Termeni si conditii de utilizare("Termeni")

General Terms and Conditions (Updated 2025)

1. Definitions, Introduction, and Acceptance of Terms

1.1. Contracting Parties. The terms "maghost," "Provider," or "we" refer to MAGIT’ST SRL, as the provider of hosting and domain services. The terms "Client" or "User" refer to any natural or legal person who visits the maghost.ro website or uses our services.

1.2. Acceptance of Conditions. The use of our site in any way or the ordering of services is equivalent to the full acceptance of these Terms and Conditions, including any subsequent modifications. If you do not accept any provision, you must immediately cease accessing the site and/or using the services.

1.3. Privacy Policy. We protect the personal data of our clients in accordance with the legislation in force (including GDPR) and our privacy policy. When creating an account or placing an order, certain personal data will be collected and processed according to our Privacy Policy . By accepting these Terms, you confirm that you have read the Privacy Policy and agree to the processing of your data under the conditions mentioned.

2. Content Policy

To ensure the legal and ethical use of our hosting services, clients undertake not to use maghost servers to publish or transmit illegal or inappropriate content. It is strictly forbidden to host or facilitate (through links) any materials that:

1. Infringe upon the intellectual property rights of any third party (copyright, trademarks, patents, etc.).
2. Contain obscene, pornographic, or explicitly violent materials.
3. Contain defamatory, libelous statements, or damage the reputation of other persons.
4. Promote hatred, discrimination, or have a racist/xenophobic character.
5. Contain viruses, Trojans, malware, or any similar computer code that can cause damage.
6. Contain pirated software or information that promotes software piracy or hacking/cracking activities.

Furthermore, it is forbidden to use our servers exclusively as storage space for large files (e.g., a repository for video, audio, image files) unrelated to an active website. Hosting adult content (pornography), materials that facilitate or encourage illegal activities (e.g., hacking, fraud), or distributing copyrighted files without permission (warez) is expressly prohibited. Clients understand that any hosted account that violates this content policy will be suspended as soon as the violation is discovered, and maghost reserves the right to remove non-compliant content without prior notice. Accounts suspended due to violation of the content policy or acceptable use policy will not be eligible for a refund.

3. Acceptable Use and Prohibited Scripts

To maintain the stability and security of the hosting platform, it is forbidden to run the following types of scripts or applications on our servers :

1. Proxy or anonymizer scripts – services that redirect traffic and can be used for anonymous browsing.
2. IRC (Internet Relay Chat) scripts – for example, IRC bots or servers, which can affect network security.
3. "Top site" scripts – applications that list and rank websites and consume excessive resources.
4. Online gaming scripts – game servers or associated scripts (except for very light games, e.g., small Flash games).
5. Unsecured mailer scripts – any application for sending bulk emails (mail bomber, mass mail) or inadequately protected email forms.
6. Torrent trackers – scripts for indexing or tracking torrent files.
7. Public chat rooms or WAP chat scripts – chat applications that consume a very high amount of server resources.
8. Shell scripts (e.g., PHP Shell) – scripts that allow the execution of system commands (similar to a terminal), which can be used abusively.

Any other application or process that harms the servers or negatively affects their operation is also prohibited. Activities that cause excessive server load (e.g., CPU usage above normal limits, extremely frequent or long-running SQL queries, massive email sending) are considered resource abuse and may lead to service suspension. Maghost defines reasonable limits for resource consumption on shared hosting accounts – for example, continuous use of over ~5% CPU, ~5% RAM, or ~1.5% of the server's MySQL resources may be considered abusive. In such situations, we reserve the right to restrict or suspend the involved account to protect other clients on the server.

4. Anti-SPAM Policy and Use of E-mail Services

4.1. Prohibition of SPAM. It is strictly forbidden to use our services to send unsolicited commercial messages (SPAM) or any unsolicited bulk emails for the purpose of promoting websites or services, regardless of whether the sending is done through our servers or third-party servers for the benefit of a site hosted with us. The discovery of spamming activities will lead to the immediate suspension or cancellation of the hosting account , without the right to a refund for the unused period.

4.2. Permitted Email Lists. Operating email lists (e.g., newsletters) is permitted only if the recipients have explicitly subscribed to receive those messages (opt-in) and each message contains a clear unsubscribe option (a link or instructions to withdraw from the list). The client is responsible for ensuring that their mailing lists comply with GDPR and applicable anti-spam legislation.

4.3. Technical Limitations on Sending Emails. Each shared hosting account has an automatic limit on the number of emails that can be sent within a time interval to prevent abuse and negative impact on the server. We generally impose a limit of a maximum of 300 emails per hour per account (unless otherwise specified for a particular hosting package). Sending that exceeds this limit may be automatically blocked by the server. (Note: CyberFolks imposes a limit of 400 emails/60 minutes on hosting, respectively 50 emails/hour for unauthenticated scripts; maghost reserves the right to adjust its own limits and will communicate them in the service specifications.) Furthermore, on shared hosting packages, sending newsletters or mass emailing campaigns is not permitted (outside of the allowed distribution lists mentioned above).

Any violation of the anti-spam policy will result in immediate sanctions , including account suspension. In cases of repeated or severe violations, we reserve the right to permanently terminate the service for the offending client.

5. Server Resource Usage

The resources of shared servers are divided among multiple clients, which is why there are strict fair use policies (Fair Use).

