Section A
Terms & Conditions
Rule 1
The beneficiary undertakes to provide correct data
By registering, you undertake to provide your correct name and other accurate contact details. The use of fake or incomplete data may invalidate orders or make communication impossible.
You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account and purchase services. By registering, you confirm that you meet this requirement. ESAGAMES HOSTING SHIELD SRL is not liable for services purchased by minors without parental consent.
By accessing your account and using your personal password, you are solely responsible for all actions performed from your account. Account sharing is strictly forbidden — each account must be used by a single individual or legal entity. If multiple people need access, each must have their own account.
ESAGAMES HOSTING SHIELD SRL cannot be held liable for errors or abuses caused by the user’s negligence regarding the security and confidentiality of their account and password. The client must use strong passwords and enable two-factor authentication where available.
If ESAGAMES HOSTING SHIELD SRL suspects that account information is false, misleading, or outdated, the provider reserves the right to suspend the account and all associated services until the client provides verified, accurate information. No refund or compensation shall be provided for service interruptions caused by invalid account data.
Rule 2
Web hosting service usage limitations
The website hosting service is intended exclusively for clients who host small and medium-sized sites on the equipment of ESAGAMES HOSTING SHIELD SRL.
Large, resource-heavy users are not accepted in any form (e.g. P2P communities, torrent trackers, file hosting platforms, image hosting farms, top/statistics sites, game statistics, external traffic counters, etc.).
Sites that host or promote activities prohibited by Romanian law are not accepted in any form (e.g. child pornography, illegally distributed copyrighted materials, racism, phishing, spam, illegal video distribution, etc.).
ESAGAMES HOSTING SHIELD SRL reserves the right to inspect, audit, or scan hosted content at any time to verify compliance with these Terms. If prohibited content is discovered, the provider may immediately suspend the service, remove the content, and report it to the relevant authorities without prior notice to the client and without refund.
The client is solely responsible for all content hosted on their account, including content uploaded by third parties through the client's applications (e.g. user-uploaded files on forums, CMS platforms, etc.).
Rule 3
Technical assistance for webhosting
Technical assistance for the web hosting service is free and is provided by e-mail.
We do not offer configuration services such as forum installations/configurations, logo creation or other design elements, or debugging of third-party PHP applications.
The client undertakes to optimize their web applications to reduce resource consumption and to respect fair-usage policies, without overloading the processing resources of the server.
The client undertakes to follow optimization guidelines provided by technical assistance when necessary.
Support response times are provided on a best-effort basis and depend on staff availability, ticket volume, and issue complexity. ESAGAMES HOSTING SHIELD SRL does not guarantee specific response times unless explicitly stated in a paid support plan. Delays in support response do not entitle the client to any refund, credit, or compensation.
Rule 4
Unlimited traffic & security responsibilities
The traffic for all web hosting packages is unmetered, with bandwidth dynamically allocated between clients on the same processing unit.
For security reasons, each client has controlled access to the PHP processor. The functions open_basedir, disable_functions and safe_mode (where applicable) are configured to ensure a secure environment.
The client undertakes to secure their web applications to prevent unauthorized access based on vulnerabilities. ESAGAMES HOSTING SHIELD SRL cannot be held responsible if the client’s account is compromised.
The client is responsible for maintaining their own backups to prevent data loss due to hacks, exploitation or accidental deletion.
Rule 5
Forbidden modules on game servers
The following are not allowed on hosted game servers:
- Modules that modify performance positively or negatively (timer/booster/fps booster etc.).
- Modules known for serious security issues (e.g. webmod, hlguard).
- Modules adding CPU-controlled virtual players (bots).
- Any abusive methods that modify the player’s client (Slow-Hacking), including CS 1.6 client hacks (GameMenu edits, destroy, autobinds etc.).
Owners running such extensions or using the service for redirection risk automatic suspension without prior notice.
- Changing the number of slots beyond the purchased package (including “fake slots”) is forbidden.
- Clients must optimize their modules/extensions to reduce unnecessary resource usage.
- The client must not allow other servers to use their sv_downloadurl or expose it publicly.
Rule 6
Right to reject persons
We reserve the right to refuse any person or entity we do not wish to accept as a client, without the obligation to provide justification.
This right applies at any stage — during registration, order processing, service provisioning, or at any point during active service. Rejection does not entitle the applicant or former client to any compensation, explanation, or legal recourse beyond any applicable statutory rights.
ESAGAMES HOSTING SHIELD SRL may also refuse to provide services to clients who have been previously terminated for violations, clients who are associated with previously terminated accounts, or clients operating from jurisdictions where providing services would violate applicable laws or sanctions.
