Terms and Conditions of SKY SERVERS SRL
The present document representing the Terms and Conditions of Use is the Hosting Services Supply Contract, hereinafter referred to as “T&C.”
This T&C is entered into between you (hereinafter referred to as “you,” “yourself,” or “beneficiary”) as the beneficiary and SKY SERVERS S.R.L. (hereinafter referred to as “we,” “our,” “SKY SERVERS SRL,” or “provider”) as the provider of virtual server hosting services. It is the latest version of the T&C. The use of our services through the offered packages is the subject of this contract (T&C).
SKY SERVERS S.R.L., headquartered in the city of Ramnicu Valcea, Valcea County, is registered with the Trade Registry Office under number J38/386/2020, with Fiscal Code 42606658, represented by Mr. Dragomir Bogdan-Constantin, with a branch on Dem Radulescu Boulevard, no. 47.
This Contract, the provisions and clauses of which, agreed upon by virtue of the right of contractual freedom, have been established through our mutual agreement and in compliance with the law. This contract (T&C) serves as the legal basis for all hosting services provided by SKY SERVERS SRL.
SKY SERVERS SRL reserves the right to modify, change, remove, or add terms and conditions to this T&C, including but not limited to: terms, applicable fines/fees, operating policies, customer usage/behavior in relation to the image, SKY SERVERS SRL employees. SKY SERVERS SRL may exercise this right without prior notice or notification. Regardless of previous communications/notifications, your continued use of the services constitutes your agreement to these changes. Periodic checking of changes and updates to this T&C, as well as the accuracy of the information provided by you, are entirely the responsibility of the Beneficiary.
BY FILLING OUT THE ORDER FORM AND CHECKING THE “YES” BOX, I AGREE TO THE TERMS AND CONDITIONS OF USE:
1. It represents a guarantee that you are a natural person and are of legal age. If you represent a legal person, partnership, or any other legal form of organization in accordance with commerce standards, your registration is a guarantee.
2. You agree to provide accurate, clear, and true information in the order form, including any information necessary for payment conditions, and undertake to update this information correctly and permanently.
3. You represent and warrant that you have the authority to use the services in accordance with this T&C. In case you do not agree or express your disagreement with the terms or any other changes, the only option is to notify the Payment Department of your desire to unilaterally terminate this T&C.
II. CONTRACT OBJECT (T&C) The object of the contract is the provision by SKY SERVERS SRL of web hosting services on virtual servers. These services represent a range of functions and facilities specific to each web hosting package. The Provider agrees to provide the following services:
1. Hosting of the contracted website or websites.
2. Online and/or telephone technical support in exceptional cases for the use of web hosting services.
3. Registration of domain names in the .ro and international .com, .net, .org, .info, .biz, and .eu zones.
The Provider undertakes to provide services in accordance with the technical parameters presented in the public offer.
III. SERVICE VALUE AND PAYMENT TERMS
SKY SERVERS SRL will issue pro forma invoices based on which you will have to pay the value of the contracted service. You will choose the payment frequency initially through the order form and then by a written request addressed to the Payment Department via email at plati@sky-servers.com. Payment made is not refundable, even if you prematurely renounce hosting services within the first 30 days of the contract’s validity. Payment is made in lei. In case of non-payment, SKY SERVERS SRL has the right to interrupt the service without any prior notice.
Service interruption means SUSPENSION, permanent DELETION of the account from SKY SERVERS SRL servers. The decision on the form of service interruption belongs exclusively to the provider. By not paying the provided services, the beneficiary expressly waives other rights and legal protection.
Switching to a higher or lower subscription can be done at any time, and these changes will take place immediately. Payment will correspond to the chosen subscription type.
Activation of hosting services and end-user packages is done within a maximum of 24 hours from the client’s order submission. Payment confirmation can be made by sending the payment document by fax, email, or when the bank confirms the respective payment. SKY SERVERS SRL can change hosting service rates or the bases on which any fee is determined at any time. In case of renewal, prices can be changed without prior notice.
The contractual period begins from the date your service is activated and remains valid for the period you selected in the order form. If you wish to renounce the service provided by SKY SERVERS SRL, you must notify SKY SERVERS SRL (payment department) in writing via email.