5.1. Monitoring and Abuse Prevention. We constantly monitor the resource consumption (CPU, RAM, I/O, bandwidth, etc.) of hosting accounts. If an account consistently or at a given moment consumes an unusually large amount of resources, we will contact the client to discuss the situation and identify solutions (optimization, service upgrade, etc.). In a situation where an account causes severe degradation of server performance – for example, excessive consumption of memory, processor, or network traffic – maghost reserves the right to temporarily suspend the respective account or disable the problematic scripts without immediate prior notice , to ensure the proper functioning of the server and protect other clients. (We will, however, inform the client afterward about the actions taken and the reasons.)

5.2. Solutions for High Consumption. The client is responsible for monitoring notifications related to resource consumption and may request a package upgrade or a temporary increase in allocated resources if their site requires more than the current package offers. It is recommended that these requests be made in advance , before the resources are exhausted, to avoid service interruptions through automatic suspension.

5.3. Bandwidth for VPS/Dedicated Servers. VPS and dedicated servers generally benefit from a connection port of up to 1 Gbps. The monthly allocated bandwidth is, however, limited by a reasonable use defined at approximately 5 TB per month (unless otherwise specified in the commercial offer). In case this threshold (5 TB/month) is exceeded, the Provider reserves the right to either charge additional costs for the traffic or to temporarily limit the bandwidth available for that server. If the client does not purchase additional bandwidth and consumption remains consistently above the reasonable limit (e.g., over 100 Mbps constant), the server's connection may be permanently restricted to ~50 Mbps until the monthly traffic resets or until an upgrade.

5.4. Special Limitations on Shared Hosting. Shared hosting packages (including reseller) have additional limitations to prevent abuse:

1. File Size: Storing individual files larger than 500 MB on shared hosting accounts (including log files) is not permitted. This service is not intended for external backup, storage of large media files, or raw data archiving.
2. Prohibited Service Types on Shared: Shared accounts cannot be used for radio/video streaming, file sharing hosting, image hosting sites, free hosting services for other users, or WordPress MU platforms (public multisite network). These activities consume disproportionate resources and can affect server stability.
3. Speed Limitations: Shared hosting packages have a bandwidth limit of ~30 Mb/s per account to ensure a fair distribution of bandwidth among all server users.
4. CloudLinux and Allocated Resources: We use CloudLinux technology to isolate accounts and impose predefined resource limits per account (CPU, RAM, simultaneous processes, etc.) depending on the purchased package. For example, an account may be implicitly limited to a maximum number of simultaneous processes (e.g., 20), an amount of RAM (e.g., 1-2 GB), and a percentage of CPU power (e.g., 20-50% of one core) – these values vary depending on the chosen hosting package and are dimensioned so that normal use of websites does not exceed the recommended limits. If an account regularly hits these limits, it is an indication that it should be upgraded to a higher package.

In all cases of resource overuse , maghost will try to notify the client and offer solutions (optimization, upgrade). However, to protect the infrastructure, we reserve the right to act immediately (through limitation or temporary suspension) if the situation requires urgent intervention for system stability.

6. Client's Obligations and Responsibilities

6.1. Accuracy of Contact Information. The client is obliged to provide correct and up-to-date contact information when creating the account (full name, address, phone, email, etc.) and to promptly update this information whenever changes occur. Maghost cannot be held responsible for communication issues or unreceived notifications resulting from the client's failure to update their contact details.

6.2. Authentication Security. The client is responsible for maintaining the confidentiality of their account access data (username, password) and other sensitive information (API keys, security tokens, etc.). Any activity carried out from the client's account is presumed to be authorized by them. We recommend using complex passwords and changing them periodically. Maghost is not liable for damages resulting from unauthorized access to a client's account if this access was possible due to the client's negligence in protecting their credentials.

6.3. Content and Own Backups. The client is fully responsible for the content hosted in their account (site files, databases, stored emails, etc.), as well as for any damages caused by that content to other parties. Also, although the Provider implements backup solutions (see Section 8), the client is responsible for maintaining their own backup copies of important data.

6.4. Compliance with Laws. The client undertakes to use maghost services only for lawful purposes . Any use of the services that violates applicable laws (from Romania, the EU, or international laws applicable depending on the nature of the content) constitutes a breach of these Terms. The client will indemnify and hold maghost (including its employees and collaborators) harmless from any liability resulting from third-party claims caused by the client's use of the services illegally or contrary to these Terms.

7. Limitation of the Provider's Liability

7.1. Disclaimer for Interruptions and Data Loss. Maghost makes every effort to provide quality services, but cannot be held responsible for direct or indirect damages caused by the temporary unavailability of servers , whatever the reason. This disclaimer of liability includes, but is not limited to, situations such as data loss, data corruption, or interruptions in the client's economic activity arising from downtime or technical problems. Likewise, maghost will not be responsible for damages caused by the corruption or deletion of data hosted on its servers. The services are provided to the client on an "as is" and "as available" basis, without any express or implied warranty from the Provider regarding fitness for a particular purpose or absolute uninterrupted operation.

7.2. Maximum Limit of Damages. In any situation where, for the sake of argument, maghost were to be found liable to the client for any damage related to the use of the services, the total cumulative liability of the Provider is limited to the sum of the fees paid by the client to maghost for the affected service, during the time in which the respective damages occurred. The client understands and accepts that this limitation is an essential element of the commercial agreement.

7.3. Force Majeure. Maghost does not assume responsibility for the non-fulfillment of its obligations if this is due to force majeure events or fortuitous cases (including, but not limited to: natural disasters, armed conflicts, serious cyber-attacks, widespread power outages or interruptions of communication networks, government restrictions, etc.). In such cases, the affected obligations will be suspended for the duration of the force majeure event, to be resumed normally after its cessation.

