Terms of Service.

General framework

INTERKVM HOST SRL (hereinafter “ZetServers”), through the websites “ZetServers.com” and “ZetServers.net” (collectively referred to as the “Website”), with the following details:

• Tax ID (C.U.I.): 42390138
• Trade Register No.: J2020000327022
• VAT Code: RO42390138
• Registered office: Lipova, Arad, Romania, Emanoil Gojdu Street no. 1

CONTACT

E-mail:

• [email protected] – general technical support;
• [email protected] – abuse reports and breaches of policies/laws;
• [email protected] – critical infrastructure issues;
• [email protected] – payments and billing;
• [email protected] – sales;
• [email protected] – communication with authorities.

Legal framework

The terms presented below have contractual value and are governed by the provisions of the following legal acts:

• REGULATION (EU) 2019/1150 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services;
• REGULATION (EU) 2022/2065 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act);
• DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council;
• LAW no. 365 of 7 June 2002 (republished) on electronic commerce;
• LAW no. 50 of 18 March 2024 establishing measures for the application of Regulation (EU) 2022/2.065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), as well as for amending and supplementing Law no. 365/2002 on electronic commerce;
• DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (E-Commerce Directive).

Definitions

• “consumer” means any natural person acting for purposes outside their trade, business, craft, or profession;
• “trader” means any natural or legal person, whether public or private, acting, including through any other person acting in their name or on their behalf, for purposes relating to their trade, business, craft, or profession;
• “illegal content” means any information which, in itself or by reference to an activity, including the sale of products or the provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law;
• “distance contract” means any contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
• “general terms and conditions of use” means all clauses, regardless of their name or form, that govern the contractual relationship between the provider of intermediary services and the recipients of the service and that are unilaterally set by the service provider;
• “recipient of the service” means any natural or legal person who uses an intermediary service, in particular for the purpose of storing information or making it accessible.

Preamble

4.1. This contract defines the framework under which ZetServers agrees to provide products and services to its customers and users. It represents an agreement between INTERKVM HOST SRL and its customers. All customers and users of the services are subject to these terms and conditions, so the use of INTERKVM HOST SRL services implies acceptance of and compliance with the Terms and Conditions of Use of the services offered by INTERKVM HOST SRL.

4.2. By completing the order form and checking the box “I agree with the Terms and Conditions”, the customer declares that:

• They have read, understood, and fully accept the Provider’s Terms and Conditions.
• The customer warrants and declares that they are a natural person at least 18 years old or a legal entity validly registered under applicable law.
• They provide correct, complete, and up-to-date information in the order form, including: personal data (name, address, Personal Numeric Code/CNP or equivalent), payment information (card, bank account, etc.) and any other information necessary for the provision of services.
• They are responsible for the accuracy and truthfulness of the data and understand that the Provider is not liable for errors caused by incorrect or incomplete information.
• They undertake to comply with all legal obligations regarding the use of the services and not to use servers for illegal or abusive purposes or to infringe third-party rights.
• They are responsible for maintaining the confidentiality of the account and passwords and for immediately reporting any unauthorized use.

Amendment of the terms and conditions

5.1. The Provider may amend the terms and conditions of this contract.

5.2. Amendments will be notified to the user through a visible message on the online platform, such as a pop-up or another clear and effective mechanism, at least 15 days before entry into force. Failure to respond or continued use of the Website after this period expires is considered tacit acceptance of the amendments, according to Article 3 of Regulation (EU) 2019/1150.

5.3. The “Last updated date” stated at the beginning of the document will be updated for transparency.

5.4. Each subsequent access to the Website constitutes confirmation of acceptance of the updated terms and conditions, according to Article 3 of Regulation (EU) 2019/1150.

5.5. It is the customer’s responsibility to periodically check this page to be aware of the latest version of the Terms and Conditions.

5.6. The 15-day notice period does not apply where the Provider is legally or regulatorily required to amend the terms and conditions immediately or in exceptional situations, such as protecting the services, users, or third parties against fraud, malware, spam messages, data security breaches, or other cyber risks.

Order, payments and billing, contract value and payment

6.1. ZetServers services are available through subscription plans for 1, 3, 6, 12, or 24 months. These subscriptions are intended exclusively for personal use and may not be shared, resold, or distributed without prior approval.

6.2. Prices are displayed on the Website and may be changed without prior notice. However, existing subscriptions will keep the initial price for the entire duration of their validity.

6.3. All payments are made in advance and do not include any additional processing fees.

6.4. By accepting the terms and conditions, the Customer agrees to pay in advance for the services for the period during which they are provided.

