clients to ensure the proper functioning of the services offered.
xServers is not obliged to provide support for scripts, configurations, help such as: "what is that?", "how is that done?", etc ...
Art. 7.9 - xServers is not responsible for providing clients with the access log of the sites (access log), these can be archived and downloaded by the client from the control panel.
Art. 8.0 - xServers does not offer technical or usage support for the free scripts offered to clients.
xServers reserves the right to waive at any time the scripts offered free of charge, without prior notification.
Free scripts offered include, but are not limited to RVSitebuilder, Fantastico Package, etc ...

XIII. GENERAL TERMS

Art. 8.1 - If, for any reason, you are not satisfied with the services we offer you, please contact us and tell us what is the problem to solve it.
In case we cannot solve your problem and you want to terminate the contract you can inform us of this but you will not receive the money back for the services paid in advance.
Payment for domain registration or other related services is not returned.
Art. 8.2 - We will allocate all the necessary resources in investigations on the acts of violation of the security of the systems or of the network, and we will cooperate with the authorities in case of crimes.
Customers who violate these provisions may be criminally or civilly liable.
Art. 8.3 - For clients with several accounts or resellers, we reserve the right to suspend all accounts in case the owner of the main account violates these provisions to a extent considered by us to be very serious.
Art. 8.4 - We are the only ones able to judge what is a violation of the terms and conditions above.
Failure to comply with the above terms and conditions is a reason for suspending or deactivating the account.
Art. 8.5 - The possible disputes between the parties in connection with the execution of the obligations arising from this contract will be settled by the arbitration institutionalized by the competent court, if they have not been settled amicably.

XIV. RULES ON SPONSORING

1 - The client agrees to use this account only for legal purposes. Any use or attempt to use that violates any local, state, federal or international law is unauthorized. (Ex: hacking, cracking, port scanning, storing and distributing pirated, registered or pornographic material, sending unsolicited advertising messages, hosting spam sites, scam).
2 - The client agrees that the package / service / domain received / offered by xservere.net cannot be transferred to another account of another active / non-active client xservere.net.
3 - The customer agrees that the package / service / domain received / offered by xservere.net is hereinafter called SPONSORIZATION and that this package cannot be sold or transferred to another person than the one assigned to it by xservere.net.
4 - xservere.net reserves the right to close / delete a package / service called SPONSORIZATION when this package is not profitable or the Client has removed the links / banners offered by xservere.net
5 - xservere.net notifies the Client that any SPONSORIZATION must include a partnership with xservere.net through which the client undertakes to advertise the company xservere.net in exchange for the package / service called SPONSORIZATION.
6 - xservere.net reserves the right to close / delete a package / service called SPONSORIZATION when the management team considers that the package violates one of the above reasons.
XV. MODIFICATIONS TERMS AND CONDITIONS

We reserve the right to make changes to the TC (Terms and Conditions), hosting packages, prices and site at any time, the information being done through the site or the customer control panels.