IV. RENUNCIATION OF SERVICES
SKY SERVERS SRL may cease providing the contracted service immediately, irrevocably, and without prior notice if:
a) You have not complied, violated, or treated this regulation improperly, including any other SKY SERVERS SRL regulations or have not complied with applicable Romanian law.
b) You provided false information at registration.
c) You did not comply with the conditions regarding the accuracy, clarity, and validity of registration data.
d) You did not respond to communications sent to the email address declared at registration.
e) You are engaged in illegal, fraudulent, or any type of activities—selling products or services that violate the law, or
f) You, a representative/employee of yours, a partner (legal person or natural person), or a representative/employee of a partner is involved personally or as a legal representative in activities that harm the rights or reputation of SKY SERVERS SRL.
g) You have not paid the value of the contracted service for a period longer than 30 days.
Any termination of services offered by SKY SERVERS SRL has immediate effects. SKY SERVERS SRL may optionally notify the client of the termination of services. In addition to the terms mentioned above, any party to this agreement may terminate this T&C if:
i) Any party does not comply with the terms and conditions of this regulation and does not exert all diligence to remedy the situation within 30 days of receiving the notice from the other party, except for non-compliance with the payment obligation, and failure to fulfill the obligation within 5 calendar days from the notice received from SKY SERVERS SRL.
ii) The other party is declared bankrupt and the liquidation proceedings have started.
iii) The other party is declared bankrupt, and the liquidation proceedings are not withdrawn within 60 days from the start.
If a state authority provides solid arguments incriminating this T&C and the service, causing harm to the rule of law, SKY SERVERS SRL may suspend the service without further related obligations. If SKY SERVERS SRL suspends only a part of your Service due to T&C non-compliance, this does not suspend your obligation to pay the fees in full. If SKY SERVERS SRL suspends the entire Service, you are obliged to pay the fees for using
the service until the date mentioned in the registration agreement, applicable fees even in the case of premature suspension. You expressly waive other rights and legal protection and conditions that may conflict with the terms provided in the T&C.
VI. USE OF THE SERVICE
All services provided by SKY SERVERS SRL can only be used for legal purposes. The transmission, storage, or presentation of information, data, or materials that violate Romanian and international laws is prohibited. This includes but is not limited to: materials copied without the permission of the owners, materials that make threats or are obscene, “adult-only” materials, materials protected by trade secrets, or with another status.
The client agrees not to claim damages and not to hold SKY SERVERS SRL responsible for any claims resulting from the use of the service that harms the client or a third party. Note: Pornography and materials related to sex are prohibited on our servers. This prohibition includes sexually explicit content or direct links to other adult sites. SKY SERVERS SRL is the sole authority to decide what materials constitute a violation of this provision. The client must also note that the distribution and/or transmission of obscene or indecent messages or materials that violate the laws of decency may be punishable by law.
Some examples of materials or links that are not acceptable:
– Pirated software
– Hacker programs or archives
– Warez sites
– Proxies and proxy platforms
– Pornography and adult materials
– Software for sending unwanted emails (spam)
– Downloading MP3s, movies for which you do not have the copyright owner’s permission.
At this time, we do not allow clients to run IRC software like eggdrop or BitchX on our servers. The use of client-specific Chat Room programs on our servers is also not allowed due to the specific requirements of these programs.
We allow the use of Bulletin Board programs, but these must be used in accordance with the Server Resource Usage Policy. It is recommended to use programs that use a database, as file-based programs are slow and require significant resources. The use of programs that run continuously in the background is not allowed. We allow programs to operate in the background as an extension of the client’s website, but we do not allow the use of programs specifically designed to run in the background. For example, a program like LightGate can start sending emails and operate in the background until completion, but we do not allow programs designed to continuously send emails in the background.
CGI scripts can be used by our clients as part of the services offered, but any CGI script specifically designed to negatively impact server performance or network integrity may be stopped without notice. The use of CGI scripts in conjunction with other sites not hosted by SKY SERVERS SRL is prohibited.