6.5. Services are provided exclusively on the basis of advance payment for the selected period (for example, 1 month or several consecutive months). Access to services is permitted only for the period for which payment has been made.

6.6. If the service/subscription price is not paid, the user’s access to services will not begin / will be suspended until full payment is made.

Description of the services offered

ZetServers provides web hosting and infrastructure services, including, without limitation:

• Shared web hosting (where applicable): hosting accounts for websites and applications, with allocated server resources and management tools.
• Virtual Private Servers (VPS): virtualized server instances with assigned CPU, RAM, storage and network resources, accessible remotely for administration by the Customer.
• Dedicated servers: physical servers allocated exclusively to one Customer, offered with configurable hardware options, operating system installation, remote management access (where available), and optional add-ons.
• Cloud hosting / cloud compute (where applicable): scalable compute resources and related services that can be provisioned and adjusted based on usage and availability.
• Storage services: data storage solutions (e.g., block/object/storage space) for backups and general data retention, subject to capacity and performance limits of the selected plan.
• Colocation (where applicable): rack space, power, connectivity and related facilities services for Customer-owned equipment hosted in ZetServers or partner data centers.
• Domain-related services (where applicable): domain registration, renewal, transfer and DNS management, where offered through accredited registrars or partners.
• IP services and network features: assignment of IPv4/IPv6 addresses, routing and connectivity, traffic management, and optional DDoS protection or filtering services (where available).
• Managed services and support (optional): technical assistance, monitoring, updates, hardening, migration support, and other professional services, depending on the purchased service level.

The exact technical specifications, resource limits, service availability, included features, and any usage restrictions are those displayed on the Website and/or in the applicable order, plan description, or service level terms at the time of purchase, and may vary by product, location, and package.

Obligation to register on the Website and identity verification

8.1. When creating an account and/or before activating any services, the User is required to provide real, complete, and up-to-date information regarding their identity. Depending on the nature of the account and the risk assessment, the Provider may request the following data:

• full name / company name and identification details;
• e-mail address, phone number, billing address;
• For natural persons: a valid identity document (ID card/passport);
• For legal entities: certificate of registration, legal representative details and/or power of attorney;
• any other information necessary to verify identity.

8.2. Verification methods
The Provider may use automated or manual verification procedures, including:

• validation of identity documents;
• video or photo checks to confirm identity;
• checks via external services specialized in digital onboarding;
• additional checks required by regulations on fraud prevention, cybersecurity, or, where applicable, KYC/AML rules.

8.3. Updating data
The User is required to update their data immediately when it changes; failure to do so entails the User’s liability.

User account, security and integrity of services

9.1. The User is fully responsible for the confidentiality of authentication data (username, password, etc.) and for all activities carried out through their account, whether performed with or without their consent. The User must use strong passwords and implement two-factor authentication (2FA) when available.

9.2. The User undertakes to immediately notify ZetServers of any unauthorized access, suspected account compromise, loss of authentication data, security breach, unauthorized access to services, or any improper use of hosting resources. Notification must be sent immediately after the User becomes aware of the incident.

9.3. The User undertakes to properly log out of their account after each session and not to leave the account open on public or unsecured devices.

9.4. The Provider is not responsible for any loss or damage of any kind suffered by the User as a result of:

• failure to comply with account security obligations;
• disclosure, loss, or compromise of the password;
• unauthorized use of the account by third parties;
• installation or use by the User of applications/vulnerabilities that endanger the security of the services.

9.5. The Provider reserves the right to temporarily or permanently block access to the account, password, hosting resources, associated services, or stored content in the following situations:

• suspicion of unauthorized access, fraud, abuse, or security compromise;
• use of services in a way that may affect the Provider’s infrastructure or other users;
• breach of contractual obligations or usage policies;
• failure to complete identification procedures (KYC), if required;
• non-payment of services or serious breaches of the Terms and Conditions.

9.6. Suspension may be applied immediately, without prior notice, if the situation represents a risk to the Provider’s systems.

9.7. The Provider may disable or delete the User’s account together with all associated information, files, and data in any of the following situations:

• the User’s express request;
• breach of the terms and conditions;
• use of services for illegal, fraudulent purposes or contrary to the Provider’s policies;
• failure to pay for services within the established term;
• the need to protect infrastructure or other users in case of immediate security risks.

9.8. The Provider is not liable to the User or to third parties for suspending, blocking, restricting access, disabling, or deleting the account in any situation where such measures are necessary or justified under the terms and conditions.

