General Terms of Service
These Terms of Service (the "Agreement") are an agreement between Power Enterprises SRL ("Power Hosting" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Power Hosting and of the Power Hosting website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
The Service Provider of all hosting and domain registration services, that can be purchased through the Power Hosting website (www.powerhosting.com) or any other of its websites, is POWER ENTERPRISES S.R.L., Reg number 34674210, J33/553/2015, address Str. Florilor 2, Vatra Dornei, 725700, Suceava, România. It will be called generically Power Hosting.
User - refers to any individual or company that is user the services offered by Power Hosting
Customer - refers to any individual or company that opens an order with Power Hosting
Order - request addressed to Power Hosting by an individual or company, for web hosting services, administration of hosting services or resources, domain registrations, management or monitoring services and which does not create obligations on any side.
2.1. The present agreement defines the terms that Power Hosting is using to provide its products and services to its clients and collaborators. This document IS the agreement between Power Hosting and its customers. All customers and users of the web hosting services are the subject of these Terms and Conditions, which means that using the Power Hosting services implies accepting and fully complying with this Agreement.
2.2. By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
2.3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Power Hosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Power Hosting Customer Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
2.4. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
2.5. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the Reseaux Internet Protocol Europeens (RIPE), or the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
2.6. The Service and any data you provide to Power Hosting is hosted in the European Union (EU) or in the United States (US) unless otherwise provided. If you access the Service from outside of the EU or US, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the EU or US and you are agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the EU or US, and not necessarily of the jurisdiction in which you are located.
3.1. Website and services usage is possible only by accepting all the terms and conditions mentioned in the Legal section of the website, that were created by the website administrator according to the current laws and regulations. By continuing using the website you express your consent to accepting all terms and conditions listed in this Agreement and the other documents in the Legal section.
3.2. Viewing, ordering and using the products and services on the Power Hosting website(s) always imply accepting and complying with our terms and conditions, both related to accessing our website and purchasing any of the products and services provided by Power Hosting.
3.3. As our customer, you agree to provide the required payment, for all products and services purchased from our website.
3.4. The customer is responsible for the payments, on time, of any fees and to provide the recurring payments for the ordered services or subscriptions.
3.5. The final price will include the product price and any other VAT that is applicable at the moment of the order OR the payment.
3.6. The customer has the right to withdraw from the transaction, without any cost or justification BEFORE the order is processed. Most of the orders are processed immediately, which means that once you have submitted the order form, the agreement terms become active. The customer cannot withdraw from a transaction starting with the moment when the transaction has started being processed, at that moment the transaction is final and confirmed by Power Hosting.
3.7. Power Hosting reserves its right to change the prices of its products or services offered through its website(s), at any moment and Power Hosting is not offering any warranty regarding its prices, nor any refund if a price was reduced after the order was processed, or a promotional campaign started soon after that.
3.8. By accepting the terms and conditions on the Power Hosting website, or its affiliate websites, at the moment when an order was submitted, the client agrees with the subsequent agreements that Power Hosting has with 3rd party entities, that are providing services necessary in this process, such as payment processors, domain registrars, etc. Those agreements and services are not negotiable between the customer and Power Hosting.
4. Accepting the terms. Periodic modifications.
4.1. The Power Hosting website(s) and its contents are offered with the strict requirement that the customers and/or users are fully accepting all the terms and conditions in this agreement. If you, as customer or user do not accept these terms and conditions, don't use this website nor the products or services offered through it.
4.2. By choosing to utilize the website, the customer or user, the client agrees fully and unconditionally to comply with the terms and conditions of use. The website administrators can change or update this document at any time, which means that the customer or user should visit our Legal section periodically and read the documents, as this agreement is legally binding.
4.3. Each and every website visit means accepting each time the terms and conditions available at that moment, as they can be seen in the Legal section. Accepting a previous form of the terms and conditions, at a previous visit, is not available anymore at a new visit, if they were changed.
4.4. The proof of the correct terms and conditions will be done only by Power Hosting and its website administrators.
5. Registration requirements
5.1. In order to be able to use the Power Hosting website, the user is required to:
a. provide the identification details, fully and correctly, as required by the registration form on the website
b. have all the registration details up to date, by modifying when needed, in order to keep them correct and complete at all times. If the customer uses information that is not correct or complete, Power Hosting reserves its right to suspend or delete the customer's account, or even to refuse the future use of its services by that customer or user.
6. The Account, Password, Data security
6.1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account. The user is FULLY responsible for the website usage while logged in, regardless whether that is an authorized on unauthorized access.
6.2. If the user notices an unauthorized access/login to the account, the user is required to notify immediately the website administrator about any unauthorized login to the hosting account.
6.3. The user also agrees to use the "Signout" button to disconnect from the hosting account before leaving the website.
6.4. Power Hosting and its employees or collaborators will not be held responsible for any moral or physical damage caused by the incorrect usage of the website or by the user's failure to comply with the terms and conditions.
6.5. Power Hosting reserves its right to suspend the password or account, block service utilization, remove any section from the website or services or prevent the usage of its website and services for any user and for any reason, including but not limited to articles 9.10 and 9.11 of this agreement.
