Terms of Service

Art. 4.1. The use of the site is possible only in case of acceptance of the terms and conditions established by the administrators of the site according to the legal provisions. Continuing to use the site represents the express and unequivocal acceptance of all the terms and conditions presented in the Supply Agreement and on the Sitebreaker.ro website. Art. 4.2. Use, including visiting and buying products and services from the Sitebreaker website, implies acceptance and compliance with the terms and conditions both regarding the use of the website and the purchase of products and services sold by Sitebreaker. Art. 4.3. As a customer, you agree to pay for all the products you purchase through the website, and make the payment for the products you ordered. Art. 4.4. The customer is responsible for the timely payment of all commissions and for making available to Sitebreaker the sums of money, respectively the value of the products ordered by the customer. Art. 4.5. The total price will include the price of the product plus any applicable VAT (in effect on the date of order and payment). Art. 4.6. The customer has the right to withdraw from the transaction without any cost and without giving any justification until the order processing date. The customer does not have the right to withdraw from a transaction after the moment when the processing of the order has started, when the customer's transaction is final and confirmed by Sitebreaker. Art. 4.7. Until an order is made, Sitebreaker reserves the right to change the prices for products offered through the site, at any time, and Sitebreaker does not offer price guarantees or refunds in the event of a price reduction or a promotional offer after the purchase. Art. 4.8. By accepting the terms and conditions presented on the Sitebreaker.ro website or affiliated websites, at the time of placing an order, the customer accepts and gives his consent to the conclusion of a distance contract based on which the distance sale will be made. This contract is one of adhesion and is not subject to modification or negotiation between the parties. 5. ACCEPTANCE OF THE TERMS OF SERVICE. PERIODICAL MODIFICATION OF THESE Art. 5.1. The Sitebreaker website, its services and content are offered to you subject to the customer's/user's acceptance without any modification of the conditions in this document. If, as a customer, you do not accept the terms and conditions stated in this document, do not use the Sitebreaker website and the services offered through it. Art. 5.2. By using the site, the customer indicates and declares that he/she accepts without reservation or limitation the "Terms of Service" of use. The administrators of the site can revise this document at any time, by updating this page, meaning that we recommend you visit this page periodically to Terms of Service the "Terms of Service", because this document legally binds the customer. Art. 5.3. Each access to the site represents a new acceptance of the terms and conditions in force at that time, as they are displayed by the Site Administrator. An acceptance of the terms of service in a previous form, through a previous access to the site, does not affect new accesses subject to the new terms and conditions. Art. 5.4. Proof of the current content of the terms and conditions will be made, wherever and whenever needed, through a unilateral document emanating from the Site Administrator. 6. OBLIGATION TO REGISTER ON THE SITE To use the services offered by the Sitebreaker website, the user undertakes: to provide true, accurate and complete identification data as required by the site's registration form; to maintain and update, when the situation requires it, the registration data to be true, accurate and complete.If the customer provides information that is untrue, inaccurate or incomplete, the Sitebreaker site administrators have the right to unilaterally suspend or terminate the user's account and refuse all current or future attempts to use the Sitebreaker site. 7. ACCOUNT, PASSWORD AND DATA SECURITY Art. 7.1. The user of the Sitebreaker website is responsible for maintaining the confidentiality of the information and of the personal password, being responsible for the use of the registration, regardless of whether the use is made with or without his consent. Art. 7.2. If the user notices an unauthorized use of his account, he is obliged to notify the administrator of the Sitebreaker site in connection with any unauthorized use of the password and personal registration. Art. 7.3. The user also agrees to use the exit button from the personal account when he wants to leave the site and the account. Art. 7.4. The Sitebreaker company and the administrators of the Sitebreaker website will not be liable for any moral or material damage caused by the user's non-compliance with these provisions. Art. 7.5. The administrators of the Sitebreaker website will be able to block the password, the use of the services or the use of any of its other services by the users, or remove and delete any material from the services, for any reason, without being limited to the reasons provided in art. 8.10, 8.11 of this contract. Art. 7.6. Any termination of the user's access to the services offered on the Sitebreaker website, can be carried out without prior warning, the Sitebreaker website administrators having the unlimited right to immediately disable or delete the user's account from the website and all information related to it and/or prohibit any further access to the services offered by Sitebreaker. Art. 7.7. Sitebreaker will not be liable to the user or any third party in any way, for the prohibition and/or deletion of the account and access to the services made available through the Sitebreaker website. 8. COPYRIGHTS AND TRADEMARK RIGHTS Art. 8.1. The entire content of the Sitebreaker website belongs to Sitebreaker and is protected according to the copyright law and the laws regarding the right to intellectual and industrial property. The use without the written consent of Sitebreaker of any elements belonging to the Sitebreaker website is punishable according to the laws in force. Art. 8.2. By accessing the site, the customer is not granted any rights over the material on the site, other than those implied by the normal use of the site. Art. 8.3. Sitebreaker gives the user the right to download the information from the site only for their own, non-commercial use, provided that they do not modify the symbols and text regarding copyright and author's rights. Art. 8.4. Sitebreaker does NOT grant the user the right to partially or fully modify the website, to reproduce partially or fully the website, to copy, sell or exploit the website in any other way without Sitebreaker's consent. Art. 8.5. The user will not modify, copy, distribute, transmit, display, publish, reproduce, grant licenses, create derivative products, transfer or sell any kind of information or services obtained from or through this website. Art. 8.6. The name Sitebreaker, the Sitebreaker logo, are trademarks registered by EXIM HOST SRL. Other brands are also mentioned on the site. They are used by Sitebreaker, either with the owner's authorization, or as a simple indication of some products or services marketed and offered by Sitebreaker. Art. 8.7. The reproduction, imitation, use or application of these marks without obtaining prior authorization from Sitebreaker or from the respective owners is a crime and is punishable according to the laws in force. 