7.4. Indemnification (Indemnifying the Provider). The client agrees to defend, indemnify, and hold maghost, its employees, partners, and collaborators harmless from any claims, costs, actions, losses, or demands (including reasonable attorneys' fees) made by third parties, arising from the improper or illegal use of the services by the client. This includes, for example, situations where the content hosted by the client infringes on someone else's rights or if computer attacks are launched from the client's server towards third parties.

8. Data Backup and Loss of Information

8.1. Backups Performed by maghost. For shared and reseller hosting services, maghost performs periodic data backups as an additional protection measure. Typically, we perform daily backups of files, databases, and email messages and store them in a separate secure location (external backup server). The copies are kept for a period of at least 7 days before rotation. Important: these backups are offered as an additional facility and do not constitute a contractual guarantee . Although we will make reasonable efforts to ensure the integrity and availability of the backup copies, maghost does not expressly guarantee that the backups will be intact, current, or suitable for restoration at any time.

8.2. Recommendation for Clients. We strongly recommend that all clients download and maintain their own updated backups of their sites and databases, using the tools provided in the control panel (e.g., the Backup function in cPanel/Plesk). This is a good security practice, especially before making major changes to the site.

8.3. Backup for VPS and Dedicated Servers. For unmanaged VPS and unmanaged dedicated server services, backups are not included by default , unless this is expressly specified in the commercial offer or has been purchased separately. Clients who own VPSs or dedicated servers are responsible for configuring their own backup solutions (independently or by purchasing a backup plan from maghost, if available). If a backup plan is included or purchased, it is the client's responsibility to periodically monitor and ensure that the backup mechanism is functioning correctly on their server.

8.4. Limitation of Liability for Backup. The Provider cannot be held responsible for the loss or alteration of hosted information to the extent that this resulted from the client's actions or omissions or from errors in applications that are not part of the basic service offered by the Provider. For example, the hosting control panel (cPanel/Plesk) or other third-party scripts installed by the client are not developed by maghost, therefore any errors in them that lead to data loss are not our responsibility.

9. Uptime Guarantee (Service Availability)

Maghost is committed to providing reliable hosting services, aiming for a server availability (uptime) of 99.9% , calculated as an average over a calendar year. This means that our servers should not have interruptions totaling more than ~0.1% of the time (approx. 8h 45min per year).

9.1. Excluded Situations. The uptime guarantee does not apply in certain exceptional situations, where the unavailability is not directly under our control or is part of the normal administration of the infrastructure. Examples of exceptions include:

1. Force majeure and external causes: unforeseeable events such as wars, riots, natural disasters (earthquakes, floods), fires, pandemics, major cyber-attacks (viruses, large-scale hacking), or global failures of communication and energy networks, or any other situations where maghost cannot influence the course of events.
2. Planned maintenance: announced maintenance windows (usually in advance) for hardware or software upgrades, application of critical patches, network reconfigurations, etc. These operations may require temporary service shutdowns to ensure the long-term stability and security of the infrastructure. There may also be unplanned but critical interventions (e.g., emergency fixes for vulnerabilities or prevention of imminent failures); these are also excluded if carried out within a reasonable timeframe.
3. DNS or Internet problems outside our control: malfunctions of the Domain Name System (DNS) not caused by maghost configurations, errors of registrars or international DNS systems, as well as major congestion or interruptions on segments of the global internet on the path between the user and our servers.
4. Client's connection and equipment: client access problems related to their internet provider, their station's software/hardware configuration, local network errors, forgotten passwords, incorrect configurations of the hosted site, etc. These do not constitute downtime of our servers and therefore do not fall under the uptime guarantee.

9.2. Remedies for Insufficient Uptime. If a client believes that their service has had an uptime below the guaranteed level for reasons attributable to maghost, they can report the situation to the support team. The complaint will be analyzed and, if the breach of the guarantee is confirmed (under the conditions stipulated above), maghost may offer the client compensation in the form of an extension of the subscription period (credit) proportional to the cumulative duration of unavailability beyond the guaranteed level. This compensation is the sole remedy offered to the client for non-compliance with the uptime guarantee and does not apply if the unavailability is due to excluded causes or announced maintenance.

10. Special Technical Restrictions

To ensure the technical integrity of the servers, maghost imposes the following additional rules regarding the use of certain technical functionalities:

