Terms of Service

These terms form a binding agreement between the client and SC FIVE CYBER HOST SECURITY SRL. Using any Five-Host service implies full acceptance of these terms and conditions.

I. General conditions — definitions

Art. 1.1 — This page contains the terms and conditions for using the services offered by FIVE CYBER HOST SECURITY SRL through Five-Host.Com (https://five-host.com).

Art. 1.2 — The terms below have contractual value and are governed by Romanian law: Government Emergency Ordinance 34/2014 on consumer rights in contracts with professionals, Law No. 365/2002 on electronic commerce and Law 193/2000 on unfair terms in consumer contracts.

Art. 1.3 — Five-Host.Com Romania is represented by FIVE CYBER HOST SECURITY SRL: CUI 41758330 | J34/574/2020, Scrioaștea, Teleorman County, Str. Eternității 14, Romania. RAIFFEISEN BANK: RO06RZBR0000060021365214.

Art. 1.4 — You can contact us ONLY via ticket, by phone at 0760 054 225, livechat, or e-mail at admin@five-host.com. We are not responsible for FAKE accounts created under our name, or for people claiming to belong to the FIVE HOST network.

Art. 1.5 — Five-Host.Com is a provider of hosting, design and related services generically described as "data processing, web page administration and related activities, IT and internet services".

• User — any natural or legal person using Five-Host services.
• Client — any natural or legal person placing an order.
• Order — a request addressed to Five-Host for services or domain registration.
• Services — any services offered on the Five-Host website (www.five-host.com).

II. Introduction

Art. 2.0 — This document defines the framework under which Five-Host agrees to provide products and services to its clients and users, and represents an agreement between Five-Host and its clients. All clients and users are subject to these terms; using Five-Host services implies acceptance of and compliance with these Terms and Conditions of Use.

Art. 2.1 — Five-Host reserves the right to modify this document. Changes are published on this page and, for significant changes, clients are notified by e-mail or through the client area before they take effect. If a client does not agree with the changes, they have the right to terminate the services without penalty before the changes take effect; continued use of the services after that date constitutes acceptance of the new terms.

III. Orders, payments and invoicing

Art. 3.0 — All orders are placed online on the Five-Host website (https://five-host.com). Clients undertake to submit complete, correct and truthful information. Five-Host cannot be held liable in any way for inconvenience caused by incorrect or incomplete information provided by clients.

Art. 3.1 — The client must read the Personal Data Protection notice before continuing the order process and submitting data to Five-Host.

Art. 3.2 — After completing an order, a proforma invoice is automatically sent to the e-mail address provided. It contains all information needed to make the payment and is available online in the client area. The proforma invoice has no accounting value.

Art. 3.3 — The client agrees to pay for our services in advance, for the period in which they are provided.

Art. 3.4 — All proforma invoices are sent by e-mail, with a printable version available in the control panel. Clients must pay the invoice in advance, at the start of each billing period, within 5 working days from the date the proforma invoice is issued.

Art. 3.5 — After payment is received, the fiscal invoice is issued and sent electronically as a PDF by e-mail, in accordance with Romanian fiscal legislation (GEO no. 106/2007 amending Law no. 571/2003 on the Fiscal Code).

Art. 3.6 — Fiscal invoices are also available as PDF in the client area, under "Invoices".

Art. 3.7 — Five-Host recommends confirming bank payments by sending proof of payment to admin@five-host.com. Services are available immediately after the proforma invoice is paid, but activation may take up to 1–6 hours from payment confirmation.

Art. 3.8 — Suspension: we reserve the right to suspend any account 1 day after the proforma invoice due date if payment has not been made, after prior notification of the client by e-mail (the proforma invoice and automatic non-payment notices constitute notification). Any extension of the payment term is at our discretion.

Art. 3.9 — Account deletion: we reserve the right to permanently delete all data of hosting accounts or services 5 days after the proforma invoice due date if payment has not been made and the client has been notified in advance by e-mail. Any extension of this term is at our discretion; the client is responsible for downloading their data before this term expires.

Art. 3.10 — Payment (direct or bank transfer): all invoices and direct or bank-transfer payments to Five-Host are processed in RON. Prices displayed on this website are in EUR and are converted at the National Bank of Romania (BNR) exchange rate on the day the proforma invoice is issued.

Art. 3.11 — Online payment (PayPal, prepaid card, SMS or card): SMS and online card payments are processed through www.mobilpay.ro and are subject to its terms and conditions.

IV. Domain registration

Art. 4.0 — Domains are registered after payment confirmation for the registration services, regardless of the domain type (.ro, .eu, .com, etc.). If payment was made via PayPal, PaySafeCard, SMS or online card, the invoice is confirmed automatically.

Art. 4.1 — For Romanian or international domains, data is transmitted to the issuing authorities (ROTLD, ICANN, EURid or other international authorities). The rules for displaying personal data belong to those authorities. For domains processed through eNom, the owner's data can be hidden via the paid ID Protect option.

Art. 4.2 — .EU domains: Five-Host provides registration, renewal and transfer of .EU domains in accordance with the rules of EURid (European Registry of Internet Domain Names); registering a .EU domain implies reading and accepting all EURid rules.

Art. 4.3 — International domains: Five-Host provides registration, renewal and transfer of international domains through its partnership with eNom, in accordance with the rules of each TLD administrator (.COM, .NET, .ORG, .BIZ, .INFO, .US, .IN, .NAME, etc.).

Art. 4.4 — Free domains (.GA, .CF, .TK, .EU, .COM, etc.) are offered only with Metin2 hosting services, depending on the chosen package, and are activated only following a client order.

V. Right of withdrawal and refunds

Art. 5.0 — Right of withdrawal (consumers): in accordance with GEO 34/2014, consumers (natural persons) have the right to withdraw from the contract within 14 calendar days of its conclusion, without penalties and without giving any reason. The refund is made within a maximum of 14 days from the communication of the withdrawal decision, using the same means of payment used for the order, unless the client expressly agrees to another method (for example, credit in the client account). No fees are charged for exercising the right of withdrawal.

Art. 5.1 — Exceptions to the right of withdrawal (under art. 16 of GEO 34/2014):

• services fully performed, where performance began with the consumer's prior express consent and the consumer acknowledged losing the right of withdrawal once the service is fully performed;
• domain name registration and other personalised services made to the client's specifications (including installation and maintenance services already performed);
• digital content delivered (serverfiles, resources, licences) whose performance began with the consumer's prior express consent.

By placing an order for instantly-activated services, the client requests and expressly consents to the immediate start of the service.

Art. 5.2 — Withdrawal or refund requests are submitted via ticket from the client account, for correct identification of the service and fast processing.

Art. 5.2.1 — For services partially used before withdrawal, the refunded amount is calculated proportionally to the remaining period: price per day = price / 28 days, multiplied by the number of days remaining until the service expires.

Art. 5.2.2 — In case of downtime averaging more than 2% in a month, the client is entitled to compensation that cannot exceed the monthly value of the service. Compensation is granted at the client's request, as credit in the client account, deducted from the next invoice.

Art. 5.2.3 — No compensation is given for downtime caused by announced or unannounced maintenance or DDoS attacks. Compensation applies only when the downtime is our fault, calculated as: package price × downtime percentage (%).

Art. 5.2.4 — For business clients (legal persons, not covered by GEO 34/2014), Five-Host offers a commercial 14-day money-back guarantee granted as credit in the client account, applicable to standard hosting services; it does not apply to domains, dedicated servers, LIR services, installations or personalised services.

Art. 5.2.5 — Amounts voluntarily added to the client account as credit balance can be used to pay for any Five-Host service; they are not converted back to cash except where required by law.

VI. Use of services

Art. 5.3 — Five-Host services may be used only for lawful purposes. Any activity that may be considered illegal is strictly forbidden.

Art. 5.4 — Five-Host reserves the right to delete or block access to content on the site or the server without prior notice. The right to use the services is restored once the account holder returns to compliance.

Art. 5.5 — If a resold account breaches this document, we reserve the right to suspend it without prior notice to the reseller; the end user will not be contacted by us — the reseller (the Five-Host client) will be informed of the facts and our reasons.

Art. 5.6 — Storage use: the space provided may be used only for files belonging to the website (HTML files, documents, scripts, images, multimedia, e-mail) or related to the site or company activity. Storing files for filesharing, torrents, mass downloads etc. is not allowed.

Art. 5.7 — Our servers must never be used to transmit, store or publish illegal materials (under Romanian, EU and US law), including but not limited to:

• infringement of copyright or any other third-party right;
• materials or links to films, TV channels, mp3 or other media without proof of copyright;
• promotion of illegal activities (hacking, cracking, warez, etc.);
• threats, abuse, harassment, defamatory statements;
• materials meant to incite hatred or discrimination;
• adult content, nudity, pornography, or any sexual or obscene image or text;
• viruses, trojans or information/software about them;
• collecting personal information for illegal use, or personal data without the written consent of the persons concerned;
• any content we consider harmful or illegal.

Art. 5.8 — Anti-spam policy: sending commercial, advertising or bulk e-mail must comply with our conditions — opt-in lists only, with a working unsubscribe procedure published in every message, complete and truthful sender identification, and bulk sending only via authenticated SMTP (sendmail from CGI or PHP mail() is forbidden for bulk mail). Any confirmed complaint leads to immediate suspension of the account without prior notice.

Art. 5.9 — Sending unsolicited commercial messages (SPAM) to promote any website using our servers, or through other servers to promote a website hosted with us, results in suspension or cancellation of the hosting account with no right to a refund. A message can be considered SPAM even if it contains phrases like "This e-mail cannot be considered SPAM", if the sender identification is incomplete or incorrect, if you cannot prove the recipient's consent, if the unsubscribe procedure does not work, or if you use purchased or exchanged e-mail lists.

Art. 6.0 — On the first breach of the anti-spam rules, hosting services will be suspended or sending limited. Unblocking requires sending Five-Host, via ticket, a signed and dated declaration of responsibility confirming that the client has read, understands and agrees with the e-mail sending policies stipulated in this document.

Art. 6.1 — Online forms for sending e-mail may only use secured scripts protected by passwords or anti-robot systems. Non-compliance leads to script deactivation or account suspension.

Art. 6.2 — Pornography and any sexual or obscene material, including links related to pornography, are forbidden on our servers. Five-Host reserves the right to decide on the legality of such websites.

Art. 6.3 — The following scripts are not allowed on our servers:

• proxy or IRC scripts;
• nulled or cracked scripts;
• torrent tracker scripts or torrent files;
• top-list/statistics, file sharing, social network or free URL-shortener scripts;
• PhpShell and similar command-execution scripts;
• FormMail-type scripts and chat rooms;
• scripts with known security holes or not updated to the latest available version;
• streaming scripts.

VII. Resource usage

Art. 6.4 — Excessive resource consumption is forbidden on web hosting and reseller packages. Limits for Web hosting and Reseller web hosting: maximum CPU usage 10%, maximum RAM 256 M, maximum concurrent processes 20, maximum MySQL query time 10 seconds.

Art. 6.5 — All accounts are monitored for server resource consumption. If an account uses a very large amount of resources we will contact the client; in severe cases the account may be suspended or the script disabled without prior notice, to keep the server running properly. Heavy resource consumers are not accepted on shared web hosting and reseller packages.

Art. 6.6 — Clients may request a package upgrade or a temporary paid increase of allocated resources. It is the client's responsibility to contact us in time to avoid account suspension; in some cases accounts are suspended automatically when resource limits are reached and require manual reactivation by us.

VIII. Restrictions

Art. 6.7 — We reserve the right to impose hardware and software restrictions on Five-Host servers without prior notice, in case of known security issues that could cause server malfunction or exploitation of installed software.

Art. 6.8 — Apache/PHP limits and disabled functions on Web and Reseller packages: applications opening connection sockets (exec, shell_exec, socket_accept, etc.), opening external files (fopen, file_get_contents), upload_max_filesize 64M, memory_limit 128M, max_execution_time 60, max_input_time 300, post_max_size 64M, allow_url_fopen off, register_globals off, plus disabled system functions (system, exec, passthru, proc_open, popen, shell_exec, symlink, link, dl, syslog, pcntl_* etc.).

Art. 6.9 — E-mail sent from our servers is limited by sending method: 50 per day/hour via unauthenticated sendmail (mail() function) and 50 per day/hour via SMTP. Headers of messages sent without authentication cannot be rewritten.

Art. 6.9.1 — Outbound SMTP (port 25) restrictions: to protect our IP reputation and prevent spam, outbound e-mail on port 25 is blocked by default on all servers and VPS services. Exceptions are granted only on request, after review by our technical team; clients who need to send legitimate e-mail must open a support ticket to request whitelisting of their IP. We reserve the right to approve or reject such requests based on the client's history and a risk assessment.

Art. 7.0 — MySQL access and limits on Web and Reseller packages: MySQL Remote Access disabled, max_allowed_packet 1M, max_user_connections 8.

IX. Back-up

Art. 7.1 — We perform backups weekly. However, we offer no guarantee for backup integrity. We advise all clients to generate and download their own backups from the control panel, as an archive containing all account data and databases.

X. Client responsibilities

Art. 7.2 — The client is responsible for keeping contact and billing information up to date in the control panel and client area. We cannot be held liable for communication issues resulting directly from the client's failure to update this information.

Art. 7.3 — The client is responsible for keeping usernames, passwords and other sensitive information secure. In case of any doubt, the client must change or request a change of the login credentials by contacting the support team.

Art. 7.4 — The client can save the access log using the option available in the control panel; it contains the data of persons who accessed the site via HTTPS and/or FTP.

Art. 7.5 — The client must keep all commercial or free scripts used on Five-Host servers updated (or patched) to the latest version, and must update them within 24 hours of being notified by Five-Host. Otherwise, Five-Host reserves the right to delete or block access to the account content without prior notice.

XI. Communication with Five-Host clients

Art. 7.6 — Communication with clients takes place by e-mail, or by phone in urgent cases; support is provided only through the ticket system in the Five-Host client area. The client agrees to receive any information regarding services, proforma invoices, non-payment notices, service suspension or other communications related to Five-Host activity through any of these channels. Communication is limited to Five-Host services and will not have advertising purposes unless the client consents.

XII. Limited liability

Art. 7.7 — Five-Host's liability for direct damages caused by the temporary unavailability of our servers or by data corruption or loss is limited to the value of the affected service for the billing period in question, except in cases of intent or gross negligence on our part. Five-Host is not liable for indirect damages (loss of profit, loss of clientele, etc.). The client remains solely responsible for third-party claims arising from the way they use the services. Consumers' statutory rights are not affected by this clause.

Art. 7.8 — Five-Host provides free technical support to all clients to ensure the proper functioning of the services. Five-Host is not obliged to provide support for scripts, configurations, or general "how do I…?" questions.

Art. 7.9 — Five-Host is not responsible for providing website access logs to clients; these can be archived and downloaded by the client from the control panel.

Art. 8.0 — Five-Host does not offer technical or usage support for free scripts offered to clients, and reserves the right to discontinue them at any time without prior notice (including RVSitebuilder, the Fantastico package, etc.).

Art. 8.1 — Five-Host is not responsible for bugs existing on PREMIUM or STANDARD serverfiles; however, Five-Host can help you for FREE to fix some of the bugs on certain PREMIUM serverfiles, with a resolution time of up to 7 days.

Art. 8.2 — Five-Host undertakes to deliver and implement the extra options of all Metin2 services within a maximum of 7 days from their order, including: system implementations, item implementations, autopatcher installation and fixing of various bugs.

XIII. General terms

Art. 8.3 — If, for any reason, you are not satisfied with our services, please contact us and tell us what the problem is so we can solve it. If we cannot solve it and you wish to terminate the contract, you may inform us, but you will not receive money back for services paid in advance. Payments for domain registration or other related services are non-refundable.

Art. 8.4 — We will allocate all necessary resources to investigate violations of system or network security, and will cooperate with the authorities in case of offences. Clients who breach these provisions may be held criminally or civilly liable.

Art. 8.5 — For clients with multiple accounts or resellers, we reserve the right to suspend all accounts if the main account owner breaches these provisions in a manner we consider very serious.

Art. 8.6 — We are solely entitled to judge what constitutes a breach of the above terms and conditions. Non-compliance is grounds for suspension or deactivation of the account.

Art. 8.7 — Any disputes between the parties shall first be settled amicably. Consumers may address the Romanian National Authority for Consumer Protection (ANPC), use the alternative dispute resolution mechanism (SAL — anpc.ro/ce-este-sal) or the European online dispute resolution platform (ODR — ec.europa.eu/consumers/odr). Failing an amicable settlement, disputes fall under the jurisdiction of the competent courts of Romania.

Art. 8.8 — The client agrees not to spam via tickets. Any breach leads to the closure of the account and of all services, with no right to a refund.

Art. 8.9 — Any insults directed at our staff lead to the closure of the account and of all services, with no right to a refund.

Art. 9.0 — We reserve the right to block any person on social networks; support is provided only via tickets.

Art. 9.1 — Services offered by Five-Host.Com are activated instantly after payment. All services are delivered by e-mail.

XIV. Sponsorship rules

1 — The client agrees to use the account only for lawful purposes. Any use, or attempted use, that violates any local, state, federal or international law is unauthorised (e.g. hacking, cracking, port scanning, storage and distribution of pirated, copyrighted or pornographic materials, unsolicited advertising, hosting spam/scam websites).

2 — The package/service/domain received from Five-Host.Com cannot be transferred to another account of another active or inactive Five-Host.Com client.

3 — The package/service/domain offered by Five-Host.Com is called a SPONSORSHIP and cannot be sold or transferred to anyone other than the person it was allocated to by Five-Host.Com.

4 — Five-Host.Com reserves the right to close/delete a SPONSORSHIP package when it is no longer profitable or the client has removed the links/banners provided by Five-Host.Com.

5 — Any SPONSORSHIP must include a partnership through which the client undertakes to advertise Five-Host.Com in exchange for the package/service received.

6 — Five-Host.Com reserves the right to close/delete a SPONSORSHIP package when the administration team considers that it breaches any of the reasons above.

XV. Changes to the terms and conditions

We reserve the right to change the Terms and Conditions, hosting packages, prices and the website at any time. The client is obliged to read these terms before placing an order, or during the order process when asked to accept the terms and conditions ("I have read and agree with the legal Terms and Conditions of service delivery").