9. ORDER, PAYMENTS AND BILLING Art. 9.1. Any order will be made online on the Sitebreaker website https://client.Sitebreaker.net/. Customers are obliged to enter complete, correct and factual data in the form. Domain registration is done in accordance with the laws in force. Sitebreaker cannot be held responsible in any way for inconvenience caused by the provision by customers of incorrect or incomplete information. The order placed will be confirmed by an email whose role is to notify the customer that the new order has been registered in our system. Making and registering the order in our system does not involve any contractual obligations for any of the parties. The customer can cancel the order by not paying the issued proforma invoice and Sitebreaker can cancel the order acceptance and processing by canceling it and returning the amount paid (if applicable). The customer agrees that this confirmation of receipt of the order does not represent a confirmation of the validity of the order or the processing of the ordered services, and does not generate contractual obligations on the part of Sitebreaker. The ordered services will be confirmed and processed only after the payment has been made and the verification has been carried out by the Sitebreaker staff. Art. 9.2. The customer has the obligation to inform Sitebreaker when placing the order or later if necessary, if it is registered for VAT purposes. Art. 9.3. Information regarding Personal Data Protection: https://Sitebreaker.net/privacy-policy/ The customer has the obligation to Terms of Service the Information Note regarding the Protection of Personal Data before continuing the process of ordering and sending data to EXIM HOST SRL. Art. 9.4. After completing the order, a proforma invoice is automatically 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's account. The proforma invoice has no accounting value. The order is considered accepted by Sitebreaker after its processing in the system. Art. 9.5. The customer agrees to pay the value of our services in advance for the period of time in which they are provided. Art. 9.6. All proforma invoices will be sent by email and a printable version will be made available to the customer in the control panel. Customers must pay the counter value of the invoice in advance at the beginning of each payment period, within 5 working days from the date of issuance of the proforma invoice. Art. 9.7. After making the payment and collecting the money, the tax invoice is issued. Tax invoices are sent in electronic "PDF" format by email. Art. 9.8. Tax invoices issued after June 1, 2008 are available in PDF format and in the customer account in the "Tax Invoices" section. Art. 9.9. Sitebreaker recommends confirming payments by sending a copy (photo, scan) certifying this (with the bank's stamp) by email (according to our contact page). Customers benefit from Sitebreaker services in 1-24 hours after payment confirmation. Art. 9.10. Suspension - We reserve the right to suspend any account after 15 days from the due date of payment of the proforma invoice if payment has not been made. Any extension of the payment term is at our discretion. Art. 9.11. Account Deletion - We reserve the right to permanently delete all web hosting account data after 30 days from the due date of the proforma invoice if payment has not been made. Any extension of this term is at our discretion. If the customer requests the resumption of a hosting service after it has been deleted from the server, we will check if there is a backup copy on the existing back-up solutions. If this copy exists, a new hosting invoice will be issued for the same package as the previous one, and the content will be restored after payment. If you do not want to continue the hosting service and you request the provision of a back-up, it will be provided only after paying a fee of 15 dollars to cover the storage and the cost of providing the back-up on the storage solutions existing as well as the delivery in electronic format (download link) of the existing copy. We do not offer any kind of guarantee regarding the existence of a backup copy on the servers or its integrity. Art. 9.12. Cash or OP Payment (Bank Deposit or Bank Transfer) – All invoices and direct payments (cash) or by bank transfer (OP, Cash Deposit) to Sitebreaker are processed in USD Art. 9.13. Online Payment (Credit / Debit Card or PayPal) – Online payments are made securely through Stripe www.stripe.com/ and are subject to certain terms and conditions. Please Terms of Service these terms and conditions here.. Art. 9.14. Payment for Dedicated Server services is made in advance. If the payment of a Dedicated Server is not made within 15 days from the due date of the invoice, the server will be closed, without deleting the customer's data from it. Data will be deleted 30 days after the due date of the invoice. 10. DOMAIN REGISTRATION Art. 10.1. Domain registration or reservation (in the case of RO domains) is done after receipt of the counter value of the proforma invoice issued for the registration services regardless of the domain type .ro, .eu, .com, etc. Important: Domains once registered cannot be deleted or modified regardless of the extension! Art. 10.2. Sitebreaker is not responsible for the situation in which between the time of placing the order and payment and registering the domain, it is registered by another person or another hosting company. In this case, the customer can request either the refund of the amount paid for the domain, or the registration of another domain with the same extension. We are not responsible for non-payment on time of domains that require renewal, which may lead to the payment of an activation fee or the loss of the domain. The activation fees depend on each type of domain and are displayed on Sitebreaker.net/. Pointing domains to hosting is done through nameservers, which are set by the customer or by us at the customer's request. For domains, the possibility of advanced administration of the DNS zone is not offered except in the case of holding a hosting package, in which case the advanced administration of the DNS zone is done through Cpanel. Art. 10.3.In the case of USAn or international domains, the data is sent to the issuing authorities of these domains (ROTLD, ICANN, Eurid, or international authorities that issue various domains). Sitebreaker acts as a partner of these institutions, taking the data provided by the customer for registration and sending them to the issuers' system for registration. The rules for displaying personal data in the case of these domains are the responsibility of