When it is found that a CGI script uses resources excessively, SKY SERVERS SRL will notify the owner of the respective site. The owner has 24 hours to reduce the program’s resource consumption; otherwise, it will be deactivated without notice. Any website that uses a significant portion of server resources (e.g., CPU, memory, and network resources) may be suspended without notice, and the solution may be to opt for a dedicated server or limit the use of resources to an acceptable level.
Web traffic measures the traffic recorded on http, ftp, smtp, and pop3. SKY SERVERS SRL servers are powerful enough to handle very high resource consumption. However, we cannot allow a single client to overload the server at the expense of other clients. Additionally, you are not allowed to post, send, or retransmit or store materials through the hosting account that SKY SERVERS SRL considers:
i) Violates a local or foreign law or regulation.
ii) Is threatening, obscene, indecent, defamatory, or may affect an individual, group, or entity.
iii) Violates the rights of any person, including rights protected by copyright, trade secret, inventions, or other intellectual property rights, as well as the installation or distribution of “pirated” software to other products that do not have the appropriate license for use. These examples are not exhaustive and refer to links that are similar servers.
You agree NOT to:
a) Upload, post, transmit, or otherwise make available content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, violates privacy, adult-oriented, racially, ethnically or otherwise objectionable.
b) Harm minors in any way
c) Assume the identity of another natural or legal person, even an official SKY SERVERS SRL, forum leader, guide, or host, or declare in any way your connection to a natural or legal person.
d) Falsify headers or otherwise manipulate identification elements to mask the origin of content transmitted through SKY SERVERS SRL servers.
e) Upload, publish, or transmit otherwise content that you do not have the right to communicate under the law or contractual obligations (e.g., internal information, property rights, confidentiality learned and discussed as part of an employment contract or under a confidentiality agreement).
f) Upload, post, or transmit otherwise material that infringes patents (patents), registered trademarks, trade secrets, copyright, privacy or publicity rights, or other property rights of any party.
g) Upload, post, or transmit otherwise unsolicited commercial emails, known as “spam.” This includes unfair marketing, advertising, or other spam-related activities, such as (a) sending mass emails to recipients who have not requested email or sending with a false reply address, (b) promoting a site through links, titles, inappropriate descriptions, or (c) promoting your site by repeatedly posting identical texts in public forums.
h) Upload, post, or otherwise transmit materials that contain viruses or other codes, files, or programs designed to interrupt, destroy, or limit the operation of any software or hardware component of SKY SERVERS SRL servers or a third party.
i) Disturb or interrupt the Service or servers or networks connected to the Service, or violate the requirements, procedures, policies, or regulations related to the Service.
j) Intentionally or unintentionally violate any local, state, national, or international law or ICANN policies in force.
k) Provide material or resource support (or hide or disguise the nature, location, source, or ownership of material or resource support) to any organization.
l) “Stalk” or otherwise harass someone.
m) Intervene or interrupt the service or servers or networks connected to the Service, or not comply with any requirements, procedures, policies, or regulations of the networks connected to the SKY SERVERS SRL network.
n) Collect, transmit, or store personal or financial data about any individual or entity.
o) Promote or provide information on illegal activities, promote physical violence and insults against an individual or group, or promote any act of cruelty to animals. This includes, but is not limited to, providing instructions on how to make bombs, grenades, and other weapons, and creating “Crush” sites.
You agree not to involve SKY SERVERS SRL in any claims or complaints arising from the Service that causes you or any other party harm. SKY SERVERS SRL reserves the right to investigate you, your business and/or staff, your site, and the materials contained on the site at any time. These investigations will be conducted solely for the benefit of SKY SERVERS SRL and not for your benefit or that of a third party. If the investigation reveals any information, action, or omission that SKY SERVERS SRL believes constitutes a violation of national or international laws or regulations or SKY SERVERS SRL policies, SKY SERVERS SRL may immediately shut down your site and notify you of this action
by email at the address provided in the order form. You agree to waive the right to any action or claim you may have against SKY SERVERS SRL for such actions.
VII. EMAIL SENDING POLICY
Each hosting account is limited to sending no more than 200 emails in a 60-minute interval/domain. This policy (restriction) is necessary to protect the quality of the hosting service. Mass email sending leads to massive server resource consumption, negatively impacting the quality of services received by clients.