Rule 7
TeamSpeak 3 servers policy
For TeamSpeak 3 services, ESAGAMES reserves the right to ban rejected users without prior explanation.
Administrative ranks may be granted or maintained as needed to enforce these policies.
The hosting icon rule: our ESA icon must be used and linked/redirected to https://esagames.ro.
Rule 8
Game hosting resources & support
ESAGAMES HOSTING SHIELD SRL provides clients with the necessary tools for game server management (control panel, FTP access, etc.).
The sv_downloadurl (fast download for resources) is offered free of charge for hosted game servers.
Technical support for game hosting is free and offered through the forum, TeamSpeak or e-mail.
We do not provide custom plugin/module development on request.
Rule 9
VPS & Dedicated Server – Client responsibilities
Clients who purchase VPS (Virtual Private Server) or dedicated server services receive full administrative (root/administrator) access and bear sole responsibility for the security, configuration and maintenance of the operating system, software and data stored on those servers.
ESAGAMES HOSTING SHIELD SRL manages only the underlying physical infrastructure (hardware, network connectivity and power). The provider is not responsible for any data loss, security breach, misconfiguration or software malfunction caused by the client or by third parties who gain access through the client's negligence.
The client is fully responsible for keeping the operating system and all installed software up to date with security patches. Failure to do so that results in compromise of the server or network abuse does not entitle the client to any compensation or refund.
Running open proxies, open DNS resolvers, open mail relays, TOR exit nodes, or any software that can be used to amplify network attacks is strictly forbidden on VPS and dedicated servers.
ESAGAMES HOSTING SHIELD SRL reserves the right to immediately suspend or null-route any VPS or dedicated server that poses a threat to the network, other clients, or third parties, without prior notice and without refund.
Rule 10
Invoicing, payment and service suspension
Invoices for services are sent electronically 7 days before the due date. Automatic payment reminders are sent 3 days before the due date.
If payment is not received within 3 calendar days after the due date, services may be automatically suspended. ESAGAMES HOSTING SHIELD SRL reserves the right to delete data and reallocate IPs.
A partially paid invoice is not considered confirmed. Services are not extended proportionally for partial payments; the minimum subscription period is 30 days.
Any payment made on a billed service, even partially, is non-refundable. ESAGAMES HOSTING SHIELD SRL cannot be held liable if services are suspended due to unpaid or partially paid invoices.
After an invoice is fully paid and confirmed, ESAGAMES HOSTING SHIELD SRL undertakes to provide the service, typically within 72 hours. Provisioning time may vary depending on technical requirements, hardware availability and validation procedures; this timeframe is an estimate and not a binding guarantee.
ESAGAMES HOSTING SHIELD SRL reserves the right to verify the identity of the payer and the legitimacy of the payment method before activating any service. Failure to comply with verification requests within 7 calendar days may result in order cancellation without refund.
Rule 11
Backups during suspension
While a service is suspended due to non-payment, the owner has no right to request backup copies of their data.
Data associated with suspended services may be permanently deleted at any time after 7 calendar days from the date of suspension, without further notice. ESAGAMES HOSTING SHIELD SRL is under no obligation to retain, preserve, or return any data from suspended or terminated services.
If the client reactivates the service by completing payment within the 7-day period, ESAGAMES HOSTING SHIELD SRL will make reasonable efforts to restore the data, but does not guarantee that data will be intact, complete, or recoverable.
Rule 12
Accepted payment methods
Available payment methods:
- Bank transfer to the account displayed on the contact page.
- SMS payments provided via our partner SC MOBILPAY SRL (where available).
Rule 13
Transfers of services between clients
Any contracted service can be transferred to another client only with the explicit consent of the current owner and ESAGAMES HOSTING SHIELD SRL.
Additionally, the beneficiary undertakes to:
- Respect Romanian legislation in both letter and spirit.
- Avoid using our services to publish offensive, abusive or illegal content (forums, blogs, images etc.), including content that violates privacy, encourages illegal activities or infringes copyrights or related rights.
Service suspension due to violations does not imply partial or full reimbursement of amounts paid. The suspension interval is considered “service provided”. During or after suspension, the provider is not obliged to grant access to any data stored within the contracted service.
Rule 14
Counter-Strike 1.6, CS2 & Global Offensive redirection / fake players
Any type of redirection, fake players, bots or similar abuse on CS 1.6 / CS:GO / CS2 servers may lead to immediate suspension and permanent termination of services, without prior notice, warning, or refund.
This includes but is not limited to: player redirection plugins, fake player count inflation, query spoofing, server impersonation, and any technique designed to artificially increase apparent server population or divert players from other servers.
