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Terms of Use (TCU)


Contracting Parties

This document is the Supply Contract DNS hosting services, hereinafter referred as TCU. This TCU is concluded between the Beneficiary and CAMSCAPE SERVICES LLC, with headquarters in Bucharest, no. reg. ORC J40/10638/1996, VAT RO9030528, work in Bucharest, sector 1, Str. Petru Poni no. 14A (hereinafter referred to as Provider) as a DNS hosting provider.

All provisions and clauses of the Contract, the contractual freedom under law have been established by agreement between the beneficiary and the provider, and in compliance to the law.

Provider reserves the right to modify, alter, remove or add terms and conditions in TCU, including but not limited to: terms, fees/charges applicable operating policies, usage/behavior of the customers regarding the Supplier's employees and Supplier's image. The Supplier may benefit from this right without prior notice or notices. Regardless of previous communications or notices, continuity in using the services is the Beneficiary's consent. Regularly check the changes in TCU, and accuracy of data provided by the Beneficiary are entirely the responsibility of the Beneficiary.

Completing the New Account form and ticking the box I read the terms and conditions and agree with them include:
a. It is a guarantee that the Beneficiary is an individual older than 18 years, who signed for his own use or for use by legal entities he/her represent.
b. Beneficiary agrees to provide accurate information in the order form, clear and real, including any kind of information necessary for proper development of the contract, and undertakes to correct and update such information permanently.
c. Represents and warrants that Beneficiary has the authority to use the services according to TCU.

If the Beneficiary does not agree with any of the provisions of the TCU, the only option is to notify the Provider in terms of unilateral termination of the TCU. That option implies for the Beneficiary giving up using the Provider's services.

Subject of contract

Subject to Contract is providing DNS hosting services, referred to as the Service.

Service value and payment terms

The Provider will issue pro forma invoices on which the Beneficiary to pay for the contracted services. Frequency can be monthly or annual bills and is the choice of Beneficiaries, following notification by the Provider. Payment made is non-refundable, even if the Beneficiary prior to quit hosting services.

For Romanian Beneficiaries, the payment is made in RON at the BNR exchange rate of the day pro forma invoice. For other beneficiaries, apply EU laws.

In case of default, the Provider has the right to discontinue service without notice. The suspension means the termination of the Service and/or permanently delete the account together with all related information on Provider servers. Decision on the form of termination of services belongs exclusively to the Provider. The unpaid services provided, the Beneficiary expressly disclaims to other rights and legal protection.

The Provider may change at any time hosting service charges, or determine any basis on which to establish any new tax or fee. In case of renewal prices can be changed without any prior modification.

Contract period starts from the date on which services to Beneficiaries has been activated, and remains valid for the period selected by the Provider.

Termination

May terminate the Service Provider contracted by the Beneficiary immediately, irrevocably and without notice, if: a. The Beneficiary has not complied with, violated or improperly treated TCU, including the Provider or any other regulation has not complied with the applicable Romanian law.
b. Beneficiary has provided false registration information.
c. The Beneficiary has not complied with conditions regarding accuracy, clarity and validity of data recording.
d. Beneficiary has not responded communications sent to the email address declared at registration.
e. Beneficiary is engaged in illegal or fraudulent activities, or a representative/employee of the Beneficiary, a partner (legal or natural person) or a representative/employee of a partner is involved in a personal or legal representative in activities that prejudiciezae Provider's rights or reputation.
f. Beneficiary has not paid the amount of contracted services.

Any termination of the services offered by the Provider has immediate applicability. The Provider may optionally notify the Beneficiary of termination of the Service provided.

Additional terms mentioned above any party may terminate this Contract if:

g. any party does not comply with the terms and conditions hereof and not making all the necessary diligence to remedy the situation occurs during 30 days of receiving notice from the other side, unless the defaults, and not honoring the obligation for 5 calendar days upon notification from the Provider.
h. other party is declared insolvent and wound up running action.

If one of our country or international authority argues that criminalizing this TCU and solid service, bringing harm to the rule of law, Provider may suspend the service without any corresponding obligations.

If the Provider only suspend a part of the Service as a result of reliance on the TCU, it does not suspend the Beneficiary's obligation to pay charges in full. If Provider suspends the entire service, Beneficiary is obliged to pay fees associated with the use of the Service by the date mentioned in the registration agreement, and applicable fees before the suspension period.

Beneficiary expressly disclaims the rights and legal protection and other conditions that might be in conflict with the terms stipulated in the TCU.

Information Property on the Hosting Account

Access to Provider's servers hosting account is via a username and password. Beneficiary agrees to keep this password confidential.