Contract termination and contract rescission

10.1. The Client has the right to terminate (end) the contract, for justified and well-founded reasons, by sending a written termination request to ZetServers at least 14 days before the expiration of the contractual period, and the amounts paid will not be refunded, except as provided in Sections 11.2 and 11.7 to 11.10.

ZetServers reserves the right to unilaterally terminate the contract with a client, with prior notice, in any of the following cases:

• Non-payment of services: if the client does not pay the issued invoices within 7 days from the due date (or within the term specified in the invoice if different) and the delay persists, ZetServers may decide to suspend and subsequently terminate the service for non-payment.
• Serious or repeated breach of the Terms and Conditions: If the client seriously breaches the provisions of this agreement (e.g., involvement in illegal activities, mass spam, cyberattacks, etc.) or repeatedly breaches the Terms and Conditions (even after having been previously warned), the Provider may terminate the contract. Depending on the severity, termination may be immediate (especially for serious breaches that endanger the infrastructure or other users).
• Illegal or abusive activities: If it is found that through the provided services the client carries out illegal activities (e.g., phishing, distribution of illegal content, cyber fraud) or abusive activities that affect the integrity and performance of the offered services (e.g., using the service to attack other systems, intentionally overloading servers, etc.), the contract may be unilaterally terminated by the provider. Such situations also constitute grounds for immediate suspension prior to termination, in order to limit damages.

10.2. In the event of termination initiated by the Provider for reasons attributable to the client (such as the above), amounts paid in advance by the client will not be refunded, and the client may be liable for damages caused to the provider and/or third parties by their actions.

• Automatic termination upon expiry: If a service reaches its expiration date and has not been renewed, the contract is deemed terminated by operation of law on the expiration date of the paid period. From that date, the provider will suspend the service and has the right to permanently delete all data associated with that account, without further notice and without any obligation to the client.

Refund policy

11.1. Nature of the services. ZetServers services are provisioned and allocated to the client as soon as an order is paid. Due to the nature of this business, the resources reserved for a client cannot be recovered or resold once delivered, including:

• physical servers, CPU, memory and storage dedicated to the client’s order;
• IPv4 addresses, network capacity and DDoS mitigation capacity assigned to the service;
• bandwidth and other resources consumed from the moment of activation;
• software licences, setup work and third-party costs incurred on the client’s behalf.

11.2. 24-hour refund on a client’s first service. A client’s first service ordered from ZetServers may be refunded if the client requests it by opening a support ticket within 24 hours of the service being activated. This refund is granted once per client, regardless of how many accounts the client holds. Later orders, renewals, upgrades and add-ons do not qualify, and neither does a service suspended or terminated for breach of these Terms and Conditions. The refund is made to the original payment method; a service paid from account credit is refunded as account credit.

11.3. Non-refundable payments. The following are never refunded, including within the 24-hour period set out in 11.2:

• add funds invoices (payments that add credit to the client’s account balance);
• payments made in cryptocurrency.

11.4. No other refunds. Except as set out in 11.2, all amounts paid to ZetServers are final and non-refundable, in whole or in part, including for unused periods, regardless of when or why the service is cancelled or terminated. A service cancelled by the client remains available until the end of the period already paid.

11.5. Before ordering. Clients are encouraged to contact the ZetServers sales team with any technical questions before placing an order, and to start on a one-month billing term to confirm the service meets their needs before committing to a longer term.

11.6. Nothing in this section limits any rights the client has under mandatory provisions of applicable law that cannot be excluded by contract, including the right of withdrawal of consumers set out in 11.7 to 11.10.

11.7. Right of withdrawal for consumers. A client who is a consumer has the right to withdraw from the contract within 14 days without giving any reason, in accordance with Directive 2011/83/EU and Government Emergency Ordinance no. 34/2014. The withdrawal period expires 14 days after the day on which the contract is concluded. This right does not apply to clients acting as traders.

11.8. Start of the service during the withdrawal period. Services are activated as soon as the order is paid. By completing the order form and checking the box “I agree with the Terms and Conditions”, a consumer expressly requests that the service starts during the withdrawal period. If the consumer then withdraws from the contract, they pay an amount proportionate to the service provided until they informed ZetServers of the withdrawal, compared with the full coverage of the contract, and the rest of the amount paid is refunded.

11.9. How to withdraw. To exercise the right of withdrawal, the consumer must inform ZetServers of the decision to withdraw by an unequivocal statement, sent by e-mail to [email protected] or through a support ticket, before the withdrawal period expires. The consumer may use the model withdrawal form below, but it is not obligatory:

• To: INTERKVM HOST SRL, Lipova, Arad, Romania, Emanoil Gojdu Street no. 1, e-mail: [email protected]
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
• Ordered on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.

