Terms and conditions

Last update: 11.04.2023

1. Definition of terms

1.1. These terms of use of the ZOOKU Hosting Service are signed between You (your, yours) and S.C. Zooku Solutions S.R.L (hereinafter referred to as Zooku) and is the latest version of TC (Terms and Conditions). Usage of the hosting service and the domain name purchase is the subject of these Terms and Conditions (TC) and all documents included in the references.

1.2. Zooku reserves the right to modify, change, remove or add terms and conditions to this Regulation, including, but not limited to: Terms, applicable fines / operating fees / usage policies. Zooku can benefit from this right without notice or prior notice. Regardless of prior notice, the continued use of the services is your agreement for these changes. Periodic review of changes of (TC) and as well as the correctness of the contact details provided by you, are entirely your responsibility.

1.3 By filling out the registration form and clicking the 'ACCEPT' button:

IF YOU DO NOT AGREE WITH THE PRESENT TERMS, DON'T FILL THE REGISTRATION FORM.

2. Service description

This service provides Zooku users with access to a rich On-line resource package : Web Hosting, Business eMail and Domain Name Services. If the opposite is not explicitly stated, any new feature introduced will be subject to these Terms. To use the service, you must have access to internet (world wide web), either directly or through devices that can access Web content, and pay the related fees for that access. In plus, you must have the necessary equipment to connect to the internet, including a computer and modem or other access devices.

3. Domain Registration

3.1. If you register a domain using the Service, the following terms and conditions apply:
  1. Zooku will acquire the domains (example: .com, .net, .org, .info, .biz) following ICANN rules (Internet Corporation for Assigned Names and Numbers) and you must agree with ICANN terms and conditions http://www.icann.org And .ro domains through RNC (Rețeaua națională de calculatoare pentru cercetare și dezvoltare) also you have to agree to the terms and conditions of the RNC http://www.rnc.ro/new/welcome.shtml and http://www.rnc.ro/new/Dispute-Resolution-Policy.html. You understand that a separate contractual relationship is created between you and ICANN or RNC and that you, and not Zooku, is responsible for all fees, obligations and related tasks about this relationship. You agree that the 'Guarantees' obligations contained in these Terms (Section 13) include the claims or claims associated with the domain name and any pre-service, services, through the Service and the terms and conditions of ICANN or RNC conditions. Zooku declines any liability in case of dispute on the domain names it hosts.
  2. You will be the sole contact person for your domain if you do not choose another contact. If you choose other contacts, these people will be part of a direct agreement with ICANN or RNC and, in addition, will be also involved with this agreement along you. By doing this you authorize Zooku to be your payment contact, administrator contact, technical contact and nameserver for domain and as Zooku to act in these qualities as it sees fit. However, at the termination of the Service, Zooku may transfer immediately, and reserve the right to transfer your account to ICANN or RNCs to collect the related payments. In the case of such a transfer, you authorize ICANN to be the payment contact, technical and nameserver of your domain and act in these qualities as they see fit. Upon termination of the Service, Zooku is not responsible for sending notices, emails or other mail or take other action for your domain. You are the only one responsible for all unpaid or pending charges, as well as modifying the payment contact, technical and nameserver of your domain, if Zooku not specifies something else.
  3. You acknowledge that Zooku can not guarantee the availability of the selected domain until Zooku receives its order confirmation from ICAN or RNC, which may take several business days.

3.2. Using an existing domain
If you choose to use Zooku hosting services for a domain already registered with another vendor, you must request the registrar initially to modify for you the nameserver and setting the ones provided by Zooku.
OBSERVATION: IF YOU CHOOSE TO USE THE REGISTERED DOMAIN TROUGH ANOTHER SUPPLIER WITH OUR SERVICE, THE PAYMENTS TO Zooku FOR THE SERVICE DO NOT INCLUDE DUTIES WHICH YOU HAVE TO PAY TO YOUR DOMAIN SUPPLIER, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR TAXES IF THEY APLY INCLUDING RENEWAL FEES.

3.3 Verifying Domain Name Information
Under the terms of ICANN and to reduce the risk of service fraud Zooku assumes the right to periodically request verification of the information entered by you the registrant at registration. If you do not provide or validate the necessary information within 15 days of the notification by Zooku, Zooku may cease providing the Service and remove any information on its servers, including the domain name.