1. Background processes: Running continuous programs or processes that consume resources in the background on our servers, other than those necessary for the normal operation of the client's website, is not permitted. Applications designed to run permanently in the background (e.g., custom daemons, constantly running crawlers, cryptocurrency miners, etc.) are prohibited. However, programs/utilities that run occasionally in the background as an extension of the website (e.g., a script that periodically processes certain data) are permitted, as long as they comply with other resource and security policies.
2. Cron Jobs: Scheduling automated tasks (cron jobs) on our servers is permitted, but not at an interval of less than 15 minutes between executions. Any script set to run at very frequent intervals (under 15 minutes) may be disabled by us without prior notice. We recommend using longer intervals (e.g., 30 minutes or more) for cron jobs where possible, to avoid unnecessary server load.
3. CGI and other similar scripts: Clients may use CGI, Perl, Python, PHP, etc. scripts on their accounts, as they are included as part of the hosting services. However, if such a script (especially one created by the client) negatively affects server performance or network integrity, maghost reserves the right to stop or restrict the execution of that script without prior notice . Clients are encouraged to optimize their own scripts and avoid inefficient or insecure code.
4. Chat rooms: Installing or using chat room applications that run on maghost shared hosting servers is not permitted. Such applications (e.g., IRC-like chat scripts, intensive shoutboxes) consume significant resources and can destabilize the server. (This prohibition does not apply to third-party chat solutions that use their respective providers' servers – for example, a chat widget that connects to an external server is permitted).
5. Additional software on request: The maghost server infrastructure comes with a standardized environment (predefined software stack: versions of PHP/Java/Python, databases, common extensions, etc.). If a particular client script requires the installation or activation of additional software programs or modules on the server, maghost is not obligated to honor this request. We will analyze such requests and decide at our discretion whether the installation of the respective software is feasible and beneficial without compromising the stability or security of the server. Similarly, requests to change global parameters (e.g., increasing PHP ini_set limits, changing software versions) will be evaluated on a case-by-case basis.
6. Resource upgrade/downgrade: Any request for a package upgrade (moving to a higher plan with more resources) or downgrade or modification of the resources allocated to an account should be made at least 24 hours before the desired time of the change. Maghost will process these requests as promptly as possible, but does not assume responsibility for any interruptions or limitations of service if an account's resources are exhausted before the upgrade is effective. The client can check the consumption and allocated resources at any time in the control panel (cPanel, Plesk, etc.).

11. Service Contract Duration

11.1. Commencement of the contract . The contract for the provision of maghost services (hosting, domains, etc.) comes into force on the date the service is activated, respectively on the date the initial payment is confirmed by the payment processor or the bank. Service activation usually takes place immediately or within a few hours of payment confirmation, depending on the type of service and any necessary checks.

11.2. Contractual Period. The services are provided for a fixed period, chosen by the client at the time of the order – for example: monthly (1 month), quarterly (3 months), semi-annually (6 months), annually (12 months), or another interval available in the offer. The contract period begins upon activation (according to 11.1) and lasts until the service expiration date, which corresponds to the period paid for in advance.

11.3. Contract Renewal. At the end of each contractual period, the service can be renewed for an identical period (or a different one, if options permit), provided that the proforma renewal invoice is paid on time. Maghost usually sends renewal notifications by email, at least 30 days before the service's due date. The responsibility to renew the service before it expires lies with the client; non-payment on time is equivalent to the desire to let the contract expire. If the client pays the renewal invoice before or by the due date, the contract is automatically extended for a new period equal to the previous one, continuing the old one (without service interruption).

12. Contract Termination and Cancellation

12.1. Termination at the Client's Initiative. The client has the right to terminate (cancel) the contract at any time, for any reason, by sending a written termination request to maghost (e.g., by email to the support department or through a support ticket in the client panel). To avoid unwanted billing for the next period, the termination request must be sent at least 30 days before the due date of the next billing period. Termination will take effect at the expiration of the already paid period. If the client requests early termination before the end of the current period, the amounts paid in advance are not refundable (except in situations covered by the 30-day money-back guarantee – see Section 17).

12.2. Termination by the Provider. Maghost reserves the right to unilaterally terminate the contract with a client, with prior notice, in any of the following cases:

1. Non-payment of services: If the client does not pay the invoices issued for services within 15 days of the due date (or within the term specified on the invoice if different), and the delay persists even after repeated notifications, maghost may decide to suspend and subsequently terminate the service for non-payment. (See also Section 15 regarding suspension for non-payment.)
2. Serious or repeated violation of the Terms: If the client seriously violates the provisions of this agreement (e.g., involvement in illegal activities, massive spam, computer attacks, etc.) or repeatedly violates the Terms and Conditions (even after being previously warned), the Provider may terminate the contract early. Depending on the severity of the situation, the termination may be immediate (especially for serious violations that endanger the infrastructure or other users).
3. Illegal or abusive activities: If it is found that through the services provided, the client engages in illegal activities (e.g., phishing, distribution of illegal content, computer fraud) or abusive activities that affect the integrity and performance of the services offered (e.g., using the service to attack other systems, intentionally overloading the servers, etc.), the contract may be unilaterally terminated by maghost. Such situations also constitute grounds for immediate suspension, prior to termination, to limit damages.

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

12.3. Automatic Termination upon Expiration. If a service reaches its expiration date and has not been renewed (the proforma renewal invoice has not been paid by the due date), the contract is considered automatically terminated on the expiration date of the paid period . Starting from that date, maghost will suspend the service and has the right to permanently delete all data associated with that account, without any further notice and without any obligation to the client. Note: We will send periodic notifications before expiration, according to Section 11.3, precisely to prevent the unintentional deletion of data.

12.4. Data Deletion after Termination. In the event of any termination of the contract (either by early termination or by non-renewal), maghost is not obliged to keep the client's data for longer than the minimum legal duration (if such obligations exist, e.g., logs according to the law), and has the right to remove the hosted content. After deletion, the data will no longer be recoverable. Exception: If there is a separate agreement with the client for archive backup services or if legislation requires the retention of certain information (e.g., accounting records, invoices) for a specified period.

12.5. Right of Lien (for collocated equipment). (Applicable only if maghost offers equipment colocation services in its own Data Center – currently, our focus is on virtual and dedicated services.) In the case of server colocation services, if the client delays payment for more than 30 days from the due date, the Provider may suspend access to the collocated equipment and may retain it until the full payment of the amounts due, based on the right of lien provided by the Civil Code. If the debt exceeds 60 days, the Provider has the legal right to initiate procedures for the recovery of receivables, including the capitalization of the client's equipment (sale) according to enforcement procedures, to cover the outstanding amounts. (These provisions apply only to clients with hardware colocation contracts, not shared/VPS hosting services.)

