Telephone at: +40770-644.428
Fax at: +40364-819.957

Terms of Service (ToS) Agreement

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and the Acceptable Use Policy (“AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

The following terms constitute an agreement between you and us. These Terms of Service govern your use of the services provided by us (the “Services”).

By using the services you signify that you agree to these terms of service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Romania any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

We agree to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. We reserve the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of us.

Our Terms of Service and AUP are both subject to change at any time and without notice at our sole discretion. A change in policy shall not be grounds for early contract termination or non-payment.

All services presented on this website are payable through any payment gateway that is in contract with us, we constantly strive to find better payment solutions both for you as a client and for us in order to provide a better service. The services include but are not limited to any VPS, dedicated or colocated server, any special software licence, any extra ip service for connecting to your other services, any other services presented in the website.

We use a separate industry leading billing and complete customer care platform with which you will be able to access your services and any details regarding these and you will be able to access and pay for your contracted services with a debit or credit card and any other payment methods that are advertised on the website.

We do not process cards directly, nor do we store any credit card data. All card transactions are processed by specialised and accredited partners.

Non-Payment

Services interrupted for non-payment may be subject to a reactivation fee equivalent to 50 €. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to our sole satisfaction. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date.

Data

We are not responsible for data integrity, unless you have purchased an offsite backup addon. We strongly recommend keeping up to date and off network backups to protect against data loss. We do not perform data backups of any kind unless your service is protected by our offsite backups.

Refunds

Shared and VPS hosting services rendered by us are eligible for a refund within 7 days of your service being activated. This guarantee does not cover domain or license purchases. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to us within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by us, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of the equivalent of 200 € in addition to original amount of funds which were reclaimed.

Suspensions

In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. We assume no liability for the integrity of the data stored on a suspended server.

Cancellations

We require a fifteen (15) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A fifteen (15) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at our sole discretion. All information available to us about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within Romania, or abroad.

Disclaimers of Liability

We provide the services “as is”, “with all faults” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. we and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a representative from our company shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the services at your own risk.

Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall our, our affiliates’ and our suppliers’ aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees, if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Spam/Bulk Email Policy

We do not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If we receive an abuse complaint or otherwise become aware of abuse-related activities from our networks, we will identify the server the abuse was initially sent from (via IP), create a comprehensive list of the abuse complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail.

DMCA Complaints

We handle any and all Digital Millennium Copyright Act (“DMCA”) complaints very seriously, and will thoroughly investigate each complaint received. We reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

Support Boundaries

We provide 24×7 mail support and telephonic support during the working hours(09-17 CET) to all eligible customers using the customer management system. All services and servers offered by us are unmanaged; We only ensure that the service is up and running. We do NOT offer support for application specific issues. If you don’t remember your login details for the customer management system, you may contact us at the contact data displayed on this website.

  

Acceptable use policy

You will be held responsible for all actions performed by your account whether done by you or by others using your account. If server security is compromised, the account holder is responsible for all violations of our Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

The following terms constitute an agreement between you and us. This AUP governs your use of the services provided by us (the “Services”). By using the services you signify that you agree to this AUP.

Liability

The client is responsible for individual server security. We disclaim all liability for server content.

Network Misuse

All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by us, and an appropriate course of action shall be taken as determined by us in our sole discretion. Proper use of public network must comply with all local, provincial, and federal laws. Clients assume full liability for all content which they place on the server.

Forgery

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Sabotage

Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons(includes but is not limited to DoS/DDoS attacks).

Network Security

Clients are required and obligated to maintain all security on their hosting accounts. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy

We do not monitor the content on our servers. The content will only be reviewed upon complaint. Content that does not violate local, provincial or federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by us, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

Blacklist Policy

If any client or any third-party user that is a customer of our client uses our services, network, or the physical infrastructure in a manner that causes us, or any IP addresses issued by us to be “blacklisted” or “blocked”, we reserve the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or our physical infrastructure. Operating our services on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses

All IPs addresses issued by us are our property. Clients retain no ownership rights to any IP addresses issued by us. Clients may not transfer IPs from us. Any client purchasing over 16 IP addressed in addition to their hosting may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired.

IRC

IRC Usage shall be allowed unless such usage is abused or creates or enhances any type of problem(s) with our services or network. It is also deemed a violation of this AUP if it is determined that IRC is the cause or root of a service interruption to other users. Clients may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. If a client’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or deny service to other clients or users, then we may null-route, filter, suspend, or terminate that client’s service.

Bittorrent/P2P

We allow the use of both Peer to Peer as well as Bit Torrent, but we do not permit the transfer of illegal content.

Bandwidth Usage

In order to maintain a secure and stable network, you acknowledge that the usage of network bandwidth resources may be monitored and limited if there is a possibility of affecting other customers. This limiting will be made in accordance with the acquired plan by you, the client. You will get what you paid for.

Adult

We allow legal adult content on all of our services except otherwise stated in certain datacenters.

Law Enforcement

We may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. We will notify the client of the information request as allowed by the subpoena.

Violation Claims

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by us, including without limitation the customers, clients and other users of our clients.

We reserve the right, at our sole discretion, to refuse new service to any individual, group, or business. We also retain the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

Privacy policy and personal information

Protection of the privacy of our customers and visitors of our websites is a priority and a commitment for us. We believe that protection of your personal data is fundamentally important for the operation of our business. All personal information is held securely and is treated with care. TopXen complies with government privacy laws and requirements of the Romanian and European Union.

We have databases with personal information regarding our customers, including but not limited to: transactions, contact details, payment information, invoices and ordered services but this information is stored solely for our internal business processes. We will not share this information with other third parties, unless required by court order.

Browser infomation and IP address

General information about visitors that come to TopXen website is stored in our databases. This information is primarly used to generate statistics about the country of origin, operating systems, internet browsers and any other information that can help us improve the site and the user experience for our visitors and our customers, and our business as well. We do not save any information that can be used to directly identify a visitor or customer. We store a cookie for the above purposes and for keeping track of a login session between visits.

Credit cards

The security of your credit cards is handled by the payment gateways PayPal and Moneybookers and your credit card data doesn’t reach us. We do not store any credit card details in our database.

Your email address

Your email address may be used to notify you of maintenance, invoices, payment information, alterts, new services, or other important announcements. We don’t share your email address with other parties and we don’t have the intention to spam you.

 

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