The first violation of this policy results in the immediate suspension of the hosting account and a penalty fee of 25 euros + VAT for the client. Reactivation of the account is only possible after the penalty payment and the client sending a signed and stamped (where applicable) commitment to SKY SERVERS SRL via email with the following text: “I have read, understood, and agree to the email sending policy.” The second violation of this policy results in the immediate termination of the hosting account.
SKY SERVERS SRL will not refund any fees paid in advance by the client if the account is terminated for violating these rules. The client is obligated to fully pay any outstanding fees to SKY SERVERS SRL.
Email spamming is strictly prohibited. “Spam” includes sending bulk and/or unsolicited commercial email messages via the Internet using the services of SKY SERVERS SRL or any other service provider with reference to SKY SERVERS SRL (and any site owned by us) or to any site hosted by SKY SERVERS SRL.
Spam is TOTALLY PROHIBITED, and its discovery incurs a penalty fee of 100 euros + VAT, automatically resulting in the DELETION of the respective account from our servers.
BY SPAM, WE UNDERSTAND THE SENDING OF EMAIL MESSAGES TO RECIPIENTS WHO HAVE NOT EXPRESSLY EXPRESSED THEIR DESIRE TO RECEIVE THOSE COMMERCIAL MESSAGES. YOU MUST PROVIDE SKY SERVERS SRL WITH ALL THE REQUESTED DATA TO CONTACT SOME OR ALL OF THE RECIPIENTS OF THE MESSAGES SENT.
VIII. SUPPORT, WARRANTIES, AND INTERNET DOMAINS
SKY SERVERS SRL reserves the right to establish limits or expand any kind of support offered for the contracted service and the hours it is available.
You agree to provide guarantees for SKY SERVERS SRL and its partners that you will not have claims or demands, including attorney fees requested by a third party due to its appearance in the content of your site, your use of the Service, your relationship with the Service, your violation of the TCU, or the violation of any other rights of another party, including, but not limited to, your use of content, trademarks, trade names, copyrighted or patented materials, or other intellectual property rights.
SKY SERVERS SRL reserves the right to modify or temporarily or permanently interrupt the Service (or any component thereof) with or without notice at any time. You agree that SKY SERVERS SRL is not responsible for any modifications, suspensions, or interruptions of the Service.
For domains that do not have the .RO extension, their registration is only done after confirming the payment according to the proforma invoice issued through the order form. If between the date of placing the order and the date of confirming the payment, the domain name you want to purchase is registered by a third party beneficiary, you are given either the option to refund the lei equivalent of the proforma invoice issued on the day of issuance or to register another domain name with the same extension.
For domains in the .ro zone, their registration will only be done after confirming the payment according to the proforma invoice issued through the order form.
IX. DISCLAIMER
YOU UNDERSTAND AND AGREE THAT:
(a) THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS. SKY SERVERS SRL DOES NOT ASSUME RESPONSIBILITY AND DOES NOT GRANT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
(b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(c) SECURITY MECHANISMS EMBEDDED IN SOFTWARE (SYSTEM) HAVE INHERENT EFFECTIVE LIMITATIONS, AND YOU ARE RESPONSIBLE FOR IDENTIFYING EXACTLY YOUR NEEDS.
(d) SKY SERVERS SRL, THROUGH THIS AGREEMENT OR OTHER TERMS PROVIDED, DOES NOT GUARANTEE THAT:
(i) THE SERVICE IS EXACTLY SUITABLE FOR YOUR REQUIREMENTS,
(ii) THE SERVICE WILL OPERATE UNINTERRUPTED, SECURE, AND ERROR-FREE,
(iii) THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICE WILL BE ERROR-FREE AND RELIABLE,
(iv) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY SOFTWARE ERROR WILL BE CORRECTED.
(e) ANY ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE DOES NOT CREATE ANY WARRANTIES NOT SPECIFICALLY STATED IN THIS AGREEMENT.