ESAGAMES HOSTING SHIELD SRL actively monitors for such abuse and may use automated detection systems. Findings from automated systems are considered sufficient grounds for suspension.
Rule 15
Prohibited DDoS threats / damaging services
DDoS threats, service damage or malicious activity between customers are strictly prohibited and can lead to suspension and termination of services, without refund.
If a client's service is the target of a DDoS attack and that attack impacts the broader infrastructure or other clients, ESAGAMES HOSTING SHIELD SRL reserves the right to null-route the affected IP address or suspend the targeted service until the attack subsides. No refund or compensation will be provided for service interruptions caused by DDoS attacks targeting the client.
The client acknowledges that DDoS protection is provided on a best-effort basis and that no mitigation solution can guarantee 100% protection against all attack vectors and volumes.
Rule 16
Prohibited CPU overflow through plugins
Abusive overflow of CPU resources using scripts/plugins is forbidden. Such situations may lead to temporary service suspension until the issue is resolved.
If the client fails to resolve the CPU overflow issue within 24 hours of notification, ESAGAMES HOSTING SHIELD SRL reserves the right to remove the offending plugins/scripts without further notice. The provider is not liable for any data loss or service disruption caused by such removal.
Repeated violations (3 or more incidents within a 30-day period) may result in permanent termination of the service without refund.
Rule 17
Suspension after payment delay
After a payment delay, ESAGAMES HOSTING SHIELD SRL reserves the right to suspend the product or service at any time.
A late payment surcharge of 10% of the outstanding invoice amount may be applied for each 7-day period the payment remains overdue, up to a maximum of 30% of the original invoice amount.
Reactivation of suspended services is subject to full payment of the outstanding invoice plus any applicable late fees. ESAGAMES HOSTING SHIELD SRL is not obligated to reactivate services and may require advance payment for the next billing cycle before reactivation.
Rule 18
Service closure after 3 days of unpaid delay
If payment is delayed by more than 3 days after the due date, we reserve the right to permanently close your services, without being required to keep any backups should you later decide to renew.
Closure of services under this rule is permanent and irreversible. All data, configurations, IP address assignments, and server settings will be permanently deleted. ESAGAMES HOSTING SHIELD SRL is under no obligation to retain any data or make it available for download after closure.
If the client wishes to resume service after closure, they must place a new order at current pricing. Previous pricing, discounts, or promotional rates do not carry over. The provider is not obligated to accept a new order from a previously terminated client.
Rule 19
Right to reject clients and cancel products
We reserve the right to reject customers or cancel any product/service if we decide that continuing collaboration is not in our interest, with or without prior notice.
In the event of provider-initiated cancellation (not caused by client violations), ESAGAMES HOSTING SHIELD SRL may, at its sole discretion, offer the client a prorated service credit for the unused portion of the current billing period. This does not constitute a right and will be evaluated on a case-by-case basis.
The client will be given a reasonable period (minimum 7 calendar days) to download their data before permanent deletion, unless the cancellation is due to abuse, illegal activity, or emergency circumstances requiring immediate action.
Rule 20
Refund & cancellation policy
All payments made for any service (web hosting, game hosting, VPS, dedicated servers, domains, TeamSpeak, voice services, or any other product) are final and non-refundable.
By completing a payment, the client acknowledges that the service has been provisioned or reserved and that no refund will be issued under any circumstances, including but not limited to: dissatisfaction with the service, failure to use the service, early cancellation, change of mind, migration to another provider, or any other reason.
If a client requests cancellation of a service before the end of the billing period, the service will remain active until the end of the paid period but no partial or prorated refund will be provided.
Promotional offers, discounts, or free trial periods do not create any right to a refund upon conversion to a paid service.
ESAGAMES HOSTING SHIELD SRL may, at its sole and absolute discretion, offer service credits (not cash refunds) in exceptional situations. Such credits do not create precedent and cannot be claimed as a right by any client.
Rule 21
Service level & uptime disclaimer
ESAGAMES HOSTING SHIELD SRL strives to maintain high availability of all services but does not guarantee 100% uptime. Temporary interruptions may occur due to scheduled maintenance, emergency repairs, hardware replacement, software updates, security patches, network reconfiguration, or other operational needs.
Scheduled maintenance windows will be announced in advance when possible, but emergency maintenance may be performed without prior notice when the stability or security of the infrastructure is at risk.
The client acknowledges that downtime — whether planned or unplanned — does not entitle them to any refund, credit, compensation, or extension of service. ESAGAMES HOSTING SHIELD SRL shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from service interruptions, including but not limited to loss of revenue, loss of data, loss of users/players, or reputational damage.