6.6. Power Hosting reserves its right to block, suspend or cancel the customer account, without prior notice, Power Hosting having unlimited permissions to deactivate or permanently delete the customer's account and any related information or forbid any further access to its website and services.
6.7. Power Hosting will not be held responsible by the user or any 3rd party, in any way, for blocking and/or deleting the hosting account or the access to its website and services.
6.8. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Power Hosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
6.9. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Power Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
6.10. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Power Hosting of an issue, we reserve the right to leave access to services disabled.
6.11. Power Hosting reserves the right to migrate your account from one datacenter to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
7. Copyright and Trademark
7.1. All materials, including, without limitation, information, artwork, images, pictures, text, video, audio, programs, and media files (the “Materials”) contained on the Website are protected by copyright laws. User may access and use the Materials for personal and non-commercial purposes only. Any modification or use of the Materials for any other purpose without Power Hosting’s express prior written consent is strictly prohibited. Except as expressly provided herein, any reproduction, republishing, posting, transmission, or distribution of any Material on the Website is strictly prohibited.
7.2. Users must not, without Power Hosting’s express written consent, use any Power Hosting trademark, service mark, or copyrighted material.
7.3. This Website (including all content) is copyright© Power Hosting (including, without limitation, Power Hosting’s parent companies and subsidiaries) and/or its licensors, all rights reserved. All trademarks and logos contained in any and all materials and information are the property of their respective owners. Use of such trademarks and logos are strictly prohibited without the prior permission for use from the rightful owners.
7.4. Power Hosting authorizes the printing of Materials found on the Website for personal or educational purposes only, provided that any and all copyright notices originally included with the Materials are included in any and all copies.
7.5. Any computer software downloadable or otherwise available from the Website is licensed subject to the terms of the applicable license agreement. The downloading of software is at the downloader’s own risk. Power Hosting will not be responsible for any damage to downloader’s system, business loss, consequential, direct, or indirect damages, or damages in general, which has occurred as a result of such downloaded software.
7.6. The Materials included on the Website have been compiled by Power Hosting from a variety of sources, and are subject to change without notice.
7.7. Any site linked from the Website is not under Power Hosting’s control, and Power Hosting does not assume any responsibility or liability for any communication, software, or material available at such linked sites. Links on the Website are not referrals or endorsements of the linked entities, and such links are provided for convenience and/or information purposes only. Power Hosting disclaims any and all liabilities for any representations or warranties made by the individuals and/or entities of such linked sites.
8. Orders, Payments and Invoices
8.1. All the orders can be placed online, on the Power Hosting client's page https://my.powerhosting.com/ . The customers are required to fill the order form with correct and complete information. The domain registration process is compliant with the current laws and regulations. Power Hosting will not be held responsible for any damage caused by the incorrect data used by its customers.
The submitted order will be confirmed by an email message that has the role to inform the client that the order is registered in our system.
Submitting an order and its registration in our system is not yet legally binding for any party. The customer can quit going further and discard the order by not sending a payment for the products in order and Power Hosting can either not accept the order or even cancel the order and refund the payment if that was already sent.
The customer agrees that the email confirmation of the order submission does not represent a confirmation of the order validity, not the validity of the processing of the ordered products or services and is not legally binding.
The ordered products or services will be confirmed and processed ONLY after the payment is sent and the order is verified by the Power Hosting personnel.
8.2. The customer has the obligation to inform Power Hosting while creating the order or soon after, if it represents a company that is EU VAT registered, according to the current EU legislation.
8.4. Once the order is submitted to our website, our system generates and automatically sends a proforma invoice to the email address used in the order form. The proforma invoice contains all the details needed to make the payment and is also available for download in the customer's account in our clients section.
The proforma invoices are issued in EUR for customers outside Romania and in RON for Romanian customers, calculated at the BCE exchange course of the day +2%, based on the EU prices shown on the website and the items on the invoice.
The order is considered accepted by Power Hosting after it was processed in the system, as described at 9.1
8.5. The client is required and agrees to pay the products and services in advance, for the period of time when they are offered.
8.6. All the recurring proforma invoices will be sent by email and a printable PDF file will be available in the control panel in the clients area of our website. The customer should send a payment for that proforma invoice, in advance, at the beginning of every payment period, in 5 working days after the invoice was generated and sent.
8.7. After the payment is sent and received, the final invoice is generated. The final invoices are sent by email in PDF format, according to the current laws and regulations.
8.8. The invoices will also be available for download in the customer's account in the client's area, at the "Financial -> My invoices".
8.10. Account Suspension - We reserve the right to suspend any account after 7 days after the last proforma invoice due date, if that invoice was not paid. Any further delay is at our discretion.
8.11. Account Deletion - We reserve the right to permanently delete all the data in a hosting account or virtual server after 15 days after the last proforma invoice due date, if that invoice was not paid. Any further delay is at our discretion.
If a customer requests resuming the hosting services after the hosting account was deleted, we will check whether we still have a backup copy on the existing backup solutions. If such a copy exists, we will issue an invoice for the same plan that was previously used and we will restore the backup content after the payment is sent.
If the customer does not need resuming the hosting service, and a backup copy of the hosting content is requested, if that is available, we will provide it for a one time fee of €15 (+VAT if applicable), that will cover the storage price, the required data processing and the delivery of the archive through electronic channels.