these authorities. In the case of Rotld: http://www.rotld.ro/ In the case of Eurid: http://www.eurid.eu/ro/ In the case of international domains issued by ICANN, Processed through Demand Media INC, USA: http://www.enom.com/terms/privacy.asp For domains processed through ENOM (com, net, info, biz, org) there is the possibility of hiding the owner's data through the ID Protect option, available for a fee. If the customer does not agree with the rules for registering these international domains, the registration cannot be done. Art. 10.4. Domain registration is done in accordance with the general rules imposed by ICANN (Internet Corporation for Assigned Names and Numbers). Depending on the type of domain, the TLD (Top Level Domain) administrator imposes clear rules for registering and using Internet domains. ICANN Consensus Policies Sitebreaker registers these domains through its partner ENOM, customers who register international domains or choose to renew them must comply with ENOM's registration rules: http://www.enom.com/terms/agreement.aspx Important: Order and registration of PREMIUM domains If the domain ordered by you is a PREMIUM one, we will not be able to register the domain for you. The determination of the PREMIUM status of a domain is determined when the domain registration process is started by the Sitebreaker staff, or automatically by our systems. If the ordered domain is a PREMIUM one, we will contact you to establish either the return of the amount paid by you for the order or to inform you of the price at which the respective PREMIUM domain can be registered, or to register another domain with the same extension. Note: PREMIUM domains are domains consisting of a few letters or with very well-known or common names, but not limited to these rules. The PREMIUM status of a domain is determined and provided by the ENOM system through spot checks and may not be available when the order is placed, but only at the stage of its verification by Sitebreaker. Art. 10.5. Registration of .ro Domains – Sitebreaker is a RoTLD (USAn Top Level Domain) partner and the registration of domains in the .RO Zone requires Terms of Serviceing and accepting all the rules imposed and regulated by RoTLD. In accordance with the Partnership Agreement concluded with RoTLD, Sitebreaker displays the information regarding the registration of .ro domains, the Registration Rules, the Registration Agreement and the rest of the information regarding the registration and use of a .ro domain. The customer agrees to consult the information provided. If you do not agree with the existing rules and conditions for the registration and use of .ro domains, do not place the order. Completing the order means accepting all these terms and conditions. The domain registration data are completed by the customer upon order and are automatically transmitted via API to the authority issuing the .ro domains, RoTLD, without interfering with them in the reservation and registration process. Registration Rules Registration Agreement Based on the ICI RoTLD decision, the annual maintenance fee was introduced starting on March 1, 2018. The right to use a domain is acquired after paying the registration fee. The extension of the right to use a domain is done by paying the maintenance fee before the expiration of the valid period of the right of use (expiry date). Failure to pay the maintenance fee by the expiration date leads to the suspension and deletion of the respective domain. Sitebreaker, as a partner (reseller) of RoTLD, offers domain registration services based on a partnership contract with RoTLD and is subject to RoTLD rules and decisions. Sitebreaker does not guarantee and cannot guarantee in any way that any of the existing conditions for domain registration (registration term, administration method, various fees) will not be modified by RoTLD in any way, including for alTerms of Servicey registered domains. In case of changes that affect the holders of .ro domains, Sitebreaker will communicate through the website and other channels at its disposal the information made available by RoTLD, in the shortest possible time after they become public and Sitebreaker has taken knowledge of this information. Art. 10.6. .EU domains – Sitebreaker provides registration, renewal and transfer services of .EU domains in accordance with the rules imposed by EURid (European Registry of Internet Domain Names) and the registration of .EU domains implies Terms of Serviceing and accepting all the rules imposed and regulated by EURid. Art. 10.7. International Domains - Sitebreaker provides registration, renewal and transfer services of International domains, through the partnership with eNom (eNom, Inc. Chicago, IL), in accordance with the specific rules of each type of domain, rules imposed by TLD (Top Level Domain) administrators . . COM – Domains with commercial purpose. ICANN – COM rules apply. . NET – Domains for networks, general or commercial. ICANN – NET rules apply. . ORG – Domains for organizations or commercial. ICANN – ORG rules apply. . BIZ – Domains for companies or commercial use. ICANN – BIZ rules apply. . INFO – General purpose domains. ICANN - INFO rules apply. . US – Domains for the United States of America only. usTLD rules apply. . UK – Domains for the United Kingdom of Great Britain only. Nominet rules apply. . IN – Domains India. It can be registered regardless of the country. . NAME – Domains for proper names. ICANN – NAME rules apply. . MOBI – Mobile device domains. MOBI details. Art. 10.8. If the domain ordered by the customer cannot be registered for any reason (incomplete or wrong identification data, unavailability, rules imposed by TopTLD and which are not respected by the future owner of the domain, premium domains, requirements regarding the country of residence, legal status, field of activity, other situations) the order will not be accepted and will be canceled and the amounts paid by the customer for the registration of the domain will be returned. 11. PROTECTION OF PERSONAL DATA Art. 11.1. According to the requirements of Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free circulation of these data, amended and supplemented and of Law no. 506/2004 regarding the processing of personal data and the protection of private life in the electronic communications sector, EXIM HOST SRL has the obligation to manage in safe conditions and only for the specified purposes, the personal data that you provide us about you, a family member you or another person. The purpose of data collection is: providing services and products according to the current offer, as well as registering web domains on behalf of customers and according to their orders. You are compelled to provide the data, these being necessary to be able to identify the recipient of the services or products provided, or to register the domains in your name (as a customer). Your refusal determines the impossibility of providing the service or product, or the registration of the ordered domains. The recorded information is intended for use by the