4. The requirements for registration

To use the Service, you must have a valid Zooku ID and have agreed to Zooku Terms and Conditions athttps://zooku.ro/termeni
To use the Service, you agree to:
  1. provide true, accurate, current and complete data about you in completing The Service Registration Form (such information is considered part of the 'Registration Data' described in Section 5 below) and
  2. to keep and renew the Registration Data promptly so that they are, accurate, current and complete. If you provide false information, inaccurate, old or incomplete, or Zooku has good reason to suspect that this information is false, inaccurate, old or incomplete, Zooku has the right to suspend or delete your account immediately and refuse to provide the Service (or elements of it) at present or for the future. You also understand you agree that the Service may include receiving of certain communications from Zooku such as service announcements, administrative messages and Zooku Newsletters, and that these communications are considered a component of membership in the Zooku community and you will not be able to opt not to receive them.

5. Billing

5.1. Recurring billing
Zooku will periodically issue proforma invoices on the basis of which you will have to pay the value of the Service provided. Frequency of payment is choosed by you from your Hosting account. The valid payment has no returnable character, either if you give up hosting services in advance. Payment is made in lei at the exchange rate of the BNR on the day of payment. In case of non-payment Zooku has the right to interrupt the provision of the Service without prior notice. Reactivation of a hosted or suspended hosting account is only possible by paying out the outstanding proforma or by paying a reactivation fee of 75 Ron + Tva.

5.2 Switching to a higher or lower subscription
You can switch from a lower subscription to an upper subscription and vice versa at any time these changes will take place immediately. Payment will be in the form of subscription chosen. If the subscription amount is less than the amount you paid for this difference, your Zooku account may be credited. Return and charge will be calculated based on the number of days remaining in the month. The due date will not change.

5.3 Price changes
The price of each service is in line with the rates displayed on the https://zooku.ro site at the time of the Beneficiary's order.
The provider reserves the right to change the charges of his services without any prior notice.
Domain prices are updated daily based on the prices of their suppliers.
Changing prices will not operate retroactively.

6. Duration and canceling of services

6.1 Duration
The period of this Regulation begins on the date you registered or the date you originally used the Service and remains valid for the period you have selected under the Registration Procedure (Initial Terms). If you wish to cancel the Service provided by Zooku, you must notify Zooku about it.

6.2 Service cancelation by the user
You can cancel your services at any time. If you cancel the service before the date set in 'initial terms', your access to services will be immediately suspended and the fees paid for the service are not refunded.

6.3 Service cancelation by Zooku
Zooku may at any time cancel the provision of the Service upon prior notice Also respecting your right of notification, Zooku will be able to suspend immediately or stop providing the Service, block access or password to your account, remove services on Zooku servers or removing the content of your site in any of the following cases:
  1. you have not complied, violated or otherwise handled this regulation, including any other Zooku regulations, or have not complied with applicable Romanian law.
  2. you have provided false registration information
  3. you have not complied with the conditions regarding the accuracy, clarity and validity of the registration data
  4. you have not responded to the communications sent to the email address declared at the time of registration
  5. you are engaged in illegal, fraudulent or any kind of activity - the sale of goods or services - which is subject to the law or
  6. you are involved in activities that damage the rights or reputation of Zooku or other third parties.
  7. you are hosting audio or video streaming services
  8. you are hosting websites that use / contain scripts or any other mining software, or make cryptocurrencies
Any of the service cancelation by Zooku will have immediate effects, you agree to the existence of an irremediable situation. If your Zooku ID is deleted for any of the above reasons, your access to the Service is also blocked, without the possibility of a refund.

6.4 Cancelation of Service by any party
In addition to the above terms, any part of this Convention may denounce this Regulation if:
  1. either Party does not comply with the terms and conditions of this Regulation, and does not take all due diligence to remedy the situation for 30 years days after receipt of the notice from the other party, except in case of the payment obligation and the non-payment of the obligation for 5 days from the moment of notification received from Zooku.
  2. the other party is declared bankrupt and the action of court liquidation if the procedure is not withdrawn within 60 days of commencement.