We do NOT offer any warranty for providing backup copies or for their integrity.
8.12. Payments - All the invoices can be paid by Wire transfer or Online payment solution, such as PayPal or Credit Card. The Credit Card and Wire transfer payments are processed in RON for Romanian customers or in EUR for customers in the rest of the world. The PayPal payments are processed in EUR for everyone.
8.13. Online payments (Credit Card) - are made through a secure system by Netopia (www.netopia.com) and are subject to specific terms and conditions that are mentioned here or on their website.
8.14. The payments for virtual private servers (VPS) and dedicated servers are sent in advance, for the required period. The payment for VPS will be made up to 10 days after the proforma invoice is sent. If the payment is not sent in this period, the server will be shut down and after another 10 days it will be deleted.
9. Domain registration
9.1. Domain registration (or reservation for .RO domains) is done after we receive the payment for the proforma invoice that our system sent for the ordered services, regardless of the type of the domain TLD (.com, .eu, .ro, etc).
Important: A domain, once registered, cannot be deleted or modified, whatever the extension may be. Please be careful when ordering!
9.2. Power Hosting is not responsible for the situation when the domain is already registered by another entity, when the order is accepted and the payment is sent.
In such a case, the client can either ask for a refund or can proceed with registering another domain with the same TLD.
We are not responsible for a payment that is not made on time for the domains that need renewal, which will result in either a re-activation fee or the domain being deleted.
The re-activation fees will be displayed on our website in the domains section, for each TLD.
For the .ro domains, our system will automatically reserve the domain in the moment when the order is sent. These domains are reserved for 30 days at RoTLD, without the possibility of deleting such reservations in that interval. By ordering a .ro domain, you agree with the reservation policy.
If some errors occur during the registration process, we will proceed manually with reserving the domain, when the error is detected. We will not be held responsible for the situation where another entity is reserving that domain, until the manual process is performed.
Configuring the domains to point to the hosting service is done through the use of name servers. These are configured by the client or by the Power Hosting support, at the client's request.
For the domains managed on the Power Hosting nameservers, we offer advanced DNS management through cPanel, only if the domain is associated with a web hosting service.
9.3. For the purchased domains, the customer information is forwarded to the domain registration providers (ROTLD, ICANN, EurID, etc) or to any other international authority that offers domain registration. Power Hosting functions as a partner to such institutions and sends the information provided by the client, during the registration process, to these entities, as required by their terms and conditions.
By proceeding with the domain registration order, the customer agrees with all the terms and conditions of the entities involved in the process.
9.4. The domain registration is done in conformity to the general rules required by ICANN (Internet Corporation for Assigned Names and Numbers). The domain registration provider, depending on the TLD (Top Level Domain), has a specific set of rules of registration and utilization of the internet domains that it offers.
Power Hosting is registering the international domains through its partner ENOM. The clients that are registering, renewing or using international domains purchased through ENOM should comply to the ENOM's terms and conditions https://www.enom.com/terms/agreement.aspx
9.5. For registering .RO domains, Power Hosting offers that option through its partnership with RoTLD (Romanian Top Level Domain) and registering these domains implies agreeing with all the terms and conditions required by RoTLD.
9.6. Power Hosting offers the possibility of registering, renewing and transferring .EU domains, according to the terms and conditions required by EurID (European Registry of Internet Domain Names) and ordering these domains implies the customer's agreement with all these terms.
9.7. Power Hosting offers registration support for international domains through its partnership with ENOM (eNom, Inc. Chicago, IL) in conformity to the specific rules and regulations for each TLD
.COM - https://www.icann.org/resources/pages/faqs-2014-01-21-en/
.NET - https://www.icann.org/en/tlds/agreements/net/
.ORG - https://www.icann.org/en/tlds/agreements/org/
.BIZ - https://www.icann.org/en/tlds/agreements/biz/
.INFO - https://www.icann.org/en/tlds/agreements/info/
.US - http://www.about.us/
.UK - https://www.nominet.uk/resources/policy/policies-rules/#registrationterms
.NAME - https://www.icann.org/en/tlds/agreements/name/
.MOBI - https://www.enom.com/help/faq_dotmobi.asp
.. and so on. The information for most of the international TLDs is available on the ICANN website.
9.8. If a domain that was ordered and paid for cannot be registered for any reason (incorrect or incomplete registrant information, domain unavailability, domain provider requirements that are not met by the registrant, etc), the order will be cancelled and any associated payment will be refunded.
10. Protection of Personal Data
10.1. According to the law 677/2001, modified and updated, regarding the protection of the individuals, related to their personal data and the circulation or availability of such data and of the law 505/2004 regarding processing the personal data in the electronic communication sector, our company has the obligation to safely store and manage the personal data that you provide, for yourself, a member of your family or any third party involved.
The purpose of collecting personal data is providing services and products according to our current offers, but also for registering domains on the behalf of our customers, according to their orders.
You are required to provide the needed personal data for identifying the person that is using the products and services or registers a domain. Refusing to provide that data does not make possible providing any products or services, nor registering any domains.
The personal data that we store will be used by the company's designated operators and will be made available only to the following third parties: national, european or international authorities, based on current laws and international agreements, the companies or institutions involved in domain registration and management (ICANN, ENOM, EurID, RoTLD, etc).