operator and, as the case may be, is communicated only to the following recipients: the national/European/world registration/administration authorities of web domains or their authorized partners (ROTLD, EUrid, Enom). In the case of international domains, the data is sent to the issuing authorities of these domains (ICANN, Eurid, or international authorities that issue various domains). The rules for displaying personal data in the case of these domains belong to these authorities: Domains.EU In the case of Eurid (WHOIS Policy section): https://eurid.eu/ro/ The Eurid rules for registering .EU domains require the display of the domain owner's contact data in the Whois section of eurid.eu, without the possibility of hiding the data. International domains .COM, .NET, .ORG, .INFO, etc In the case of international domains issued by ICANN, Processed through Demand Media INC, USA: http://www.enom.com/terms/privacy.asp The rules for ICANN – ENOM domains assume the display of the domain owner's data in Whois searches. For domains processed through ENOM, there is the possibility of hiding the owner's data through the ID Protect option, available for a fee. Important: If the customer does not agree with the rules for registering these international domains, the registration cannot be done. According to Law no. 677/2001, you benefit from the right of access, intervention on the data, the right not to be subject to an individual decision and the right to go to court. At the same time, you have the right to object to the processing of personal data concerning you and to request the deletion of the data*. To exercise these rights, you can send a written, dated and signed request to contact@Sitebreaker.net. You are also recognized as having the right to address yourself to justice. If some of the data about you are incorrect, please inform us as soon as possible. Note: *any person has the right to oppose, for legitimate reasons, the processing of data concerning him. This right of opposition can be excluded for certain processing provided by law (eg: processing carried out by the financial and fiscal services, police, justice, social security). Therefore, this mention cannot appear if the processing is mandatory; any person also has the right to oppose, free of charge and without any justification, the processing of his personal data for direct marketing purposes. Art. 11.2. By accepting this contract, we inform you that the data provided when registering the domains and the data provided for invoicing the services provided will be transmitted to the authorities that have the legal right to request them, in the cases in which they will be requested by them, based on requests received from the authorities respectively. 12. GUARANTEES AND REFUNDS Art. 12.1. Sitebreaker offers the possibility of return within 14 days! Customers have the right to a refund of the amount paid for web hosting services within 14 calendar days from the payment of the hosting package, without specifying the reasons. Customers who want a refund for hosting services must request this through an unequivocal statement via an email to contact@Sitebreaker.net or through the integrated support system. The request must contain the customer's identification data, the confirmation that all the data on the server has been saved, optionally the reasons for requesting the return of the money, as well as the information necessary for the return operation. If the customer also purchased a domain together with the hosting package and it benefited from a discount offer, the entire value of the domain will be deducted from the total amount paid (at the registration price without discount). The domain will remain the customer's property until expiration, depending on the registration conditions specific to each TLD. Bank Commissions and those for Card Payment Processing (if applicable) are deducted from the returned amount. Payment of the returned amount minus commissions will be made within a maximum of 30 days from the date of receipt of the refund request. The customer must save all data from the web hosting account before making the refund request. From cPanel you can generate and download an archive that includes all the account data automatically. Payment for domain registration cannot be returned from the moment the domain was registered, it becomes the customer's property until the registration term expires. The following are not subject to the return guarantee: domain registration, security certificates, licenses or dedicated servers, any other services or products that are individualized at the customer's request (domain registration, IP-based activation outside shared hosting services, allocation on 1 certain field of a license). Art. 12.2. The return cannot be offered in certain cases and for certain services. Payment for domain registration, licenses, discounts or other freebies is not refundable. In the event of a refund request for web hosting packages, the price of the domain, licenses, discounts or freebies will be deducted from the total amount. This rule also applies to customers who received a free domain, a license, discount or free of charge following a promotional offer. Payment for domain registration cannot be returned from the moment the domain was registered, the domain becomes the customer's property until the registration term expires. Since special services such as Dedicated Servers have a high cost of commissioning, the payment cannot be refunded, the servers will remain in operation until the term expires Art. 12.3. Sitebreaker service performance guarantee In case of non-functioning (downtime) of the servers / services offered by EXIM HOST SRL for more than 1% of a month, the customer has the right to an additional month of free web hosting. The amount of compensation cannot exceed the monthly or total amount paid by the customer for the hosting service. Compensation is offered only at the customer's request in the form of free hosting services granted in the form of months. The non-functioning of the hosting packages must be due to hardware or software reasons related to the EXIM HOST SRL equipment and infrastructure and does not apply to external factors such as: connections to internet providers, electricity, gas, utilities or special emergency cases in the laws in force. Art. 12.4. The refund guarantee does not apply if the customer does not comply with the terms of the EXIM HOST SRL service provision contract. 