6.5 Suspension of services due to authorities intervention
If a state authority brings solid arguments that incriminates this Regulation and the Service, by damaging the order of law, Zooku can suspends the service without any other related obligations.

6.6 Deleting the content
Zooku reserves the right to permanently delete from its servers, all or one part of the information or content on your site, including but not limited to processed information, e-mail list, files, email, and webpages generated by you using the System. Zooku has no obligation following the action of deleting the contents.

6.7 Responsibility for payments/fees
If Zooku suspends only part of your Service, as failure to comply with terms and conditions, it doesn't suspend your obligation to pay the fees in full. If Zooku suspends the entire Service, you are required to pay the fees associated with the use of the System, until the date mentioned in the registration agreement, fees applicable to the suspension before the deadline.

6.8 Waiver of rights
You expressly renounce other rights and legal protection And conditions that might conflict with the terms of these TC.

7. Site account ownership and security

You must set a password to access your Service account, and you agree to keep this password confidential. You are responsible for maintaining your account security and you are fully responsible for all the activities that take place in your account and any actions taken in connection with your domain name including those made by users of email addresses on your domain. You agree to notify Zooku of any unauthorized account or other security breaches. Zooku assumes no responsibility for any loss or damage that may arise from your ability to remedy it. You acknowledge and agree that under no circumstances Zooku is not responsible, in no way, for your actions or omissions or your domain's Email Address Users, which you give an email account on your domain, even in the case of any damages caused by them due to their actions or omissions. If some sums of money should be paid as compensation or fines and not only, you will have to pay these sums of money, not Zooku.

8. Users of domain emails

8.1 Description of the Service
Zooku Hosting email allows you to register a domain name and create email accounts in order to send and receive emails from and to your registered domain name. You expressly agree that any violation of these terms may result in termination/deletion of any and all email addresses, as Zooku alone considers necessary. Zooku assumes no liability for any loss due to the activities of email users.

8.2 Users of domain emails
Please keep in mind that the Users of Domain Emails are the subject of Zooku Terms and Conditions (https://zooku.ro/termeni). Zooku does not assume responsibility for the losses caused by Domain User Emails activities.

9. Rules and obligations regarding privacy and use

9.1 Zooku policies
You agree that you have accessed, read and understood the Zooku Privacy Agreement - https://zooku.ro/confidentialitate . This Privacy Agreement contains restrictions on your online activity (including prohibitions against unsolicited commercial email (spam)). Zooku may change this Privacy Agreement with a notice, notification that can also be made from the publication of the new Zooku policy on the website. Prohibited uses
Additionally, you may not post, transmit or retransmit or store materials with the Service, which Zooku considers that:
  1. violates a local or foreign law or regulation;
  2. is threatening, obscene, indecent, defamatory or may affect an individual, group or entity or,
  3. violates the right of any person, including the rights protected by Copyright, trade secret, inventions or other intellectual property rights, as well as the installation or distribution of 'pirate' software or other products that do not have the right license to use; these examples are not limitative.
You agree NOT to:
  1. publish, transmit or make available content that is illegal.
  2. assume the identity of another individual or legal person, even of a Zooku official, forum leader, guide or host, or state otherwise your relationship with an individual or legal person.
  3. falsify the headers or manipulate the identifying elements in other ways to mask the origin of Content transmitted through the Service
  4. upload, publish, or transmit Content that you don't have the right to communicate under the law or contractual obligations (for example internal information, with ownership, confidential ones learned and discussed as part of a work contract or under confidentiality commitments)
  5. publish or transmit in other ways Content that violates the patents, registered trademarks, trade secrets, copyrights, privacy rights or other proprietary rights of any party,
  6. publish or send unsolicited commercial emails, called 'spam'. This includes unfair marketing, advertising, or other 'spam' activities such as:
    1. sending mass emails to recipients who have not requested or send with a false reply address.
  7. publish or transmit in other ways materials containing viruses or other codes, files or programs designed to interrupt, destroy, or restrict the functionality of any software or hardware component of your computer or communication equipment.
  8. to disturb or interrupt the Service or the servers, Service-related networks, or violate the requirements, procedures, policies or regulations related to the Service.
  9. intentionally or unintentionally violate any local, statal, national or international laws or policies of ICANN.
  10. interfere or interrupt the Service or servers or networks connected to the Service, or not comply with any requirements, procedures, policies or regulations of networks connected to the Service
You agree not to involve Zooku in any claims or complaints arising from the Service that damages you or any other party, Zooku reserves the right to investigate you, your business and/or your staff, your site and the materials contained on your site at any time. These investigations will only be made for the benefit of Zooku and not for your benefit of a third party. If the investigation reveals any information, act or omission that, in Zooku's view, constitutes a violation of national or international laws or regulations pertaining to Zooku's Policies, Zooku reserves the right to immediately close your site and to notify you of this action. You agree to waive the right of action or any claim you may have against Zooku for such actions.