The rules regarding making available some personal data are decided by the following authorities:
For EurID (in the Whois Policy section) https://www.eurid.eu/
EurID requires the domain opener data to be public.
For the domains issued by ICANN and managed by ENOM: https://www.enom.com/terms/privacy.asp
By default ENOM makes the domain owner data publicly available.
ENOM provides a way to hide the domain owner data as a paid service.
Important: by ordering products, services or domains from our website, the client agrees with all the requirements above.
According to the law 677/2001, the client has the right and permission to manage personal data, through our web interface.
The customer also has the right and permission to refuse sharing and processing personal data, but that may also imply the termination of any service that we provide to that customer.
If any of your personal data that you provided during the ordering process is incorrect or incomplete, please log into the clients web interface to update it or contact us as soon as possible.
Anyone has the right to refuse the storing and processing of personal data, for any reason, except providing data to the law enforcement institutions, if they are required, according to the current laws.
10.2. By accepting this agreement, you acknowledge that the personal data that you provide may be transmitted to any national or international authority that has the legal right to request such data.
11. Service providing and Money-back guarantees
11.1. Power hosting offers a 30 day money-back guarantee
The payment for domain registration cannot be refunded, once the domain was registered, because this is managed by a 3rd party and the domain is not a service but an item that the client owns for the entire period that it was ordered.
If the client purchased a domain with the hosting package and also benefited from a discount in the process, including a domain offered for free for a certain period, the refund will not include the domain full value, the discount not being available anymore. The client will only receive the difference between the payment sent for the initial order and the domain's full price at the purchase date.
When a refund is processed, we will subtract any processing or transfer fees from the initial payment. The remaining amount will be sent to the client in up to 30 days from the date when the refund request was received by us.
The client should save all the data in the hosting account before sending a refund request. With cPanel a backup archive can be generated and downloaded. We bear no responsibility for the client's data when we delete the account.
The personalized items are excluded from the refund policy, according to OUG 34/2014, Art 16, paragraph C, mentioning the personalized items and services. Such services are: domain registration, security certificates, services purchased or activated based on an IP address accepting shared hosting, virtual private servers, dedicated servers, etc.
11.2. Any valid payment made after 30 days since the initial order cannot be refunded, if for example the client stops using the product or service before the paid period ends. This also applies to any payments made in advance for longer periods, after the initial 30 days, one of the reasons being that such payments benefit from discounts in most cases. However, PowerHosting can redirect the difference to other services that it provides, at its own discretion.
11.3. The 30-day money back guarantee cannot be offered in certain situations or for certain services. A refund for domain registration, various licenses, discounts or free products offered during ordering is not possible. If a refund is requested for a shared hosting package, the real price of any domain, license or any discounted item, offered and accepted are deducted from the refunded amount. That includes domain names or licenses that are still in the period for which they were offered for free.
The virtual private servers and the dedicated servers have a larger setup cost, which is usually offered for free and the initial payment cannot be refunded, because in most cases does not cover the setup costs. These items also have a high degree of personalization, thus being excluded by the mandatory refund law.
11.4. Optimal functionality and uptime guarantee
If the Power Hosting servers or services have a downtime of at least 1% in a month, the client has the right to ask for and receive another month of that service for free. The value of the compensation cannot exceed the amount of the monthly payment for that service. Such compensations are offered only at client's express request, as Power Hosting services, for a certain period of time. A downtime or degraded functionality, in order to qualify for compensations, should be caused by hardware or software issues or failures that happen inside the Power Hosting infrastructure. This will not apply to external factors that are outside our control, such as other internet or utility providers, gas or electricity suppliers, natural disasters and any other special cases mentioned by the law.
11.5. No compensation will be offered to the clients that violate any of the conditions of this agreement.
12. Service Utilization
12.1. The products and services offered by Power Hosting will not be used to break the law. Any illegal activity is strictly forbidden.
12.2. Power Hosting reserves the right to delete, suspend or block access to any website or service without prior notice if the client or the content is in violation of this agreement. The public access to websites or services is restored after the client will be again in compliance with our terms and conditions.
12.3. If one of a reseller's accounts is in violation with this agreement, we reserve the right to suspend that account immediately, without prior notice to that reseller. The end-user will NOT be contacted by us, but by the reseller (which is our direct client), to be informed about the suspension reasons.
12.4. Space utilization
For hosting services or accounts where the disk space is described as unlimited, the disk space can be used for active content, used for the website (HTML files, documents, scripts, images, multimedia files, emails) or have a direct connection with the website activity. Is not allowed to store objects for file sharing, torrents, mass downloads and very large files that have nothing to do with the associated website or service. If we detect a disk space usage abuse, we reserve the right to limit the available disk space to a certain value, according to the service that is used. Deciding if or in what way a disk utilization is considered an abuse is at our discretion.
12.5. Our servers and services will NOT be used in any way for transmitting, storing or publishing illegal materials (according to the Romanian, European Union or United States of America legislation).