13. USE OF THE SERVICES Art. 13.1. The services offered by Sitebreaker will be used only for legal purposes. Any activities that can be considered illegal are strictly prohibited. Art. 13.2. Sitebreaker reserves the right to delete or block access to content on the site or server without prior notice. The right to use Sitebreaker services will be restored after the account holder becomes legal. Art. 13.3. If 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 (Sitebreaker customer) will be informed of our facts and reasons. Art. 13.4. The space offered can only be used for storing files used on the site (html files, documents, scripts, images, multimedia files, emails) or related to the site's or company's activity. It is not allowed to store files for filesharing, torrents, mass downloads, etc. Art. 13.5. Our servers will not be used in any form and under any circumstances for the transmission, storage or publication of illegal materials (including the legislation of USA, the European Union and the USA). Illegal materials include, but are not limited to: Violation of a copyright or any other right of any third party; Materials or Links to movies, TV channels, mp3 or other media formats; Promotion of illegal activities (hacking, cracking, warez, etc.); Materials protected by trade secrets or any other status; Threats, abuse, harassment, slanderous statements; Materials intended to encourage feelings 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 viruses or Trojans; Collection of personal information for use for illegal purposes; Personal data without the written consent of the persons concerned; Any content deemed by us to be harmful or illegal. Art. 13.6. Pornography or any other materials with sexual, erotic, nudity or obscene content, links, redirects or other media related to pornography are prohibited on our servers. Sitebreaker reserves the right to decide on the legality of these sites and to block public access or suspend services. Art. 13.7. The following scripts are not allowed to be used on our servers: Scripts for Proxy or IRC; Scripts for Torrent Tracker or Torrent files; Scripts for Charts or Statistics; Scripts for File Sharing; Scripts for Matrimonial or Intermediate Swing, Sexual, Erotic, Adult; Scripts for Social Networks, Online Communities; Scripts for Url Redirection (url shortener); PhpShell and similar scripts for executing commands; FormMail type scripts; Chat Scripts, Live Support or any other live chat/discussion system; Distribution scripts (hosts or links) media, video, music, live stream; 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. Art. 13.8. The provider reserves the right to suspend within 12 hours of notifying the customer any website that promotes fake news. Any page or material that, following an internal report or analysis, is identified as promoting fake news, we do not reserve the right to block public access or suspend services. 14. SENDING MESSAGE POLICY Art. 14.1. Sending e-mail messages for commercial, advertising or mass purposes to e-mail addresses once or regularly must comply with the conditions imposed by us. Such campaigns can only be operated with e-mail lists in which people sign up personally by express agreement, (according to law 365/2002 Art 6, paragraph 1 and 2) to receive such messages and in all messages the procedure of withdrawal from the lists. Any complaint received in this regard will be investigated and the necessary measures will be taken. Art. 14.2. Conditions that must be respected when sending commercial, advertising or mass messages: Email marketing campaigns or mass emails are only allowed if the customer has a Dedicated IP address. Any email list larger than 2000 addresses requires a dedicated specialized solution. The sending of messages must be divided so that no more than 100 messages are sent per hour. (sending higher values leads to blocking the sending of all messages by servers such as yahoo, google, hotmail). Sending mass email messages must be done through a script that uses the SMTP connection. The use of sendmail from CGI or PHP "mail()" is prohibited for sending mass email messages. The addresses passed 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 email. Archiving of the data entered by the recipient when registering in the email lists, including the date and time of registration, IP address and data about the visit. Include in each email sent the complete and true identification data of the sender. Include in each email the possibility to give up receiving email messages, which must be respected. Email address lists must be kept up-to-date, assuring that you have the resources to do so. Art. 14.3. Any notification received in this regard and confirmed will lead to the immediate suspension of the respective account without prior notice to the hosting account holder or the reseller. 15. ANTI SPAM POLICY Art. 15.1. Sending commercial, advertising or unsolicited messages generically called SPAM for the promotion of any site using our servers or through other servers for the promotion of any site hosted on our servers will result in the suspension or cancellation of the customer's hosting account, without the right to a refund. Email lists can be operated under the conditions that people sign up to receive messages through express personal acceptance and the withdrawal procedure from the lists is published in all messages. Any complaint received in this regard will be investigated and the necessary measures will be taken. Art. 15.2. A message can be considered SPAM even if: It has the phrase "This email cannot be considered SPAM..." or other similar phrases. If the identification data of the sender is incomplete or incorrect. If you cannot prove that a certain person has agreed to receive email messages from you. If the withdrawal procedure from the email database does not work. If you use email lists bought (even with an invoice!) or received in exchange. The email message is being sent from another server. Art. 15.3. Any notification received in this regard and confirmed will lead to the immediate suspension of the respective account without prior notice to the hosting account holder or the reseller. Art. 15.4. 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.The unlocking or lifting of the limits is done only after sending to EXIM HOST SRL by fax or e-mail a declaration on your own responsibility signed, dated and stamped (in the case of companies) with the text "I have Terms of Service, understand and agree with the sending policies of the e-mail messages stipulated in the Service Supply Agreement, EXIM HOST SRL." accompanied by a copy of the identity document or of the registration certificate in the case of companies. Art. 15.5. The use of online forms for sending e-mails is done only through secure scripts to which access is restricted by password or anti-robot systems. Failure to comply with these provisions leads to the deactivation of the scripts or the suspension of the account. 16. USE OF RESOURCES Art. 16.1. All accounts are monitored to track server resource consumption. If an account uses a very large amount of resources, we will contact the respective customer to discuss this. If an account uses too many resources (memory, processor), the account can be suspended or the script disabled without prior information to the customer, in order to maintain the proper functioning of the server. Within the "Shared Hosting" web hosting and reseller packages, large resource consuming users will not be accepted under any circumstances. Sitebreaker oversees compliance with the above by monitoring reports on resources used. Art. 16.2. Customers can request the improvement of the package or the temporary increase of the allocated resources. It is the customer's responsibility to contact us in time to request an increase in resources to avoid account suspension. In some cases, accounts are automatically suspended when the limit of allocated resources is reached, for reactivation, manual intervention on our part is required. 