13. Notices and Communications

Maghost (through its sales, support, marketing departments) reserves the right to send clients notifications, alerts, and commercial communications related to the services offered. These communications include, but are not limited to: notifications regarding the expiration and renewal of services, announcements about scheduled maintenance, security updates, changes to terms or policies, as well as promotional offers or information from third-party partners, which we believe may be useful to users. Any marketing communication will respect the options expressed by the client (e.g., if you have given your consent or subscribed to the newsletter). Clients can always opt out of receiving marketing communications, but cannot opt out of receiving essential notifications regarding the operation of services or those required for the performance of the contract (e.g., invoices, expiration alerts, security announcements).

14. Payment Terms and Billing

14.1. Payment in Advance. The client agrees to pay for maghost services in advance , for the entire contracted service period (recurring billing on a pre-paid basis). For example, for a monthly subscription, payment is made monthly in advance, for an annual subscription, payment is made annually in advance, etc. The first payment is made upon the initial order, and subsequent payments are made at each due date, according to the issued proforma invoices.

14.2. Invoice Issuance and Payment Term. Proforma (or renewal) invoices will be sent to the client by email (to the registered contact address) and will also be available in the client account (administration portal). As a rule, the renewal invoice is issued ~15 days before the service expiration date. The standard payment term for invoices is 15 calendar days from issuance (unless a different term is specified on the invoice). The client must pay the indicated amount by the due date on the invoice at the latest.

14.3. Non-renewal and Service Termination. If a client does not wish to extend a service, they are responsible for notifying maghost at least 15 days before the expiration date (according to Section 12.1), through a cancellation request. In the absence of a timely termination notice, maghost will issue the renewal invoice, and the client will be responsible for its payment for at least one month, even if they no longer want the service. In other words, if you fail to notify us in time and a new period has already begun with the generation of the invoice, you will owe the value of that period (minimum 1 month), regardless of whether you use the service or not.

14.4. Currency and Taxes. The prices displayed on the maghost website may be expressed in EUR or other currencies, but billing for clients in Romania is done in Romanian Lei (RON). The conversion from EUR to RON, if applicable, is made at the provider's bank exchange rate (e.g., the ING Bank rate on the 10th of each month) or at a close official rate, according to legislation. All invoices will include VAT according to the applicable legal rate (maghost is a VAT payer, Tax ID RO32115599). EU legal entity clients, registered for VAT purposes, who provide a valid intra-community VAT code may benefit from VAT-exempt billing according to legislation (reverse charge service). Clients from outside the EU will be billed without VAT.

14.5. Late Payments – Penalties. If payment is not made by the due date, maghost may send reminder notifications at regular intervals (e.g., 5 days after the due date, then at 10 days, etc.). If 5 days pass from the due date without the payment being received , the hosting account will be temporarily suspended for non-payment . Suspension means that public access to the site and other services (emails, databases) will be interrupted until the due amount is paid. We will keep the data intact on the server during the suspension (within 30 days of the due date). If after 30 days of delay the invoice remains unpaid, the account will be considered abandoned and will be terminated (completely deleted from the server). Data deletion will be done without the obligation to keep any copy, as stated in Section 12.3. During the first 30 days of delay, the client will continue to receive notifications (approximately every 5 days) until the account is deleted.

In addition, for each day of late payment after the due date, maghost reserves the right to charge late payment penalties of 0.5% per day of the outstanding amount, but not more than the total amount due. These penalties reflect moratory damages for delay according to the Civil Code.

14.6. Reactivation of a Suspended Service. After the client makes full payment of all amounts due, the service suspended for non-payment will be reactivated as soon as possible (usually, within a few hours of payment confirmation). If the account has already been deleted (after >30 days delay), maghost does not guarantee the possibility of data recovery. However, if backups are available, at the client's request, we will attempt to restore the data from an older backup copy. Attention: Restoring a deleted account from backup is an additional, separately-charged service, and success is not guaranteed. The fee depends on the type of service previously held and the volume of data to be recovered (for example, fees may be charged per restored account or per server, according to our internal offer). We will inform the client about the costs before performing the recovery, and the fee will only apply if the recovery is successful.

15. Web Domains – Registration, Use, and Renewal

This section sets out the specific terms for domain name registration and management services through maghost. By ordering a domain, the client becomes the holder of that domain name (or acts on behalf of the holder, as the case may be), and maghost acts as an intermediary (registrar or reseller) between the client and the official Registry of the domain (ROTLD for .ro, EURid for .eu, Verisign for .com, etc.).

15.1. Eligibility and Availability. The domain registration service is available to any natural or legal person who has the legal capacity to contract, in accordance with the rules of the specific registry for the desired TLD. Domains are generally allocated on a "first-come, first-served" basis – if a domain name is available at the time of the request and payment is made, it will be registered in the applicant's name. The client is responsible for checking the availability of the desired domain before placing the order, using the tools provided (e.g., the domain search on the maghost website).

