Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services provided by FIVE CYBER HOST SECURITY SRL ("Company", "we", "us") operating Autonomous System AS210718, including our DDoS protection, network security, and control panel services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
1. Eligibility and Account Registration
You must be at least 18 years of age and legally authorised to enter into contracts to use the Services. When registering an account you agree to provide accurate, complete, and current information. You are responsible for maintaining the security of your credentials and for all activity occurring under your account.
2. Services
The Company provides network-level DDoS protection and traffic scrubbing services using XDP/eBPF kernel technology. Service availability, throughput, and specific features are as described in your individual service agreement or order form. We reserve the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice.
3. Acceptable Use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Services for any unlawful purpose or in any way that may harm the Company, other customers, or third parties.
4. Fees and Payment
Services are provided on a subscription or contract basis as agreed in your service order. Fees are due in advance of each billing period. Late payment may result in service suspension. All fees are exclusive of applicable taxes unless stated otherwise.
5. Service Level Agreement
Where an SLA is included in your service agreement, the Company will use commercially reasonable efforts to meet stated uptime and performance targets. SLA credits, where applicable, are the sole remedy for service availability failures. The SLA does not apply during scheduled maintenance windows communicated in advance.
6. Intellectual Property
All software, documentation, interfaces, and content provided by the Company remain the exclusive property of FIVE CYBER HOST SECURITY SRL. No licence is granted other than the right to use the Services as permitted under these Terms. You retain ownership of all data you submit to the Services.
7. Data and Privacy
Our collection and use of your personal data is governed by our Privacy Policy. By using the Services you consent to our data practices as described therein.
8. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services and not to use such information for any purpose outside the scope of these Terms.
9. Limitation of Liability
To the maximum extent permitted by law, the Company's total liability for any claim arising from or related to these Terms or the Services shall not exceed the fees paid by you in the three months preceding the claim. In no event shall the Company be liable for indirect, incidental, consequential, or punitive damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
11. Termination
Either party may terminate the service agreement with notice as specified therein. The Company may immediately suspend or terminate your access if you materially breach these Terms or the AUP, without liability to you. Upon termination, your right to use the Services ceases immediately.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of Romania. Any dispute arising from these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the competent courts of Romania.
13. Modifications
We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. Material changes will be communicated with at least 14 days notice.
14. Contact
For questions about these Terms:
FIVE CYBER HOST SECURITY SRL · AS210718
noc@five-host.com