11.10. Refund after withdrawal. ZetServers refunds the amounts due under 11.8 without undue delay, and in any event within 14 days of being informed of the withdrawal, using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise. The consumer does not incur any fees as a result of the refund. For consumers, 11.7 to 11.10 prevail over 11.2 to 11.4.

Applicable law and dispute resolution

12.1. This distance contract is governed by Romanian law, in particular the Civil Code and the special laws applicable to electronic commerce, hosting services and consumer protection, as well as European Union Regulations.

12.2. Any dispute arising between the provider and the client shall be settled amicably, in a spirit of cooperation. If an amicable settlement is not possible, territorial jurisdiction lies with the courts within the jurisdiction of ZetServers’ registered office (currently Lipova, Romania).

12.3. Dissatisfied consumers may also file a complaint with the National Authority for Consumer Protection (ANPC). However, we value the opportunity to resolve any issues directly and encourage you to contact us first regarding any dissatisfaction related to the services.

Limitation of the Provider’s liability

13.1. The Provider makes all efforts to deliver quality services, but cannot be held responsible for direct or indirect damages caused by the temporary unavailability of servers, regardless of the reason. This limitation includes, without limitation, loss of data, data corruption, or interruptions in the client’s business activity arising from downtime or technical issues. The Provider is also not responsible for damages caused by corruption or deletion of data hosted on its servers.

13.2. Services are provided to the client on an “as is” and “as available” basis, without any express or implied warranty by the Provider regarding fitness for a particular purpose or uninterrupted operation.

13.3. In any situation in which, in practice, the Provider would be found liable to the client for any damage related to the use of the services, the Provider’s total liability is limited to the amount of fees paid by the client to the provider for the affected service over the period during which the damages occurred. The client understands and accepts this clause.

13.4. The Provider assumes no liability for failure to perform its obligations if due to force majeure or fortuitous events (including, without limitation: natural disasters, armed conflicts, severe cyberattacks, widespread power outages or communications network interruptions, government restrictions, etc.). In such cases, affected obligations will be suspended for the duration of the force majeure event and will resume normally after it ends.

Communication with clients

14.1. Any communications or notices made by the parties under this contract shall be made as follows:

• a) for the provider: to the e-mail address: [email protected]
• b) for the user: to the e-mail address used when creating the account.

14.2. Any change to the user’s e-mail addresses mentioned above shall be communicated to the other party within 2 days from the change, and any change to the provider’s e-mail addresses will be publicly communicated on the Website.

Liability for content and notice procedure

15.1. ZetServers acts exclusively as a provider of intermediary services within the meaning of Article 3 of Law no. 50/2024 and Article 6 of Regulation (EU) 2022/2065 (DSA).

15.2. ZetServers has no legal obligation to monitor content uploaded by users of the service, nor to actively seek illegal activities (Article 8 DSA).

15.3. Liability for uploaded content rests exclusively with the user of ZetServers services. ZetServers becomes liable only if:

• a) it receives a valid notice that precisely identifies the illegal content (IP + full URL, file path, port, etc.);
• b) it has actual knowledge of the illegal nature;
• c) it does not act promptly to remove or disable access to the illegal content.

15.4. Notices regarding alleged illegal content or content infringing intellectual property rights shall be sent exclusively to: [email protected]

15.5. Notices regarding the provision of illegal content by users of ZetServers services must include cumulatively the following (Article 16 DSA):

• a clear and sufficiently detailed explanation of why the content is considered illegal, with reference to the legal provision or right infringed (a generic mention such as “piracy” or “illegal content” is not sufficient);
• the exact location of the allegedly illegal content (full URL, port, or other technical data that allow immediate and precise identification of the content. Simply indicating an IP address may lead to rejection of the Notice);
• the full name/company name and a valid e-mail address of the natural or legal person submitting the notice;
• an express statement, on their own responsibility, confirming that the information provided is accurate and complete and that the notice is submitted in good faith.

In the absence of any of these elements, the notice will be considered incomplete and will not be reviewed, and will be rejected as non-compliant. ZetServers reserves the right to request additional information and/or supporting documents.

15.6. In the case of a valid notice, ZetServers will act without undue delay, depending on the severity and urgency of the reported situation. Action may include blocking access to the indicated content. In any case, the user will be informed of the measures taken.

15.7. The user notification will be made immediately, without undue delay, and will include (Article 17 DSA):

• the measure taken;
• the legal/contractual basis;
• relevant facts;
• the duration of the restriction;
• the possibility to contest the decision.

