Art. 1.1. This document contains the terms and conditions of use for the services offered by POTATOE. through
Art. 1.2. The terms listed below have contract value and shall be governed by the provisions of the following legislation of Romania:
OG 130/2000 on the legal regime of distance contracts;
Law Nr. 365/2002 on electronic commerce.
Art. 1.3. I-HostYou – further defines and names the POTATOE.
Address: Jacaranda St, Wynnum West
Brisbane, QLD, Australia
The PROVIDER of the hosting and domain name registration services that may be contracted and purchased through I-HostYou (www.i-hostyou.com).
User – The person or legal entity that uses the services of I-HostYou.
Client – physical or legal person that initiates an order.
Order – request addressed to I-HostYou by a person or legal entity requesting hosting services or domains registration.
Art. 2.1. This document defines the framework in which I-HostYou agrees to provide products and services to clients and users. This document is an agreement between I-HostYou and his clients. All clients and users of the hosting services are subject to these terms and conditions so that the use of I-HostYou services implies accepting and complying with the Terms and Conditions.
Art. 2.2. I-HostYou reserves the right to modify this document, but this is not accepted as a reason for ceasing cooperation by the client, nor to refuse payment for hosting.
III. ORDER, PAYMENT AND INVOICING
Art. 3.1. Every order will be made online on the website I-HostYou (http://i-hostyou.com). Clients agree to enter complete data into the form, correct and accurate. Domain registration is done in accordance with the laws in force. I-HostYou cannot be held responsible in any way for any inconvenience caused by incorrect or incomplete information provided by clients.
Art. 3.2. After checkout an invoice is automatically sent to the email address entered on the form. The invoice contains all the necessary information needed for payment and it is available in the Client Account. The unpaid invoice has no legal value.
Art. 3.3. Client agrees to pay for services in advance for the time period in which they are provided.
Art. 3.4. All invoices will be sent by email. Clients must pay the bill in advance at the beginning of each payment period, within 7 working days from the date of invoice.
Art. 3.5. After payment and collection of money is issued the paid invoice.
Art. 3.6. Invoices are stored exclusively on your client account in PDF format and a link for viewing and downloading them is sent by e-mail. The signing and stamp of invoices are not required according to Art. 155 Fiscal Code, paragraph 6 (http://codfiscal.net/412/art-155-facturarea/).
Art. 3.7. I-HostYou recommends the confirmation of payments by sending a copy of the payment instrument that certifies this by e-mail at firstname.lastname@example.org. Clients benefits from the services of I-HostYou within 24 hours after payment confirmation.
Art. 3.8. Suspension – We reserve the right to suspend any account after 3 days from the invoice due date if payment has not been made. Any extension of the term of payment is at our discretion.
Art. 3.9. Delete Account – We reserve the right to permanently delete all data for the hosting accounts after 4 days from the invoice due date if payment has not been made. Any extension of this time is at our sole discretion.
IV. DOMAINS REGISTRATION
Art. 4.1. Domains registration for .RO extensions are performed within 48 hours after the confirmation of payment or receipt of invoice value issued for registration services.
.RO Domains registration is performed in accordance with the following terms and conditions:
Art. 4.2. International domains registration is done within 15 minutes of ordering. International domain names are registered in accordance with the following terms and conditions:
Art. 4.3. International domains, benefit from protection Whois/ID Protect that can be purchased with the domain, which attempts to reduce spam on the domain name holder. The data provided for the registration of international domains can be hidden at whois lookup of the international domain with the option Whois/ID Protect which can be activated when purchasing the domain or by opening a support ticket with the Customer Support Department.
V. WARRANTY AND REFUND
Art. 5.1. Clients are entitled to a refund for web hosting services within 30 days of placing the order. There are no refunds for the dedicated servers, cloud vps or reseller hosting. Clients can request a refund by email to email@example.com . The message must contain identification data of the client, the reasons for refund request and also required information needed to perform this operation. The payment for refund guaranty will be made within 30 days from the date of the request for reimbursement.
Art. 5.2. Payment for domains registration or ssl certificate is not refundable. If claiming reimbursement for web hosting services then the domain price or ssl certificate price without hosting is deducted from the total amount. This rule also applies to clients who have received the domain or ssl certificate for free or a discount after a certain promotional offer.