The Beneficiary is responsible for maintaining security on their own and is fully responsible for all activities that take place in their account and any actions undertaken in connection with domain names registered in the account, including those of users email addresses from those domains or actions of partners (their legal representatives or employees) employed in making/maintenance and/or promotion of any components that include or refer to those domains.

Beneficiary agrees to notify Provider of any unauthorized account or other breach of security. Provider assumes no responsibility for any loss or damage which occur from a situation that Beneficiary can fix. Beneficiary acknowledges and agrees that under no circumstances, the Provide shall not be liable in any way for actions or omissions Beneficiary or the users of hosting account which Beneficiary allows access, even if damages in any way by reason of acts or omissions from them. If some money shall be payed by way of damages or fines, and not only, the Beneficiary will be obligated to pay these sums of money, not the Provider.

Beneficiary or partner or partners whose representatives she/he has shared hosting account cannot use the provider's network to try to avoid authentication or security of any host themselves, network or any account. This includes, but is not limited to, accessing data not intended for customer, logging into a server or a client account for which it is not authorized access, password cracking, checking the security of other networks looking for weaknesses, or violation of other organization's security policies.

Beneficiary or partner or partners whose representatives she/he has shared hosting account are not allowed to try to prevent or stop service to any user, host or network. This includes, but is not limited to the type of denial of service attacks, mail bombing or other deliberate attempts to block a host or network. Provider will cooperate with authorities investigating other violations of systems or network security sites, including the authorities investigating crimes. Users who violate systems or network security may be held liable in civil or criminal.

Using the Service

All services provided by Provider can be used for lawful purposes only. It is not permitted to transmit, store or present information, data or materials which violate international and Romanian laws using Services provided by Provider.

Any account that uses a large part of the Provider servers (for example, without being limited to: CPU, memory and network resources) may be suspended without notice.

Beneficiary agrees not to involve Provider in any requests or complaints arising from the Service who causes damage to the Beneficiary or other parties.

Provider reserves the right to temporarily or permanently modify or discontinue the Service (or any part thereof) with or without notice at any time. Beneficiary agrees that Provider is not liable to the Beneficiary or to other parts of any changes, suspensions or interruptions of Service.

Disclaimer of Liability

Beneficiary understands and agrees that:
a. Use of the Service is at her/his own risk, the Service is provided AS IS. Provider assumes no responsibility and give no warranties of any kind, either explicitly or implied, including but not limited to, warranties of regular trading.
b. Security mechanisms to ensure effective service functions have limitations inherent being the responsibility of the Beneficiary to evaluate if this risk is appropriate.
c. Provider does not warrant that the Service fits the requirements of the Beneficiary.
d. Provider does not warrant that the Service will operate uninterrupted, secure or error-free.
e. Provider does not warrant that results from the use of the Service will be faultless and reliable.
f. Provider warrants that each and every system that provides service error will be corrected. g. No advice or information, whether oral or written, obtained from the Provider by the Beneficiary, does not create any warranty not specified in the TCU.

The Provider will make great efforts to maintain the Service, however, the Provider is not liable for damages, loss of data, customer details or details of the seller, income or other damages caused to the Beneficiary or other parties by Service malfunctions, errors of the system that ensure functionality of the Service, or any other interaction with the Service.

Limiting liabilities

Beneficiary understands and agrees that Provider, its affiliates or other partners, and any individual within it are not bound for any direct, indirect, and any other nature damage resulting from:
a. The use or inability to use of the Service
b. Errors, defects, omissions, delays in operation or transmission or any other irregularity of the good functioning of the Service
c. Unauthorized access or alteration of Beneficiary's transmissions and data
d. Any other situation related to the Service or system that provides Service functions

Applicable law and force majeure

Governing Law TCU and the relationship between the Beneficiary and Provider will be subject to Romanian law.

Except for the obligation to make payments, neither party shall be liable for any failure or delay in its actions or inactions of these TCU covered if they are due to causes that no control such as (but not limited to they) acts of war, governmental acts, interruption of Internet connection (which does not result from actions or inactions of the Provider), natural phenomena, earthquakes, embargoes, sabotage, labor disputes. These cases of force majeure:
a. The other party must be notified promptly
b. That part of the force majeure shall use commercially reasonable efforts to correct promptly any malfunction or delay

Final clauses

TCU is an agreement between Provider and Beneficiary and will govern the use of the Service, being the Contract signed between the Beneficiary and Provider.

If any provision of the TCU or any other documents incorporated by a competent institution is proven to be invalid, the parties agree that this institution should take into consideration the parties' intentions as reflected in the provision, the remaining provisions remain in force.

Beneficiary agrees that, notwithstanding other law or statute, any claim or cause that is apparent from these terms or related to use of Services or the TCU must be filed within one year after it was built or request will always be ranked.