Such materials include, but are not limited to:
- Copyright infringement or any other reserved rights of any entity
- Materials or links to Movies, TV channels, mp3 files or any media format that is protected by copyright laws
- Promoting or facilitating illegal activities (hacking, cracking, warez, etc)
- Material protected by trademarks or similar
- Threats, abuse, harassment, calumny
- Materials that promote or encourage hatred or discrimination
- Adult content, nudity, pornography, images or text with sexual or obscene content
- Child abuse of ANY kind
- Information or software about or containing viruses or trojan horses
- Collecting personal data for illegal purposes (phishing)
- Display and share personal data of other people without their written consent
- ANY data or page content that we consider inappropriate or illegal
12.6. Pornography, nudity or any other materials with sexual, erotic or obscene content, links, redirects or any other connections to such external content are forbidden on our servers and services. Power Hosting reserves the right to decide the compliance of such websites or content with the law and its terms and conditions or to suspend or delete access to such content.
12.7. The utilization of the following items is forbidden on our servers:
- Proxy or IRC software or scripts
- Torrent trackers or related
- Scripts for tracking, crawling, monitoring or creating statistics of external websites
- File sharing
- Sexual, Erotic, Adult
- Mass redirect scripts or URL shorteners
- PHPShell or similar scripts that allow executing commands remotely
- FormMail or similar
- Chat, Live Support or similar, that are related to illegal activities
- Items containing known security holes
- Scripts or websites that promote or distribute illegal or copyrighted content
- Streaming software or streaming proxy
- SPAM scripts or websites
- Software that are running in background for long time, except the ones that we explicitly allow
13. Message Delivery Policy
13.1. Sending bulk email messages, for marketing purposes, or for any other reasons, one time or periodically, has to respect certain conditions that we decide and periodically change. Such email campaigns can be operated only by using email lists where the recipients personally subscribed to, with the express accord to receive such emails (according to the law 365/2002 Art 6, paragraph 1 and 2) and ALL the messages should include the unsubscribe process. Any complaint received on this matter will be investigated and we will take all the necessary measures.
13.2. Requirements for bulk email messaging:
- An email marketing campaign is allowed only if the client has a dedicated IP address.
- Sending messages to an email address list larger than 2000 email addresses, requires a dedicated solution, such as a virtual private server or a dedicated server
- Bulk messages can only be sent in the interval 21PM - 6AM UTC every day, or in other intervals agreed with us.
- Sending messages should be distributed in time, so that the sending rate is not larger than 100 messages per hour (in order to avoid IP blacklisting), except other limits agreed with us.
- Bulk email messages will be sent ONLY by connecting and authenticating to a SMTP server.
- Using scripts such as the PHP mail() function without SMTP authentication is forbidden.
- The email addresses mentioned in the Return-Path, From or Reply-To headers have to be valid and be able to receive messages (properly configured, enough disk space, etc).
- Buck messages can be sent only to individuals that explicitly agreed to receive such messages.
- Archiving and keeping secure the email lists and any personal information, along with date and hour of the client subscription to that list, the client's IP address and any other data.
- Each bulk message will include the real and complete information of the Sender and each message will include the possibility of unsubscribing from the list. Any unsubscribe request will be processed properly.
- The bulk email lists will be maintained on a daily basis. Please make sure that you have the necessary resources for such activity.
13.3. Any complaint on this matter, that will be confirmed by investigation, will lead to the immediate suspension of that hosting or reseller account, without prior notice.
14. Anti-SPAM Policy
14.1. Sending unsolicited messages (generally called SPAM) from our servers OR for promoting services or websites hosted on our servers, will result in limiting the email hourly rate or even suspending or deleting the abusive account, without any compensation, according to the type or recurrency of terms violation.
14.2. A message can be considered SPAM if:
- Contains the phrase "This email cannot be considered SPAM..." or anything alike
- The informations of the Sender are incorrect or incomplete
- The Sender cannot prove that a certain recipient subscribed and agreed to receive such messages
- The unsubscribe process is not simple, clear or does not work as expected
- The email list is received or purchased from a third party, with or without an invoice
- The messages are sent through other routes, but promote or refer to a website or service hosted on our servers.
14.3. Any complaint on this matter, that will be confirmed by investigation, will lead to the immediate suspension of that hosting or reseller account, without prior notice.
14.4. At the first violation of these terms related to sending unsolicited email (SPAM), as described in this agreement, the outgoing email rate will be limited or the account will be suspended. Removing the limits or account unsuspension, will be done only after you send to Power Hosting by fax or to our public contact emails, a signed statement with the correct date and official stamp (for companies), that will contain the text "I have read and I agree with the email sending policies, as described in the Power Hosting Service Level Agreement.", accompanied by a copy of the client's ID or a copy of the registration certificate for companies.
14.5. Using online or web forms for sending emails will be done only through secure scripts and interfaces that require authentication and also have anti-bot systems, otherwise such websites or interfaces will be deactivated or the associated hosting account will be suspended.
15. Resource Utilization
15.1. Excessive resource usage is forbidden for the shared hosting accounts. In order to ensure a good functionality of our services, a web hosting account's (and its associated websites) resource usage should remain within the limits of the ordered hosting plan.