Art. 5.3. The refund guarantee does not apply for extension or renewal of Web hosting services.
Art. 5.4. The refund guarantee does not apply for a web hosting account that has breached these terms and conditions.
Art. 5.5. I-HostYou ensures a 99.9% uptime per month. If downtime exceeds 5% per month, I-HostYou undertakes at client request to return the amounts paid by him for month (or months) the uptime falls below the guaranteed value.
VI. USE OF SERVICES
Art. 6.1. The services offered by I-HostYou will only be used for lawful purposes. Any activities that may be considered illegal are prohibited.
Art. 6.2. I-HostYou reserves the right to remove or block access to content on the site or server without prior notice. Right of use for I-HostYou servicec will be restored after the account holder becomes legal.
Art. 6.3. Our servers will not be used under any circumstances and in any circumstance for transmission, storage or publication of any unlawful materials (under the laws of Romania, the European Union and the United States). Illegal materials include, but are not limited to:
– Violation of a copyright or any other right of any party;;
– Materials protected by trade secrets or any other status;
– Threatening, abuse, harassing, defamatory statements;
– Materials designed to encourage feelings of hatred or discrimination;
– Adult content, nudity, pornography, any image or text with sexual content or obscene;
– Promotion of illegal activities (hacking, cracking, warez, etc);
– Information or software containing or about any kind of virus or trojans;
– Collection of personal information for illegal purposes;
– Any content deemed by us to be harmful or illegal.
Art. 6.4. Sending mass e-mail referring to messages sent to a large number of e-mail addresses (one time or regularly). Sending mass should respect international and Romanian laws in force. Ignorance of the law does not exempt (absolve) anyone of liability. Such campaigns can be operated only with e-mail lists where people personally subscribe to receive such messages (via express consent / opt-in) and in all messages must be published the procedure needed to withdraw from the lists. Any complaints received in this regard will be investigated and action taken as necessary. To be known and respected when sending mass e-mail:
– Sending mass e-mail to be done by a script that uses SMTP connection;
– The use of CGI or PHP “mail ()” is prohibited for sending mass e-mail;
– The addresses listed in Return-path:, From:, Reply-To: must work and have enough space allocated;
– Send messages only to people who have expressly consented to receive messages via e-mail;
– Include in every e-mail sent complete and true sender identification data;
– Include in every e-mail the option to opt out from receiving e-mail, which should be respected;
– E-mail lists must be kept up to date, make sure you have the resources to do so.
NOTE: Any complain received in this regard and confirmed will result in immediate suspension of the account without prior notice to the owner of the hosting account.
Art. 6.5. Sending unsolicited commercial email (SPAM) to promote any site using our servers or other servers promoting any website hosted on our servers will result in the suspension or cancellation of the client hosting account without right to refund. Mailing lists may be operated as long as individuals are registered to receive messages through the “opt-in” and in all the lists messages is published the list withdrawal procedure. Any complaints received in this regard will be investigated and action taken as necessary. A message can be considered SPAM even if:
– It contains the sentence “This e-mail can not be considered SPAM …” or other similar phrases;
– Identification data of the sender is incomplete or incorrect;
– You cannot prove that a particular person has agreed to receive e-mail from you;
– Procedure for removal (opt-out) from the e-mails database do not work;
– Use e-mail lists purchased (even with the bill!) or received in exchange;
– The e-mail is sent from another server.
NOTE: Any complaints received in this regard and confirmed will result in immediate suspension of the account without prior notice to the owner of the hosting account.
Art. 6.6. The use of online form for sending e-mails is only done trough secure scripts to which access is restricted by password or anti-robot systems. Failure to comply with these provisions leads to the disabling of the scripts or account suspension.
Art. 6.7. Pornography or any other material with sexual or obscene content, links related to pornography are prohibited on our servers. I-HostYou reserves the right to decide regarding the legality of such sites.
Art. 6.8. Is not allowed the use the following scripts on our servers:
– Scripts for proxy or IRC;
– Scripts for Torrent Tracker or Torrent files;
– Scripts for Top and Statistics sites;
– PhpShell and similar command execution scripts;
– FormMail scripts types;
– Chat rooms;
– Scripts (commercial or not) that contain known security holes;
– Commercial Scripts (paid or free) not updated to the latest version available.