17. RESTRICTIONS, LIMITATIONS AND UPDATES Art. 17.1. Sitebreaker periodically updates without prior notice the software / system programs running on the servers (examples: Operating System, cPanel (including additional software), PHP, MySQL, FTP, Apache (Web Server), Exim (Mail Server) etc...) to stable versions made available by the producers of the respective software. Under certain conditions, it is possible that functionalities and/or software and programs offered will be permanently removed or replaced with others to cover security holes, design errors and ensure the safe operation of the servers. Art. 17.2. We reserve the right to impose hardware and software restrictions on the use of Sitebreaker services without prior notice, in case of known security problems that may lead to malfunctioning of the servers or exploitation of the programs installed on the server, even if this leads to the blocking of permanent access have temporary web hosting services. Art. 17.3. If Sitebreaker finds out, following the monitoring of the servers or following a notification, an account in which illegal activities are carried out or files that can be used for illegal activities, the services will be limited, blocked or suspended. Sitebreaker will notify the customer and send examples of files or software from within the hosting account. It is likely that the illegal activities are carried out by attackers / hackers who speculate on the software used on the site or passwords saved on the computer. Art. 17.4. Automatic Anti Malware and Antivirus protection Sitebreaker uses special software to detect attacks and malware infections. These specialized softwares perform permanent scans on the accounts and the activity in these accounts to prevent virus and malware infections. Identified infected files will be automatically placed in quarantine to ensure the protection of the account and third parties accessing the site in question. The probability of affecting the operation of the infected sites is minimal, however in certain situations, if important files are infected (eg: index.html) this can lead to site malfunctions. Customers have the obligation to immediately notify us of any observed malfunctions, to check if this is due to malware infections. Under these conditions, Sitebreaker will provide the list of quarantined files to the customer for their cleaning. The quarantined files are kept for 30 days on the server, after which they are automatically deleted by the system. Art. 17.5. Redirection of emails (Forward) to certain free email service providers such as: yahoo, hotmail, gmail, etc. it is FORBIDDEN and blocked on our servers. We reserve the right to block or delete any redirection of this kind, due to the policy of these providers to block the IP of the server from which this kind of redirection is made. Art. 17.6. Apache / PHP Limitations and Disabled Functions: 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_wifsignaled, pcntl_wifstopped, pcntl_wstopsig, pcntl_wtermsig Art. 17.7.All hosting packages are limited to 200/hour of e-mail messages that can be sent from each account. NOTE The headers of messages sent without authentication, the mail() function, cannot be rewritten! NOTE The DEDICATED IP is purchased separately for each hosting package (cPanel account)! 18. SPECIAL CONDITIONS DEDICATED SERVERS Art. 18.1. Payments made for Dedicated Servers are not refundable. Art. 18.2. The servers are offered without management, the customer is responsible for managing his own server. Art. 18.3. The customer is responsible for performing a back-up for the existing data on the server. Sitebreaker does not offer backup services for servers and no guarantee regarding the integrity of the data on the server. Art. 18.4.Payment for VPS Server services is made in advance. Payment for VPS servers must be made no later than the service expiration date (service due date). If the payment is not made by this date, the server will be closed and permanently deleted, including all data existing on the server, they will not be able to be recovered after deletion. 19. TECHNICAL SUPPORT CONDITIONS The technical support offered is of the "best effort" type. Sitebreaker does not offer guarantees regarding the response times and the resolution of requests addressed to the support system. Technical support is provided for: use of hosting services; use of email services (we do not provide support for email software settings (eg: Outlook, Thunderbird, iPhone Mail, Android Email, etc.)). Technical support is NOT provided for: creating and managing web pages; the use of software for sending emails; verification and repair of site operating errors; free software available to customers (eg: SiteBuilder, Softaculous, etc.). Support offered for a fee: Sitebreaker can provide support for a fee upon customer request for specific technical situations exclusively for services that are hosted on our servers. In the case of SSL certificate installation services, these are offered for a fee, are valid exclusively for accounts hosted on our servers and refer to the installation of the certificate on the server and do not include the necessary settings at the site level. The changes that must be made in the site are strictly the responsibility of the customer. 20. BACK-UP Art. 20.1. Customers have the obligation to periodically save backup copies of the data stored in the hosting packages on their own media. For this purpose, the cPanel software offers tools for generating archives that contain data (files, emails, databases) and hosting package settings automatically or manually via FTP, PhpMyAdmin or FileManager depending on your preferences. Customers must ensure that they have enough space in the hosting package to generate backup copies, that they are downloaded to their own storage medium and that the saved data is intact and usable. Art. 20.2. The back-up services (safety copies and data protection) are implemented by Sitebreaker on several storage media and restore points that may differ depending on the package or server. The physical protection of the hard disks is ensured by RAID, the hosting accounts are saved overnight (the running interval depends on the package type) on dedicated storage media through cpbackup (cPanel), on external storage servers through specialized software and an external backup that can only be used in cases of force majeure. Although we constantly invest in technology and resources, we cannot offer any guarantee regarding the correct functioning of the backup systems, the existence of the backup data or the integrity of the data stored for backup purposes. Since in certain cases and circumstances the data can be