15.2. All hosting accounts are monitored in order to track the resource usage on each server. Each account has a resource buffer that it can use, over its limits, but if such a buffer is forced constantly, we will contact the client to discuss this matter and offer other solutions. If the hosting account uses or requires more resources (memory, CPU power, DB resources shown by slow DB requests) and that affects other clients on the same server, the offending account may be suspended or the resource eating script or software may be stopped without prior notice, in order to maintain the server stability. In the Shared Hosting or Reseller packages we will not accept users with very large resource usage, that would affect the other users on the same server. Power Hosting is permanently overseeing the user compliance with all these terms, by actively monitoring the resource usage.
15.3. The customers can ask for a higher hosting plan or even a temporary increase in the resources that their account can use. It is the client's responsibility to contact us and let us know in a timely manner, to proceed with a resource increase, in order to avoid a possible account suspension. In most cases, the resource usage is automatically limited by our systems, but sometimes the accounts can be suspended manually and that also requires a manual access restore.
16. Restrictions, limitations and updates
16.1. Power Hosting is updating periodically the core automated systems or software (Examples: operating system, cPanel and its additional software, PHP, MySQL, FTP, Apache, Litespeed, etc) to the latest stable versions available.
In some situations or from time to time, it is possible for certain functions or software to be replaced or completely taken out of use, in order to address various security issues or errors and keep our systems and services in a good condition.
16.2. We reserve the right to impose hardware and software limitations for the Power Hosting services, without prior notice, in case of security risks or degraded performance, in order to maintain the stability of our systems and services, even though this can lead to temporarily or permanently blocking access to our resources.
16.3. If Power Hosting finds an account that is used for illegal activity or contains illegal content or any material that can be used for illegal activities, either by monitoring or reported by 3rd parties, that account and the associated services will be limited by restricting access or even suspended. Power Hosting will notify the client and will send details with the illegal content, links or software found inside the hosting account. It is also possible for illegal content to be uploaded and used by attackers or hackers who exploited a vulnerability in the website or a weak password. Either way, the client should remove the offending content before the services can be used.
16.4. Automate protection against Malware and Viruses
Power Hosting uses special software for detecting attacks, and malware/virus infections. These software are constantly scanning the accounts and their activity, in order to prevent such attacks or infections.
The infected files detected by our systems are immediately moved to quarantine, for protecting the account and the visitors that are accessing the infected website. Usually this automatic action is not visibly affecting the websites, unless important website files are infected (Ex: index.php).
The clients are encouraged to notify Power Hosting immediately, when they notice unknown dysfunctions, so that we can verify whether they are caused by malware infections. If infected files are detected, Power Hosting will provide to the client a list with the files moved to quarantine.
The quarantined files are kept 30 days on the server and then deleted automatically.
16.5. Mail redirection from our mail servers to certain free email providers, such as Yahoo, Gmail, Hotmail, etc is forbidden and blocked on our servers. We reserve the right to block, or delete any such redirect, because of the policy of these providers to block the originating server IP that is using such redirects (they may be easily marked as spam).
16.6. PHP limits and disabled PHP 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
Limits for the Entry Plans:
Limits for the Business Plans:
Limits for the Extreme Plans:
16.7. The email messages sent from our servers are limited, according to the following aspects:
- Messages sent through sendmail without authentication, function mail(): 50 / day
- Messages sent through SMTP: 100 / h
- Messages sent through SMTP (with DEDICATED IP): 200 / h (on request)
- Messages sent through sendmail without authentication, function mail(): 100 / day
- Messages sent through SMTP: 200 / h
- Messages sent through SMTP (with DEDICATED IP): 400 / h (on request)
- Messages sent through sendmail without authentication, function mail(): 150 / day
- Messages sent through SMTP: 300 / h
- Messages sent through SMTP (with DEDICATED IP): 600 / h (on request)
NOTE: The message headers sent without authentication, with function mail(), cannot be overwritten!
NOTE: If not provided by default, the DEDICATED IP can be purchased separately for each hosting package (cPanel account)!
16.8. MySQL limits
Entry plans and reseller created plans:
- MySQL Remote Access - Not Available
- max_allowed_packet = 16M
- max_user_connections = 20
- database size limit: 1024M
- table size limit: 128M
- records_per_table limit: 50.000 rows
- MySQL Remote Access - On Request (Default - Not Available)
- max_allowed_packet = 64M
- max_user_connections = 50
- database size limit: 8192M
- table size limit: 512M
- records_per_table limit: 200.000 rows
- MySQL Remote Access - On Request (Default - Not Available)
- max_allowed_packet = 128M
- max_user_connections = 100
- database size limit: 16384M
- table size limit: 1024M
- records_per_table limit: 500.000 rows
NOTE: For very large or intensely used databases, a dedicated solution may be required.
17. Special conditions for dedicated servers and VPS
17.1. The payments for VPS and dedicated servers are non-refundable, because they are considered customized services that require work to prepare and set up.
17.2. The servers that are purchased without a management plan are the client's responsibility to handle and manage.
17.3. The clients are fully responsible for backing up the content of their dedicated or virtual private servers, Power Hosting is neither offering backup services for a server nor providing any guarantee for its data integrity.
17.4. The payments for dedicated or virtual servers are made in advance. Such payment should be made until the due date written on the proforma invoice. If a payment is not received until that date, the server will be shut down and after another 10 days it will be deleted, including any data inside.