VII. USE OF RESOURCES
Art. 7.1. All accounts are monitored for resource usage on the server. If an account is using a large amount of resources, we will contact the client to discuss the issue. If an account is using a large amount of resources (memory, CPU), account may be suspended or script disabled without notice to the client, to maintain the smooth running of the server. In the case of web hosting “Shared Hosting” plans, will not be accepted under any case users that do a great resource consumption. I-HostYou oversees compliance with the above terms by monitoring the resources used.
Art. 7.2. Clients can request a package upgrade or a temporary increase in the allocated resources. It’s client sole responsibility to contact us in advance of requiring extra resources to prevent account suspension. In some cases, accounts are automatically suspended when their resource limits is reached, the reactivation will require manual intervention on our part.
Art. 7.3. If the beneficiary monopolize system resources and prevent the services provision of other clients (25% or more of system resources for 60 seconds or longer), the provider reserves the right to suspend the hosting account without any notification.
Art. 7.4. If you are using cron-job on your web hosting account, please note that we do not allow cronjob running at a frequency of less than 15 min. Scripts that will consume more resources will be disabled.
Art. 8.1. We reserve the right to impose hardware restrictions in the use of I-HostYou servers without any prior notice in case of known security problems that can lead to malfunction of servers or operation of the programs installed on the server.
Art. 8.2. E-mail messages sent from our servers are limited by the method of sending:
– Messages sent via sendmail, the function mail (): 500 / hour equivalent of 12.000 / day;
– Messages sent via SMTP: 500 / hour equivalent of 12,000 / day.
Art. 9.1. Backups are made by us daily. However we do not offer any guarantee for the integrity of backups. We advise all clients to create and download their own backups from the control panel as a zipped archive containing backups of all data and databases of the account.
Art. 9.2. The main purpose for which we make these backups is to prevent data loss in case of hardware or software failures. If you want to recover your data from our own backup you will have to pay a restoration fee, the amount of which will be communicated when requesting a backup restoration.
X. CLIENT RESPONSIBILITIES
Art. 10.1. Client is responsible to update the contact information in the control panel, client panel and billing data when necessary. We cannot be held responsible for communication mixup as a direct result of the client failure to update his details.
Art. 10.2. Client is responsible for maintaining the security of usernames, passwords and other sensitive information. If there is any doubt in this regard, the client must modify or request modification of authentication details by contacting the support team.
Art. 10.3. Client is bound to keep updated (update or patch), to the last version of the commercial or free scripts used on I-HostYou servers. Also, the client has the obligation to update scripts used within 24 hours from the notification received from I-HostYou. Otherwise I-HostYou reserves the right to remove or block access to content without prior notice.
XI. LIMITED LIABILITY
Art. 11.1. We are not responsible for damage caused by temporary unavailability of our servers, for any reason which causes this. This includes damages arising from deterioration or loss of data. Client agrees to guarantee and consider us not guilty from any claims, damages, including, without limitation to that, damages caused to third parties arising as a consequence of using the services that caused damages to our client.
Art. 11.2. I-HostYou offers free technical support to all his clients to ensure smooth functioning of the offered services.
Art. 11.3. I-HostYou is not responsible for the withdrawal of certain scripts provided free of charge and does not support these scripts.
XII. GENERAL TERMS
Art. 12.1. If for any reason you are not satisfied with the services we offer please contact us and tell us and tell us what is the problem to solve it. If we can’t solve the problem and you want to discontinue the contract you can inform us of this and you will then receive the money paid in advance for our web hosting services. Payment for domains name registration or other related services will not be returned.
Art. 12.2. For customers who violate the terms specified in this document, it is up to our company if it offers or not the money back for the remaining time period paid for our services.
Art. 12.3. We will allocate all necessary resources in investigations concerning the violation of systems or network security, and we will cooperate with the authorities in the investigation of crimes. Customers who violate these terms may be taken responsible by law.
Art. 12.4. For customers with multiple accounts, we reserve the right to suspend all accounts in case the owner of the main account violates these terms in a manner deemed by us to be very serious.
Art. 12.5. We are the sole judge as to what constitutes a violation of the terms and conditions above. Non-compliance with the above terms and conditions is ground for suspension or deactivation of the account.