9.2 Policies for sending emails
Each mailbox is limited so that it does not permit sending more than N* messages within 60 minutes. These limitations (restrictions) are required to maintain the quality of the email service provided. Exceeding this limit will result in temporary suspension of the email message sending rights for that address. In cases where the sending limits are exceeded repeatedly, it is possible that the mailbox will be blocked from sending emails for an indefinite period of time. The N* maximum number of messages allowed and their total size are dependent on the specific hosting package.

Sending unsolicited messages or SPAMis forbidden!!!

SPAM means the massive sending of unsolicited electronic messages to people with whom the sender does not have contact and who have not provided consent to receive such messages.

Any complaint received will be reviewed and, if confirmed, this will result in the immediate suspension of email messages being sent on that domain, without prior notice being given to the owner.

Unblocking or lifting of these sending restrictions in case of abuse will only be obtained through written application to Zooku-Myhost or/+ paying a fee of 25 euro + VAT.

9.3 Use of resources
All hosting accounts are monitored by Zooku-Myhost in order to trace the resource consumption on the servers. If a hosting account uses a large amount of resources, the relevant customer will be contacted by a Zooku representative to discuss this.
If a hosting account or a script uses a very large amount of resources (processor, memory) and this causes the server activity to be disrupted, the account may be suspended or the script disabled without prior notification given to the customer.

9.4 Restrictions/limitations
In the event of security issues that cause inappropriate running of the servers or facilitate the exploitation of programs installed on the servicer, Zooku reserves the right to impose hardware and software restrictions on the use of Zooku-Myhost servers without prior notice.

9.4.1 Apache Limitations and Stopped Functions / PHP

9.4.2 Limitations of email sending
Max 360 messages/recipients from a mailbox within 60 minutes (counting starts when the first message is sent)
Max 250 Mb from a mailbox within 60 minutes (counting starts from the first message sent)
When sending emails from PHP, it is mandatory to use the header FROM: an RFC-compliant address 5321 - 5322 and which belongs to the domain from which the email is being sent. The messages with inappropriate FROM: will be automatically rejected.

9.4.3 Unlimited Service

Zooku provides an unlimited service to its customers with the goal of delivering an excellent user experience.
The unlimited service means that customers can use the service without any restrictions or limitations, up to the maximum limit available with current technologies and without abusing it.
However, abusive use of unlimited services is strictly prohibited and may result in the restriction or suspension of the customer's access to the service without any prior notification or formalities.
Zooku reserves the right to determine the abusive use of unlimited services (abusive use of unlimited services includes, but is not limited to, any activity that significantly exceeds the normal level of service usage, as appreciated by the median usage of the service by customers with the same type of contracted package).

9.4.4. Daily Backup

To ensure the safety of customer data, Zooku performs daily backups.
However, customers should note that the backup service is provided on a "best effort" basis, meaning that we make all possible efforts to ensure that your data is safe, but we do not guarantee complete recovery in case of data loss and we are not responsible for the partial or complete absence of a backup, the absence of a backup from a certain period, partial or total corruption of the backup, or any other software or hardware malfunctions that affect the backup process.
The customer is solely responsible for backing up their data consistently, knowing when and how to backup, and how often to backup, particularly before and after updates and and is alsosolely responsible for having a valid backup copy of their data.