15.8. The user affected by the measure may contest ZetServers’ decision by sending a request to: [email protected]

15.9. The contestation must include: identification of the user/account, the contested decision (date, service/IP/URL, etc.), factual and legal grounds, and any relevant evidence.

15.10. The contestation may be submitted within 30 days from the date the decision is communicated to the user.

15.11. ZetServers reviews the contestation without undue delay and communicates a reasoned solution to the user by e-mail.

15.12. Depending on the situation, ZetServers may maintain, amend, or revoke the measure; the amended and/or revoked decision will be communicated to the notifier.

15.13. Submitting a contestation does not automatically suspend the measure, unless ZetServers expressly decides otherwise.

15.14. Orders issued by competent judicial or administrative authorities are executed with priority, immediately, without prior notice to the user (except where the order provides otherwise). Confirmation of execution is sent to the issuing authority within the indicated timeframe.

15.15. Cooperation with ISP service providers:

• reports received from ISP service providers will be processed according to the same procedure above. Suspension of an IP or a service provided to ZetServers users will be carried out only if the report contains the mandatory elements set out in point 15.5.
• failing this, the report is considered non-compliant and does not oblige ZetServers to take any measure.

15.16. In the case of real and immediate threats to network and infrastructure security, ZetServers reserves the right to take proportionate and temporary technical measures without prior notice, solely to protect the network and other users.

User rights and obligations

16.1. The User has the right to use the contracted services in accordance with the technical specifications and limits of the chosen plan.

16.2. The User has the right to technical support according to the contracted service level and the availability of the provider’s infrastructure.

16.3. The User is solely responsible for content uploaded, stored, or transmitted through ZetServers services. By accepting the terms and conditions, the client declares and warrants that they hold all necessary rights or legal authorizations for any uploaded material.

16.4. The User undertakes to comply with Romanian and European legislation in force, including, without limitation:

• Law no. 8/1996 on copyright and related rights;
• Law no. 506/2004 on personal data processing and protection of privacy in the electronic communications sector;
• Regulation (EU) 2016/679 (GDPR);
• Any other regulation regarding illegal content.

16.5. The User must not use the services for:

• infringement of copyright or other intellectual property rights;
• distribution of illegal content (child pornography, incitement to hatred, terrorism, etc.);
• cyberattacks, spam, phishing, malware, or any other activity that affects network security;
• terrorist content within the meaning of Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online, including content that incites, solicits or provides instructions for committing terrorist offences;
• phishing or spoofing, including impersonating other persons, brands or organizations, and forging e-mail headers or sender addresses, IP addresses or DNS records;
• botnets and command-and-control (C2) infrastructure, including operating, controlling or hosting any part of a botnet, or distributing the malware used to build one.

16.6. The User must keep access data confidential and immediately notify ZetServers in case of compromise.

16.7. In case the account is suspended or terminated for serious violations, the client is not entitled to a refund for the remaining unused period.

Provider rights and obligations (ZetServers)

17.1. ZetServers has the right to suspend or immediately terminate any service in case of breach of the terms and conditions or applicable law, without prior notice in urgent situations or upon authorities’ orders.

17.2. ZetServers has the right to unilaterally modify prices and technical specifications of the services, with at least 30 days’ prior notice (except in cases of force majeure or orders by authorities).

17.3. ZetServers is obliged to ensure service availability and provide technical support according to the configuration chosen by the user.

17.4. ZetServers does not guarantee and is not responsible for:

• content uploaded by clients;
• interruptions caused by DDoS attacks or other events beyond its reasonable control;
• data loss in the absence of an active backup service enabled and paid for by the client.

17.5. ZetServers reserves the right to cooperate with competent authorities and provide customer information in cases provided by law, without prior notice.

17.6. ZetServers’ total liability for any direct damages is limited to the amount paid by the client in the last 12 months for the respective service.

Personal data protection

18.1. ZetServers processes personal data in accordance with Regulation (EU) 2016/679 (GDPR). Full details regarding the processing of your personal data are available in the Privacy Policy: zetservers.com/privacy-policy

18.2. Where ZetServers processes personal data on behalf of the client as part of the services, such as data stored on servers, it acts as processor, and the Data Processing Agreement available at zetservers.com/data-processing-agreement applies and forms an integral part of these Terms and Conditions.

Hosting since 2010 · operating entity

Legal entity

INTERKVM HOST SRL

Registered address

str. Emanoil Gojdu nr. 1, Lipova, jud. Arad, Romania

VAT ID

RO42390138

Reg. No

J2020000327022

Network

AS 25198

Support

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