Last update: 11.04.2023
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.
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.
3.2. 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.
3.4 Premium Domain Names
Certain domain names are considered premium by registrars due to their high value, demand, or commercial potential. These domains are not publicly listed, and their actual availability and pricing are confirmed only after the order is placed. If there are any changes, our support team will contact you for confirmation.
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.
6.1 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.
6.5 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.
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.
8.1 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.
9.2 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.
9.4.2 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.
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
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.
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.
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.
You acknowledged that Zooku can establish general practices and limitations for using 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.
You acknowledge and agree that: