I. OBLIGATIONS OF PARTIES
1.1. The service provider undertakes:
a) The Provider undertakes to provide the rental services of the web space in the Internet network, with a minimum monthly presence in the network of 98.9% for the actual duration of this contract.
b) The Provider undertakes to provide assistance by email or web interface throughout the duration of this contract as well as by telephone in emergencies.
c) The Provider undertakes to protect the confidentiality of the password associated with the beneficiary's account.
d) To use all the means at its disposal (as far as possible) to satisfy its client, by ensuring the safest and most stable professional environment.
1.2. The Beneficiary of the services undertakes:
a) To pay to the service provider the price established by the contract
b) Not to use or to allow the use of the services provided by the provider for illegal purposes under the Romanian legislation, as well as the state in which the service offered is in force during the term of this contract. This includes, but is not limited to: infringing, obscene or threatening material. The Beneficiary agrees that it is solely responsible for the misuse of any service provided with any effect whatsoever.
c) Not to impair in the use of the services the provider's or third-party computer system, not to promote illegal activities or the disclosure of potentially harmful information to the provider or third parties. Links to such sites are also prohibited. Unacceptable examples are and they are not limited to information, pages or links to pages that contain: Pirated Programs, Hacker Programs or Archives, Warez Sites, Music or Unlicensed Programs (mp3, etc.) Not to store or present in any form pornographic material within the space and services provided. Pornographic material also means possible links to other sites with adult material.
d) Do not run programs whose execution time lasts more than 5 minutes without the provider's agreement. Do not consume server resources, processor time, memory, hard disk access, more than 90% over a long period of time, and which would affect the proper functioning of the server without the provider's consent. Do not send unsolicited email (SPAM). Do not send mass mail messages without the provider's agreement. Do not use the hosting subscription for purposes other than hosting and email without the provider's agreement, examples of inappropriate use would be: IRC programs, Internet proxy access through the server, webcrawler applications, port scanning or vulnerabilities.
e) Maintain the confidentiality of the user's name and password and immediately notify the service provider of their finding by any third party.
f) To not impair in any way the image of the service provider and its services.
g) If the beneficiary monopolizes the resources of the system and block the providing of services to other clients, the contract shall be terminated after a prior notification, without the return of the payments made to the Provider
II. PENALTY CLAUSE
2.1. In case of default of any of the obligations of this contract by the customer, the supplier may consider the contract terminated as of right and without formal notice. Termination will take effect within 5 days of the date of notification to the beneficiary by the provider of the reasons for termination.
III. TERMINATION OF THE CONTRACT
3.1. This contract ceases without the need for the intervention of an arbitral/judicial court, if one of the parties: within 3 days from the date of receipt of the notification that it was brought to his attention that he did not executed or improperly executes any of its obligations.
3.2. The party invoking a cause for termination of this contract shall notify the other party at least seven days before the date on which termination is to have effect.
3.3. Termination of this contract will not have any effect on the obligations already existing between the contracting parties.
IV. MAJOR FORCE
4.1. None of the contracting parties shall be responsible for the non-execution of the term and the improper execution -total or partial- of any obligation which is based on this agreement, if the failure to execute or execute improper the obligation was caused by force majeure, as defined by the law.
4.2. The part that invokes the force majeure is required to notify the other party within 3 days, the occurrence of the event and to take all possible measures in order to limit its consequences.
4.3. If, within 3 days, the event does not cease, the parties have the right to notify the termination of this Agreement without any right to claim any damages.
5.1. In the acception of the contracting parties, any notification by one of them shall be valid if it is transmitted to the headquarters provided in the introductory part of this contract or to the e-mail address.
5.2. If the notification is made by post, it will be sent by registered mail with acknowledgement of receipt and deemed to have been received by the addressee date mentioned by the receiving postal office on this confirmation.
5.3. If the notification is sent by telex or fax, it shall be deemed to have been received on the first working day after the one in which it was dispatched. Verbal notifications shall not be taken into account by any party, unless confirmed by one of the ways provided for in the preceding paragraphs.
6.1. The parties have agreed that all disagreements regarding the validity of this contract or resulting from its interpretation, execution or termination be settled amiably by their representatives. If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.
VII. FINAL TERMS
7.1. The amendment of this contract is only made by an addendum concluded between the contracting parties.
7.2. This contract, together with its annexes, which form an integral part of its contents, represents the will of the parties and removes any other verbal understanding between them, prior or subsequent to its conclusion.
7.3. In the event that the parties breach their obligations, the failure to exercise the right to demand the execution of the obligation exactly or by the equivalent of that obligation does not mean that it has waived this right.
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