15.2. Domain Duration and Renewal. Domains are registered for a fixed period, a minimum of 1 year and a maximum according to the registry's policies for the respective extension (for example, .ro can be registered for a minimum of 1 year, .com for up to 10 years, etc.). The expiration date is communicated to the client in the administration panel and in the domain's whois. Renewal is the client's responsibility: before the domain expires, the client must pay the renewal fee if they wish to maintain ownership of the domain. Maghost usually sends renewal notifications 30, 15, and 7 days before expiration, but failure to pay the renewal fee on time can lead to the domain's expiration . The Provider cannot be held liable for the loss of rights to a domain due to non-payment of the renewal fee on time. After expiration, most domains enter a grace period (30-45 days) during which they can be renewed for the regular fee, followed by a redemption period (~30 days) during which they can only be renewed for substantially higher fees imposed by the registry. After these periods, the domain becomes available again for registration by third parties.

15.3. Registration Data and Privacy. When registering a domain, the client must provide accurate and complete data about the owner (registrant) and contact persons (name, address, email, phone, etc.), as required by the registry. This data will be used for registration in the registry's WHOIS database. Maghost takes the protection of personal data seriously and will process this data in accordance with the privacy policy and GDPR regulations. Depending on the extension, certain data may be public in WHOIS (e.g., for .ro domains, the data of natural persons is generally protected by default, while that of companies is public). WHOIS Privacy service : where available, the client can opt to protect their contact data in WHOIS, for a fee or for free, as the case may be. This service masks the owner's personal information with the data of an agent or the registrar, according to the TLD's policies.

15.4. Domain Transfer and Data Modification. The client has the right to transfer the domain to another registrar or to change the holder (transfer of ownership) at any time, in compliance with the rules of the specific registry. For transfer to another registrar (especially for international domains .com, .net, .org, etc.), the authorization code (EPP/Auth code) provided by maghost upon request is required. A newly registered or recently renewed domain may have a 60-day lock period during which it cannot be transferred to another registrar (ICANN policy applicable to gTLDs). Also, an expired domain cannot be transferred until it is reactivated (renewed) at the current registrar. Any modification of the domain's contact data (whois) can be made by the client through the maghost administration panel or by a written request to support. It is important that this data remains up-to-date; otherwise, the domain may be suspended by the registry (according to ICANN policies, inaccurate whois data can lead to the deactivation of the domain until corrected).

15.5. Registration and Use Restrictions. The client guarantees that the registration and use of the domain do not infringe anyone's rights and do not contravene the law. It is not permitted to register domains containing legally protected names (trademarks belonging to others, official names) if the client does not have the legal rights to them, or offensive and illegal terms (e.g., terms that incite hatred). Also, a domain purchased through maghost must not be used for illegal activities, phishing, sending spam, or other abusive practices . Maghost reserves the right (through its partner registrar) to refuse, suspend, or even cancel a domain order if it reasonably believes that it violates ICANN rules, the relevant national registry's rules, or the legislation in force. In such cases, we will inform the client and, if possible, offer another domain name or refund the fee paid (if the domain has not yet been registered).

15.6. "Premium" Domains. Certain domain names are considered Premium Domains by their registries or previous owners – these are usually very short, generic, or have high commercial value. The purchase price of a premium domain can be much higher than the standard rate and is set by the registry or the previous seller, not by maghost. If a client requests such a domain, we will communicate the special cost of the domain (both for registration and renewal, which may differ from the standard one) for the client's acceptance, before finalizing the order . Premium domains are offered subject to availability at the time of payment and confirmation by the registry; its mere existence as "available" in the search interface does not guarantee that it can be registered until the payment is completed and processed by the registry.

15.7. Specific Rules for National Domains (ccTLDs). Various country extensions have particular registration and renewal rules:

1. .RO Domains: .ro domains are registered through ROTLD. As of March 1, 2018, all .ro domains (including those that were once promoted as "for life") require payment of an annual maintenance fee at the expiration date. .ro domains registered before 2018 with an "indefinite period" have been brought to a due date and must be renewed annually to remain active. The transfer of a .ro domain between registrars involves payment of a transfer fee (of ~5 Euro + VAT, set by ROTLD) and is possible at any time if the domain is active. Maghost (through its partner NET DESIGN SRL, owner of the cyber_Folks platform) has in the past operated certain annual .ro domain registrations on its own data, but currently all .ro domains are or can be transferred to the client's data. When registering or managing a .ro domain, the ROTLD Registration Rules , publicly available on the ROTLD website, apply.
2. .EU Domains: .eu domains are managed by the EURid registry. Their registration and management are subject to the EURid rules , available on the official website. For example, a specific aspect: the owner of a .eu domain must be a resident of the EU or an organization based in the EU.
3. .ES Domains: .es (Spain) domains have a peculiarity at renewal – it must be done at least 6 days before the expiration date, otherwise it goes directly into an expired state and requires the restoration procedure with an additional cost. We therefore recommend the early renewal of .es domains.
4. .HU Domains: .hu (Hungary) domains require renewal at least 30 days before expiration, otherwise there is a risk that the domain will enter a "termination" state where reactivation involves restoration fees.
5. Other National TLDs: Many other extensions have their own rules – maghost will inform the client of any special requirements (e.g., the need for documents for certain countries, rules on setting nameservers, different grace periods, etc.) at the time of registration.