lost without the possibility of being recovered, the customers have the obligation to make safety copies / backup of the data on their own storage media. Art. 20.3. Backups that can be used for data recovery are generated periodically, overnight, through the cpbackup system (cPanel) and the dedicated back-up system and kept on dedicated storage media in several versions (restore points). Customers have access through Cpanel to the copies created in this regard to restore or download their back-up files. Upon request, we try to offer customers archives of the hosting package stored on the backup harddisk, however we do not offer any guarantee related to the existence of the data or the integrity of the backup data. Customers have the obligation to periodically save backup copies of the data stored in the hosting packages on their own media, using the tools available in the hosting packages. Customers can request a manual restore from the Sitebreaker technical team within the limit of 3 restores per month. Additional restores performed by the technical team will be charged 15 USD per restore. After deleting the hosting account from the server, customers can request to search for a possible back-up on the disaster recovery solution. This will be provided if it is identified against a fee of 15 USD. If the customer opts for the resumption of the hosting service, this fee will not be charged. Art. 20.4. Backup exclusion limits for the number of files (inodes) and writing to the account: unlimited. 21. CUSTOMER RESPONSIBILITIES Art. 21.1. The customer has the obligation to update the contact information and at least a functional email address in the control panel, the Sitebreaker customer panel and the billing data, whenever necessary. We cannot be held responsible for confusion in communication as a direct result of the customer's failure to perform the necessary updates. Art. 21.2. The customer is responsible for keeping the username, passwords and other sensitive information safe, such as: access to the hosting package, the customer panel, the software used on the website, etc. If there is any doubt in this regard, the customer must modify or request modification of the authentication data by contacting the assistance team as soon as possible. Art. 21.3. The customer is fully responsible for securing the content hosted on our servers, and if the content has been compromised (infected with viruses, shells, phishing, etc.) he is fully responsible for cleaning and securing his own content. Sitebreaker has NO responsibility for securing or cleaning customer content. Art. 21.4. The access history (Access Logs) is processed daily by the server and deleted automatically. If you want to archive the access history, the customer can save the access history (access log) using the option available in the cPanel control panel. The access history includes the IPs that accessed the site through the http and/or ftp interface. Art. 21.5. The customer has the obligation to keep the commercial or free software/ scripts used on the hosting accounts updated to the latest (newest) version. Also, the customer has the obligation to update the scripts used within 24 hours of notifying Sitebreaker. Otherwise, Sitebreaker reserves the right to delete or block access to the content of the hosting account without prior notice. Art. 21.6. The customer guarantees that all materials of any kind held in the customer account are his property and that he has the legal right to use or publish, and that any responsibility regarding the content of the account rests entirely with him, Sitebreaker having no responsibility in this regard. 22. COMMUNICATION WITH Sitebreaker CUSTOMERS Art. 22.1. Communication with customers takes place via mail or tickets. Art. 22.2. The customer agrees to receive any information regarding the services, the issuance of proforma, notification of non-payment, suspension of services or other communications related to Sitebreaker's activity on any of the communication channels above. Art. 22.3. Communication with customers is limited only to the services offered by Sitebreaker and will not have advertising purposes, unless the customer expresses his agreement in this regard. Art. 22.4. We will consider requests for data provision, password reset, data changes or service cancellation notifications only if they are sent from the existing email addresses in the customer account, to ensure the verification of the identity of the customer making the request. Art. 22.5. In the event that the existing addresses in the customer's account are no longer valid at the time of the request for the provision of information by the customer, or the request for information comes from a different email address than the one in the customer's account, Sitebreaker will request from the customer a copy of the Identity Card and/or the Certificate of Registration of the company as the case may be, to verify the identity of the applicant. We will also ask for a signed and/or stamped address from the individual or company to change the email addresses in the system. Art. 22.6. The customer agrees and understands that in the above situation, at the request of Sitebreaker, he is obliged to make the requested documents available to him, otherwise, his request cannot be honored by Sitebreaker. Art. 22.7. The documents requested by Sitebreaker will be issued in a copy signed and/or stamped by the customer , as the case may be, certifying the conformity of the document with the original one, with the mention - in accordance with the original - being made in this sense. Art. 22.8. The customer assumes full responsibility for the documents requested and provided to Sitebreaker, the latter only having the obligation to verify the correctness of the information on the documents provided by the customer, not their validity or legality, the customer assuming by providing them the validity and legality them and their conformity with the original. 23. LIMITED LIABILITY Art. 23.1. We cannot be held responsible for damages caused by the temporary unavailability of our servers, for whatever reason. This provision also includes damages resulting from data damage or loss. The customer agrees to guarantee and hold us harmless in relation to any claims and/or damages, without being limited to these, caused to third parties as a result of the use of the services. Art. 23.2. Sitebreaker offers technical support to all customers to ensure the proper functioning of the services offered. In case of excessive requests for technical support for the customer's personal purposes (restores, migrations, etc.), Sitebreaker reserves the right to impose a fee either per hour or for the total intervention. Free migrations are offered only to customers who have access to the cPanel account of the former hosting provider. Without this access and without the "Backup Wizzard" function activated at the former hosting provider, a fee will be charged depending on the complexity of the migration. Art. 23.3. Sitebreaker is not responsible for providing customers