17.5. The promotional VPS service, when offered, is available only for companies, not for individuals.
17.6. The dedicated server and VPS are to be used only for legitimate and legal activities (hosting, websites, enail, applications, etc); using the servers for game servers, IRC applications, etc, or any other undesired activities mentioned above in this agreement, is forbidden. If you are not sure whether the activity that you want to have on the servers is allowed or not, it is recommended to contact us for more information.
17.7. The service will be suspended without prior notification if the servers are used for any kind of attack, especially flood or DoS.
17.8. The service may be blocked without prior notification if the server receives an excessive amount of attacks (flood), especially if the applications on the server can easily make such attacks possible.
17.9. The dedicated or virtual private servers can be subject to dedicated monitoring and management services, only if they are part of a "Managed Servers" plan or if such management services were ordered separately. Such management services are not included by default.
18. Technical Support Terms
18.1. The technical support service is a "Best Effort" service type. Power Hosting does not offer any guarantee regarding the response times or the resolution times for the requests sent to our support system.
18.2. The technical support is offered for:
- using the web hosting services
- using the email services (we do not offer support for setting up email clients, such as MS Outlook, Mozilla Thunderbird, iPhone mail, Android mail, etc)
18.3. The technical support is NOT offered for:
- creating or managing web pages
- using mail software
- checking or fixing website errors
- the software that we make available for free to our clients (Ex: SiteBuilder, Softaculous, etc)
Most of the information that is not part of our technical support is available online.
18.4. Paid technical support
Power Hosting may offer paid support, at a client's request, for specific technical situations, exclusively related to the service hosted on our servers.
The service of installing SSL certificates is offered for a fee, is available exclusively for websites hosted on our servers and does not include any necessary website level settings. The website changes are strictly the client's responsibility.
19.1. The clients have the responsibility of saving periodic backups of their data, that is stored in their hosting accounts, locally on their computers or other remote storage options. For this purpose, cPanel is offering backup tools that generate archives containing all data (files, databases, email messages) along with the hosting account settings. Such tools can be used manually or automatically, through FTP, phpMyAdmin, FileManager, etc. The customer should make sure that they have enough free disk space in their hosting account, in order to be able to generate the backup archives, that they are downloaded and saved on a different secure location and that the archive/data integrity is properly verified.
19.2. The internal backup system of Power Hosting is configured to use multiple storage options that can be different for different servers or hosting plans. Data redundancy is ensured by using RAID arrays, the hosting accounts are backed up daily, on dedicated local storage mediums and/or remote storage servers, through dedicated backup options, that can be used only in emergency situations, hardware failures or disasters.
Even though we constantly upgrade our technologies and invest in multiple resources, we do not offer any guarantees for the data integrity or data backup. Because there is always a small probability of partial or permanent data loss, the clients are responsible to periodically backup their data on different storage locations of their own.
19.3. The hosting accounts backups, that we save on a daily basis and store on dedicated storage options, through the cPanel's dedicated backup system, have multiple versions (restore points). The customers have access, in their cPanel account, to these backups, for restoring or downloading them.
At a client's request, we are willing to offer backup archives that we may still have in our backup locations, but we offer no guarantees for that or for the data integrity if an archive is provided. The clients are fully responsible for backing up their data and saving those backups on a different location.
20. Client's responsibilities
20.1. The client has the obligation to update the contact information and has to use a valid email address in the control panel account, the billing account, as many times as needed. Power Hosting is not responsible for any failure of communication or any confusion related to incorrect client data.
20.2. The client is responsible to secure the login information (username, password, etc) or any other sensitive data, such as: the access to the hosting plan, client's control panel, credentials for any website or software used. If there is suspect activity detected, the client should modify or request for help to modify the authentication details, by contacting our customer service, as soon as possible.
20.3. The clients are responsible for securing their content that is hosted on our servers. If that content is compromised in any way (infected with viruses, malware, backdoors, phishing, etc), the clients are fully responsible to clean up and secure their content. Power Hosting does NOT have any responsibility for securing or cleaning the customer content, even though we may take action if the problems caused will affect our servers.
20.4. The access history (access logs) is processed on a daily basis by the server and automatically deleted. If the access logs are needed, the client can save the access logs by using the cPanel function for logs management. The access logs contain connection data, such as the IP address of each website visitor, through HTTP,HTTPS or FTP.
20.5. The client has the obligation to keep updated all the software used/installed in the hosting account. Most importantly, the client has the obligation to update all the scripts used in up to 24h after Power Hosting was specifically requesting that. If that won't happen, Power Hosting reserves the right to block access, suspend or even delete the client's content without other notification.
20.6. The client guarantees that all materials of any type that are uploaded and present in the hosting account are legally owned or there is a legal permission to use. The client is fully responsible for any used content and Power Hosting has no liability on this matter.
21. The communication with the Power Hosting clients
21.1. The communication with the clients can be done by email, FAX, phone (voice or SMS) or other channels, by using the personal info provided when the client ordered a service or added later.
21.2. By ordering and using our services, the client agrees to receive from Power Hosting any information regarding the service, invoices, payment notifications, account suspension messages, compliance notifications or any other notifications related to the Power Hosting activity, through any channel described above.
21.3. The communication with our clients will be related to the services provided by Power Hosting and used by the client and will not have other purposes, such as advertising, unless the client agrees with that type of communication.