15.8. Disputes and Liability Regarding Domains. Maghost is not responsible for disputes related to the right of use or ownership of a domain name. If a third party makes claims (e.g., invoking a trademark on the name), the resolution of the dispute is up to the parties involved, according to the UDRP (Uniform Domain-Name Dispute-Resolution Policy) procedures or other applicable legal provisions. Maghost will comply with the decisions of competent authorities or arbitral tribunals regarding the transfer, suspension, or cancellation of a domain. Likewise, maghost does not guarantee that a domain ordered will remain available until the moment the order is paid and fully processed – there is a possibility that someone else will register the same name in the interval between the availability check and the client's payment. In such rare cases, we will inform the client and offer either another name or a refund of the amount paid. The client is solely responsible for how they use the domain after registration and for the content hosted at that domain; the use of the domain must comply, in addition to maghost's Terms, with the registry's policies and relevant legislation.

15.9. Free Domain Promotions. Occasionally, maghost may offer free domains as part of a package with certain services (e.g., a free .ro domain with the purchase of an annual hosting plan). In such situations, the free offer usually applies only to the initial 1-year registration. The renewal of the free domain will be at a cost, at the normal renewal rate for that extension, starting from the second year. If the client decides to transfer a domain received for free to another registrar before the first year is up (or before the minimum period required by the promotional offer), they will have to pay the value of the domain's registration fee (which they initially received for free). This measure prevents the abuse of promotions and covers the costs incurred by maghost for that domain.

16. Account Suspension for Non-Payment

(Note: This topic was partially covered in Section 14.5, but we detail it separately for clarity.)

If a client does not pay the service fees by the due date, the following standard procedure applies:

1. After 5 days of delay from the due date of a renewal invoice, the hosting account (or the service in question) will be temporarily suspended for non-payment. Suspension means that the hosted websites will no longer be publicly accessible, and emails will be stored but no longer delivered (or will be returned to senders).
2. After 30 days of delay , if payment has not been made, the account is considered abandoned and will be permanently deleted from the server (termination). At this point, the contract automatically terminates (see Section 12.3) and there is no longer an obligation to keep the data.
3. Notifications : Maghost sends reminder emails during this period every few days (e.g., at 5 days, 10 days, 15 days, etc.) until suspension and then until deletion, to warn the client. However, it is the client's responsibility to know when their service expires and to ensure payment if they wish to continue the service.

If the client pays after suspension but before deletion (e.g., after a 10-day delay), the account will be fully reactivated, with no data loss. If the payment comes after the account has already been deleted (over 30 days delay), maghost will create a new account (without data) for the client, and the restoration of old data will depend on the existence of available backups (see Section 14.6).

In the event that the domain associated with a service is allowed to expire (non-payment) or the hosting service is closed, maghost may temporarily redirect traffic for the expired domain to a default parking page (for example, a standard page indicating that the domain is not active or that the service has expired). This redirection will remain until the domain is renewed by the client or managed by someone else (for example, if the client changes the nameservers to another host). The purpose of this measure is informational and commercial (the parking page may contain ads or information about maghost).

17. 30-Day Money-Back Guarantee

To demonstrate confidence in the quality of our services, maghost offers clients a 30-day "Money-Back" guarantee , applicable to shared hosting packages and certain standard services. Thus, if a new client is not completely satisfied with the purchased hosting service, they can request a full refund of the amount paid, within 30 days of the service activation date. The refund will be processed without further questions, but in compliance with the conditions below.

17.1. Covered Services and Exceptions. The 30-day guarantee mainly applies to web hosting (shared) services. It does not apply or there may be exceptions for:

1. Domain registration fees , national or international – once a domain is registered, the fee paid cannot be recovered from the registry, so the cost of the domain is non-refundable. (The domain remains the property of the client until expiration, even if the hosting service is canceled.)
2. Dedicated and VPS servers – in general, the costs for physical dedicated servers and VPS servers are not refundable under this guarantee. The reason is that the allocation of these resources has significant costs, and the offers can be customized. However, maghost may individually analyze requests for partial refunds for standard VPSs, but does not guarantee it.
3. Software licenses and third-party services: fees paid for cPanel, Plesk, WHMCS, SSL, external backup licenses, or any other optional or third-party integrated service are not subject to a refund. These are final purchases.
4. Reseller services – if you have purchased services as a reseller (i.e., you resell hosting), the 30-day guarantee does not apply to those services ordered by you for your clients, but only possibly to your main initial account (if it is a standard reseller plan).
5. Other special or unique offers: if you have benefited from a special promotional offer where the guarantee terms differ (e.g., heavily discounted packages may exclude refunds), the conditions communicated in that offer will apply.

Maghost will specify in the description of each service whether the 30-day guarantee is valid or not, to avoid confusion.

17.2. Eligibility Conditions for a Refund. To be able to request a refund under this guarantee, the client must:

1. Be a new client for the respective service (the guarantee is offered only once per type of service per client). If a client has used the same service before (e.g., bought and refunded a hosting plan, then buys again), maghost reserves the right to refuse the refund a second time.
2. Request in writing (email/ticket) the cancellation of the account and the refund within a maximum of 30 days from the initial activation of the service. After 30 days, the trial period is considered to have ended and a refund is no longer possible (outside of standard contractual conditions, if applicable).
3. Not be in a situation of having violated the maghost Terms and Conditions. The guarantee is not applicable if the client has violated the rules of acceptable use , the anti-spam policy, or other provisions, and the account has been suspended/terminated for this reason. In other words, if maghost has closed the account due to the client's fault (e.g., for spam, abuse, illicit activity), the client loses the right to a refund even if they are within the first 30 days.
4. Not have already used a significant part of the service's resources in a way that indicates "consume and leave". For example, if more than 50% of the allocated data traffic for that month has already been consumed, maghost may consider that the service has been used intensively and may refuse the refund under this guarantee. This provision is intended to prevent abuse (using the service almost completely and then asking for the money back).