with the access history of the sites (access log), they can be archived and downloaded by the customer from the control panel. Art. 23.4. Sitebreaker does not provide technical support regarding the use of free scripts offered to customers. Sitebreaker reserves the right to stop offering the free scripts at any time, without prior notice. Free scripts offered include but are not limited to RVSitebuilder, Softaculous Package, etc. The support service is offered only for the use of hosting services. Art. 23.5. Sitebreaker is not responsible and cannot be held responsible for providing the customer's contact identification data in the cases provided for in the "Registration of domains" chapter of this contract, the customer understanding that without the display of this information the registration of international domains cannot be carried out. Art. 23.6. Sitebreaker is not responsible and cannot be held responsible, if the user's site has been blocked and reported as spam, access has been blocked if infected files (malware) have been identified that can harm third parties, the site is exploited in order to be used for apparently illegal activities, or access to the site is blocked as a result of server failure or the existence of corrupt files or defects that cause the site or service to be unusable. In all these cases, Sitebreaker responds within the limits, terms and conditions provided in the chapter "Guarantees and refunds" of this contract. Art. 23.7. The customer understands and agrees that Sitebreaker is only responsible within the limits and conditions assumed in the "Guarantees and refund" chapter of this contract, any other liability of any nature, cannot be engaged or claimed from Sitebreaker, the liability and warranty offered being limited to the chapter "Guarantees and the return of money" in the contract. Art. 23.8. You agree that if we are threatened with a lawsuit by a third party, we can request written assurances from you, assurances in which you promise us protection; if you do not provide these assurances, this may be considered a breach of the contract between the parties and may lead to the suspension of the hosting service. Art. 23.9. The customer understands and has the obligation to inform himself, and to accept the registration rules, the terms and conditions imposed by Sitebreaker's partners, regarding the registration of both USAn and international domains, Sitebreaker being only the intermediary between the customer and the partner, unable be held responsible for the rules, terms and conditions imposed by the customer partner, or for any restrictions, requests, or damage, loss of data, customer details or seller details, revenue or other damages to the business due to delays, wrong transmission or non-transmission of information , due to restriction or interruption of access, bugs or other errors, unauthorized use due to sharing of access to the service, or other interactions with the service contracted by customer from Sitebreakers or through Sitebreakers from one of its partners. 24. FINAL PROVISIONS Art. 24.1. If, for any reason, you are not satisfied with the services we offer you, please contact us and tell us what the problem is in order to solve it. If we cannot solve your problem and you want to terminate the contract, you can inform us of this and you will receive back the money for the SHARED web hosting services paid in advance. Payment for domain registration, Dedicated Servers, Licenses of any kind, SSL Certificates, ID Protect or other related services are not refundable. Art. 24.2. We will allocate all the necessary resources in investigations into acts of violation of system or network security, and we will cooperate with the authorities in case of crimes. Customers who violate these provisions may be held criminally or civilly liable. Art. 24.3. For customers with multiple accounts or resellers, we reserve the right to suspend all accounts if the owner of the main account violates these provisions to an extent that we consider to be very serious. Art. 24.4. We are the only ones in a position to judge what constitutes a violation of the above terms and conditions. Failure to comply with the above terms and conditions is grounds for account suspension or deactivation. Art. 24.5. Any dispute arising in connection with the use of this service will be resolved amicably. If the conflict has not been resolved, any dispute arising from or in connection with this contract, including regarding its conclusion, execution or termination, will be settled by the arbitration of the Galati Commercial Arbitration Court next to the Chamber of Commerce and Industry of Galati, in accordance with the Rules of Arbitration Procedures of this Court. The arbitration award is final and binding. Art. 24.6. We do not accept orders containing false personal data, including Name, Surname, Address, City, County, Email address. Any order of this type will be canceled without notifying the customer beforehand. Art. 24.7. We do not accept orders of "TEST" hosting packages for free domains, hosting packages that have set dedicated IP, TLDs such as .TK, .GA, .ML, .CF, .GQ, etc. and neither for unregistered domains, news domains, nor for domains related to online games, nor for domains that have pornographic words in their content. Any order of this type will be canceled without notifying the customer beforehand. We do not accept orders for "TEST" type hosting packages that include the dedicated IP. Art. 24.8. Migrations from the old web hosting provider will be carried out between Monday-Friday: 9-17 (UTC/GMT +2), with the exception of legal holidays. Also, the migrations will be carried out if and only if the old hosting provider will provide access to a cPanel account with the full backup function activated. 25. PRIVACY POLICY The PRIVACY POLICY can be consulted at https://Sitebreaker.net/privacy-policy/ and is an integral part of the Terms of Service. Art. 26.Cryptocurrency mining is prohibited both on physical servers and on virtual servers (VPS). It is forbidden to launch Phishing, Flood, DDoS, DoS attacks from physical servers as well as virtual servers (VPS). In the event that Exim Host SRL reports some of the actions mentioned above, the services from which these actions are launched will be suspended. GENERAL This document contains the terms and conditions of use of the services offered by EXIM HOST SRL through Sitebreaker (www.Sitebreaker.net) or other owned sites. DEFINITION The provider of hosting and domain registration services that can be contracted and purchased through Sitebreaker (www.Sitebreaker.ro) and the other owned sites is EXIM HOST SRL: Fiscal Registration Code: RO40672655; Str. Frunzei no. 109, Galati, USA. User – defines any natural or legal person who uses Sitebreaker services. Customer - defines any natural or legal person who initiates an order. Order – request addressed to Sitebreaker by a natural or legal person requesting web hosting services or domain registration and which does not create contractual obligations for the parties.