21.4. We will take into consideration the requests regarding providing data, resetting passwords, data modification or service cancellation, only when such requests are sent through communication channels that are present in the client's billing account, as an identity confirmation of the person making the request.
21.5. If the email address associated with a client's account are not valid anymore, at the time when the client requests any sensitive data or actions, or if the request comes from a different email address, Power Hosting will require a copy of the identity card and/or the company's registration certificate, along with any other proof considered necessary, in order to identify who is making the request. In this process, we may also ask for a signed/stamped request from the client or the entity that the client may represent.
21.6. The client understands and agrees that, in the situations described above, has the obligation to provide any document Power Hosting asks for, otherwise the client's request can't be addressed.
21.7. The documents requested by Power Hosting will be sent as a signed or stamped copy, which will confirm that it is a certified true copy of the original.
21.8. The client has the full responsibility for the provided documents and Power Hosting has the obligation to check the correctness of the information sent by the client, while we won't verify their validity or legality, these being the client's obligation.
22. Limitation of Liability
22.1. Power Hosting will not be held liable for any damage caused by temporary service or server failures, no matter what is the cause of such failure. This includes and is not limited to any data inconsistency or data loss. The client agrees to not hold Power Hosting liable for any related or subsequent effects on associated items or third parties.
22.2. Power Hosting is offering technical support to all clients, in order to ensure a good functionality of its services.
22.3. Power Hosting is not responsible for providing history/access logs to the clients, that option being available in the cPanel account for each client.
22.4. Power Hosting does not offer technical support for the software or scripts installed by the clients in their accounts.
Power Hosting reserves the right to stop providing, without prior notice, any free script that is offering now, such as RVSitebuilder, Softaculous, etc
The technical support services are offered only to the existing Power Hosting clients.
22.5. Power Hosting is not responsible and cannot be held liable for providing the client's personal info to third parties, that are related to the situations described in the section "Domain registration" of this agreement and the client understands and agrees that, without providing and displaying some personal information, a domain can't be registered.
22.6. Power Hosting is not liable for, but not limited to, the following situations:
- the client's website was blocked or reported as spam source
- the client's account was suspended for malware or virus infections that can affect the server or other clients
- the client's resources are used to run or promote illegal activities
- the website access is blocked because of hardware or software issues
- one or more corrupt or missing files cause service or website unavailability/downtime, etc.
In all such cases, Power Hosting will answer in the limits of the terms and conditions mentioned in the section "Service providing and Money-back guarantees" of this agreement.
Power Hosting shall not be responsible for any damages your business may suffer. Power Hosting makes no warranties of any kind, expressed or implied in its services. Power Hosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Power Hosting or our employees.
22.7. The client understands and agrees that Power Hosting answers and has responsibility only in the limits of the terms and conditions described in the "Service providing and Money-back guarantees" of this agreement, any other liability, of any kind, not being assumed or agreed by Power Hosting.
22.8. The client agrees that in the situation when Power Hosting is threatened with a lawsuit, by a third party, we can ask the client for a written declaration that will represent legal support for Power Hosting. If such declaration of support is not provided, that may be considered a breach of agreement and can result in the hosting service(s) suspension.
22.9. The client understands the obligation to to stay informed, to accept the registration terms, the terms and conditions of the Power Hosting's partners, that are involved in the domain registration process, local or international, Power Hosting being only an intermediary between the client and the partner. In these situations Power Hosting is not responsible and cannot be held liable for any partner's terms and conditions or any restrictions, requests, damage, data loss, personal info disclosure, money loss, or any other kind of loss, incomplete or incorrect info transmissions, caused by restricted or broken connections, bugs or errors of any kind, unauthorized access, or any other interactions with the ordered service, or through Power Hosting, with a service provided by a partner.
23. Final dispositions
23.1. If for any reason you are not satisfied with the products and services that we provide, please contact us and send the details of the problem, so that we can try finding a solution.
In the situation where we can't address or resolve the problem that you experience and you decide to stop using our services, please let us know. If you have an advance payment sent to Power Hosting, you can choose to use it for a different service that we offer, for the amount that was paid. The payments sent in advance, excepting the shared hosting 30 days guarantee, cannot be returned (Ex: domain registration, VPS, dedicated servers, licenses, SSL certificates, ID Protect or any related services).
23.2. We will use all the resources necessary for investigating any act of violation of our system or network security and we will cooperate with the competent authorities in case of illegal activities. The clients that breach the current agreement, can be held legally responsible.
23.3. If a hosting client or a reseller, that has multiple accounts and plans, is suspected of breaching this agreement, in a way that we consider to be really serious, we reserve the right to suspend all the accounts associated with that client or reseller, until the matter is sorted out.
23.4. Power Hosting is solely responsible for determining what is considered a breach of the terms and conditions of this agreement. Not complying with any of these terms and conditions can be a reason to suspend or deactivate your account.
23.5. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Romania and, as an European Union member, by the laws enforced by EU. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any conflicts between the Clients (users) and Power Hosting, will be resolved in an amiable way. If this will not be possible, the conflicts will be handled by the Court of Commercial Arbitrage, associated with the Chamber of Commerce and Industry of Suceava, according to the rules of arbitrage of this Court. The decision of this court will be considered definitive and binding.