(f) SKY SERVERS SRL IS NOT RESPONSIBLE FOR THE FAILURE TO COMPLY WITH DEADLINES, FOR THE DELETION, NON-PROVISION, OR INCORRECT STORAGE OF ANY FORM OF COMMUNICATION OR ANY CUSTOM SETTINGS USED BY YOU.
SKY SERVERS SRL WILL MAKE SIGNIFICANT EFFORTS TO MAINTAIN THE SERVICE; HOWEVER, SKY SERVERS SRL IS NOT LIABLE FOR DAMAGES, DATA LOSS, CLIENT OR SELLER DETAILS, INCOME, OR OTHER DAMAGES TO BUSINESSES CAUSED BY DELAYS, INCORRECT TRANSMISSIONS OR NON-TRANSMISSION OF INFORMATION, DUE TO ACCESS RESTRICTION OR INTERRUPTION, BUGS, OR OTHER ERRORS, UNAUTHORIZED USE DUE TO SHARING ACCESS TO THE SERVICE, OR OTHER INTERACTIONS WITH THE SERVICE. YOU ARE RESPONSIBLE FOR THE MAINTENANCE AND BACKUP OF YOUR DATA AND ANY INFORMATION STORED THROUGH THE SERVICE.
X. LIMITATION OF OBLIGATIONS
YOU UNDERSTAND AND AGREE THAT SKY SERVERS SRL, ITS ASSOCIATES, OR OTHER PARTNERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES OF SKY SERVERS SRL HAVE NO OBLIGATIONS FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF FUTURE PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SKY SERVERS SRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM:
(i) THE USE OR INABILITY TO USE THE SERVICE,
(ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER MALFUNCTION OF THE SERVICE OR SOFTWARE;
(iii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, OR SERVICES PURCHASED OR OBTAINED THROUGH MESSAGES OR TRANSACTIONS MADE THROUGH THE SERVICE,
(iv) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS AND DATA,
(v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING THE SERVICE
(vi) ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THE SERVICE
(v
ii) ANY OTHER SITUATION RELATED TO THE SERVICE OR SOFTWARE.
XI. APPLICABLE LAW & FORCE MAJEURE
The applicable law for the TCU and the relationship between you and SKY SERVERS SRL will be the laws of the State of Romania. Except for the obligation to make payments, neither party will be responsible for any failure or delay in its actions or inactions regulated by these TCU if they are due to a cause beyond its control, such as (but not limited to) acts of war, government acts, Internet interruption (not resulting from the actions or inactions of SKY SERVERS SRL), natural phenomena, earthquakes, embargoes, sabotage, labor conflicts. These force majeure causes:
(a) must be promptly notified to the other party
(b) the party in force majeure must use reasonable commercial efforts to promptly correct any malfunction or delay.
If SKY SERVERS SRL is unable to provide the Service for a continuous period of 30 consecutive days due to continuous force majeure events, you will be able to terminate the Service, but SKY SERVERS SRL will have no obligation regarding that.
XII. RELATIONSHIP BETWEEN PARTIES
This agreement will not establish any partnership, joint venture, employment relationship, franchise, or agency relationship between SKY SERVERS SRL and you. Neither SKY SERVERS SRL nor you will have the power to bind the other party or create obligations for the other party without the prior written consent of the other party, except as expressly stated in this agreement. SKY SERVERS SRL and you agree that, except as expressly stated in this agreement, there will be no third-party beneficiaries to this agreement, such as insurance companies for any party or your users, without limiting this example.
XIII. FINAL CLAUSES
These TCU constitute an agreement between SKY SERVERS SRL and you and govern the use of the services, constituting the service contract entered into between you and SKY SERVERS SRL. You may also be subject to other additional terms or conditions that apply when you use other SKY SERVERS SRL services, content, or third-party software.
If any provision of these TCU or other incorporated documents is proved by a competent authority to be invalid, the parties agree that such authority shall attempt to take into account the intentions of the parties as reflected in the provision, and the remaining provisions shall remain in full force and effect.
You agree that regardless of any law or statute, any claim or cause arising out of these terms or related to the use of the services or the TCU must be filed within one year after such claim is raised or will be forever barred. Section titles in these terms are for convenience only and have no legal or contractual effect.