9.4.5 Free Migration

Zooku offers free website and email migration to its customers who purchase a hosting package for a minimum of one year, except in complex cases where Zooku reserves the right to refuse to provide this service for free.
Complex cases include, but are not limited to, migrations from control panels with a market share < 10%, migrations from VPS/dedicated servers, migrations from open source/in-house developed control panels, or migrations for domains hosted on a customized setup.
Migration involves transferring all necessary data, files, databases, and other information required for proper functioning of the website and email services in the form of a valid coherent backup to Zooku.
To initiate the transfer, customers must contact Zooku's support department and provide all necessary information and data for migration.

10. Additional Software

By respecting any additional software that is available due to the connection between Zooku and the Service, if you choose to download or to access such additional software, you understand that you must agree to the additional terms and conditions before using the software

11. Support

Zooku reserves the right to set limits or to extend any type of support provided for the Service, as well as the times at which it is available.

12. Guarantees

You agree to provide guarantees for Zooku and its partners that you will not make demands or claims, including the fees of the representatives demanded by a third party due to its occurrence in the Contents of your site, by your use of the Service, your relationship with the Service, your violation of the TC or the violation of any other rights of another party, including, but not limited to your use of the content, trademarks, trade names, copyrighted or patented materials or other intellectual property rights. Zooku reserves the right to assume, at its expense, the defence and control of any guarantee on your part, but by doing so, you will not be relieved of your obligations of guarantee.

The supplier guarantees 99.9% availability of the services provided. In case of an uptime lower than the stated percentage, each customer will receive with the purchased hosting period 120% of the time frame during which the service was inoperable. This compensation will only be provided upon the customer's request. Zooku Solutions is exempted from the payment of any penalties or damages due to the suspension of the account in case of force majeure, from the fault of the CUSTOMER or of a third party.

13. Resale of the Service

You agree not to reproduce, multiply, copy, sell, resell or exploit any component of the Service, to use the Service or access the Service without express permission from Zooku.

14. General practices on usage and storage

You acknowledged that Zooku can establish general practices and limitations for using the Service.

15. Changes of the Service

Zooku reserves the right to modify or suspend, either temporarily or permanently, the Service (or any component thereof) with or without notice, at any time. You agree that Zooku is not liable to you or any other party for any modifications, suspensions or disruptions of the Service.

16. Disclaimer

You acknowledge and agree that:

  1. the use of the service is at your own risk. the service is provided based on: 'as it is'. Zooku assumes no liability or guarantees of any kind, either express or implied, including, but not limited to, the usual guarantees of sale, to fit a particular purpose.
  2. any material downloaded or otherwise obtained through the use of the service is at your sole discretion and risk and you are solely responsible for any damages to your computer or loss of data resulting from the download of any material.
  3. the security mechanisms embedded in the software (system) have actual/inherent limitations, and you have the responsibility to identify your needs exactly.
  4. Zooku, by this agreement or other terms provided, does not guarantee that:
    1. the service fits exactly to your requirements,
    2. the service will work without interruptions, securely and error-free,
    3. the results obtained through the use of the service will be error-free and reliable,
    4. the quality of the products, services, information or other materials purchased or obtained by you through the service will meet your expectations, as well as
    5. any software error will be corrected.
Zooku will work consistently to maintain the service, however, Zooku is not responsible for damages, data loss, loss of customer details or seller details, income or other business disruption due to delays, wrong transmission or non-transmission of information, due to restriction or interruption of access, bugs or other errors, unauthorised use due to sharing access to the service, or other interactions with the service. you are responsible for maintaining and backing up (back-up) your data and any information stored through the service.

17. Force Majeure

With the exception of the obligation to make payments, neither party shall be responsible for any failure or delay in its actions or inactions which are governed by these T & Cs if they result from a cause which is beyond its control such as (but not limited to): acts of war, government acts, interruption of the Internet service (not resulting from Zooku's actions or inactions), natural phenomena, earthquakes, embargoes, sabotage, and labour conflicts. The causes of force majeure:
  1. must be conveyed to the other party
  2. the party facing force majeure must apply reasonable commercial efforts to correct any malfunctions or delays promptly. If Zooku is unable to provide the service for a period of 30 consecutive days due to a continuous force majeure event, you will: be able to terminate the service, but Zooku will have no obligation whatsoever.

18. Guarantee of Repayment in 30 days

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