17.3. Refund Process. After receiving the refund request and verifying eligibility according to the points above, maghost will approve the refund and return the amount paid by the client to the account from which the initial payment originated. The refund is usually made through the same payment method used by the client (e.g., refund to a credit card, bank transfer, etc.), within 7-10 working days of approval. The refunded amount will exclude any non-refundable costs (e.g., domain fees, if they were included in the package). If the payment was made through a means that does not allow a refund (e.g., SMS, single-use prepaid card, cryptocurrencies), maghost will offer an alternative return method (e.g., bank transfer) or credit in the client's account, at the client's choice. Note: Payments made via SMS are generally non-refundable for technical reasons (which is why we do not recommend this method for large amounts).

18. Technical Support and Customer Assistance

18.1. Standard Support Included. All maghost clients who own a shared or reseller hosting package, have registered a domain through us, or have purchased an SSL certificate benefit from standard free technical support for those services. Standard technical support covers assistance with issues related to the service's operation (server not responding, configuration errors on the server, questions about using the control panel, minor guidance on email setup, etc.). This support is available through the ticket system (HelpDesk), email, or phone, according to the schedule displayed on the site (essential support for major failures is 24/7, while general consulting may be limited to business hours).

18.2. Unmanaged Services (VPS/Dedicated Servers). Unmanaged VPS servers and dedicated servers without a technical assistance plan do not include the same level of standard technical support as shared hosting. For these services, maghost basically ensures: maintenance of network connectivity, access to the server (via panel or remote), hardware interventions (in the case of dedicated), and reboot on request. Internal software configuration, operating system administration, security, and application maintenance are the client's responsibility, unless a management package has been purchased. Maghost offers, for VPS and dedicated clients, the option to purchase separate management plans which include extended technical assistance and interventions from our team, according to the displayed offers. Without such a plan, on-demand technical interventions may be billed hourly.

18.3. Limitations of Standard Support. Free technical support does not include web development, debugging the client's specific site code, configuring the client's local devices, or training in the use of technologies outside the service. For example, our team will not write PHP code for a client's site and will not remotely configure the client's computer, but will check if our server is running the necessary services for the site correctly and will provide the necessary information for the client to configure their applications.

18.4. Migration Assistance. Maghost can offer assistance in migrating sites to our servers. Depending on the hosting package, migration may be included (e.g., free transfer of a WordPress site from another provider) or it may be a paid service. Even when included or purchased separately, migration is usually carried out on working days (Monday-Friday) . On weekends (Saturday and Sunday), migration operations are not performed except in exceptional situations, to protect data integrity. The client is asked to schedule the migration in advance and to communicate with our team for a smooth transition.

19. Modification of Terms and Services

Maghost reserves the right to modify or supplement this "Terms and Conditions" document, use policies, as well as the features of hosting packages, rates, or any other content on the maghost site at any time, depending on the evolution of services and the legal framework. Any material change to the Terms will be brought to the attention of clients by publishing it on the site (on this page) and/or through notifications sent by email or through the client's control panel. We will also update the "Last Modified Date" noted at the beginning of the document for transparency.

Continuity of the agreement: The changes will take effect from the date of publication or from a later specified date. Existing clients who continue to use our services after the new terms come into effect are deemed to have accepted the changes . If a client does not agree with the changes, they have the option to cease using the services and request the termination of the contract before the new conditions apply to them.

It is the client's responsibility to periodically check this page to stay informed of the latest version of the Terms and Conditions.

(Last update of the Terms: January 2025. The previous version of the Terms can be made available, upon request, or consulted on our website, if it is archived.)

20. Governing Law and Dispute Resolution

This agreement is governed by the laws of Romania , in particular the Civil Code and special laws applicable to e-commerce, hosting services, and consumer protection. Any disagreement arising between maghost and the client will be resolved amicably, in a spirit of collaboration. If an amicable solution is not possible, territorial jurisdiction lies with the courts of the jurisdiction of MAGIT’ST SRL's headquarters (currently, Timișoara, Romania), unless the law provides otherwise for consumers. Natural person clients (consumers) benefit from the provisions of Romanian consumer protection legislation (for example, Ordinance no. 34/2014 on consumer rights in distance contracts) and no provision in these Terms will restrict their legal rights.

Dissatisfied consumers can also file a complaint with the National Authority for Consumer Protection (ANPC) or use the European Online Dispute Resolution (ODR) platform. However, we appreciate the opportunity to resolve any issues directly and encourage you to contact us first with any dissatisfaction related to the services.

21. Contact and Additional Information

For any questions, clarifications, or requests related to these Terms and Conditions or maghost services, you can contact us at any time at:

1. Email: support@maghost.ro (general technical support) / sales@maghost.ro (commercial information) / billing@maghost.ro (billing) – depending on the nature of the request.
2. Phone: (+4) 0740 900 247 (number available for the commercial and billing department during business hours, Monday-Friday 9:00-18:00; emergency technical assistance is available 24/7 via ticket).
3. Postal address: MAGIT’ST SRL, Calea Stan Vidrighin nr. 14A, 1st floor, Timișoara, postal code 300571, Timiș County, ROMANIA.

We are committed to responding promptly to all requests and providing the necessary support for the most satisfactory collaboration. Thank you for choosing maghost as your web hosting partner, and we assure you that we will make every effort to provide you with high-quality services!