In the event of extended unplanned downtime exceeding 72 consecutive hours (not caused by force majeure, DDoS attacks, or client-side issues), ESAGAMES HOSTING SHIELD SRL may, at its sole discretion, offer a proportional service extension. This is a goodwill gesture and not a contractual obligation.
Rule 22
Hardware failure & data loss disclaimer
ESAGAMES HOSTING SHIELD SRL operates physical infrastructure that is subject to hardware wear, degradation and failure. Components such as SSDs, HDDs, RAM, CPUs, motherboards, network cards and power supplies may fail at any time without warning, as is inherent to all electronic equipment.
ESAGAMES HOSTING SHIELD SRL is not responsible for any data loss resulting from hardware failure, including but not limited to: SSD/HDD failure, RAID controller malfunction, firmware bugs, power surges, or any other hardware-related incident. The client is solely responsible for maintaining independent, off-site backups of all critical data.
Any backup service offered by ESAGAMES HOSTING SHIELD SRL (automatic or manual) is provided on a best-effort basis only and does not constitute a guarantee that backups are complete, functional, or recoverable. The provider shall not be held liable if backups are corrupt, incomplete, outdated, or unavailable.
In the event of hardware failure, ESAGAMES HOSTING SHIELD SRL will make commercially reasonable efforts to restore service on replacement hardware, but makes no guarantee regarding data recovery. Hardware replacement timelines depend on parts availability and supplier logistics.
The client expressly waives any claim for damages, refunds, or compensation arising from hardware failure or data loss.
Rule 23
Limitation of liability
To the maximum extent permitted by applicable Romanian and European law, ESAGAMES HOSTING SHIELD SRL, its directors, employees, partners and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to:
- Loss of profits, revenue, goodwill or anticipated savings.
- Loss of data, databases or digital content.
- Loss of business opportunities or contracts.
- Loss of players, users, community members or audience.
- Cost of procurement of substitute services.
- Damages arising from service interruption, suspension or termination.
- Damages arising from unauthorized access to or alteration of client data.
In any event, the total aggregate liability of ESAGAMES HOSTING SHIELD SRL for any and all claims arising from or related to the services shall not exceed the total amount paid by the client for the specific service during the 3 (three) months immediately preceding the event giving rise to the claim.
This limitation applies regardless of the legal theory upon which the claim is based (contract, tort, negligence, strict liability, or otherwise).
Rule 24
Force majeure
ESAGAMES HOSTING SHIELD SRL shall not be held liable for any failure or delay in performing its obligations when such failure or delay results from circumstances beyond its reasonable control (force majeure), including but not limited to:
- Natural disasters (earthquakes, floods, storms, lightning, fire).
- War, armed conflict, terrorism, civil unrest, riots or sabotage.
- Epidemics, pandemics or public health emergencies.
- Government actions, sanctions, embargoes, regulatory changes or court orders.
- Power grid failures, prolonged electricity outages or energy crises.
- Internet backbone failures, upstream provider outages, submarine cable damage or peering issues.
- DDoS attacks exceeding the provider's mitigation capacity.
- Data center failures (cooling, fire suppression, structural damage).
- Supplier or vendor failures (hardware delivery delays, parts shortages).
- Strikes, labor disputes or workforce shortages.
During a force majeure event, all affected obligations are suspended for the duration of the event. Neither party shall have the right to claim damages for delays caused by force majeure. If a force majeure event persists for more than 30 consecutive days, either party may terminate the affected services without liability.
Rule 25
Indemnification by client
The client agrees to indemnify, defend and hold harmless ESAGAMES HOSTING SHIELD SRL, its directors, employees, agents and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from or related to:
- The client's use or misuse of the services.
- Content hosted, stored, transmitted or distributed by the client on or through the services.
- Violation of these Terms & Conditions by the client or any user authorized by the client.
- Violation of any applicable law, regulation, or third-party right by the client.
- Any dispute between the client and a third party relating to the services.
- Any DDoS attack, security incident, or network abuse originating from or triggered by the client's services.
- Any claim by a third party that content hosted by the client infringes intellectual property rights.
This indemnification obligation survives termination of the client's account and services.
Rule 26
Domain registration policy
Domain registration services are provided through accredited registrars and are subject to the policies of the respective registries (ICANN, ROTLD, etc.).
Domain registration fees are non-refundable once the domain has been registered. Failed registration attempts due to domain unavailability will be refunded.
The client is solely responsible for ensuring timely renewal of their domains. ESAGAMES HOSTING SHIELD SRL is not liable for domain expiration, loss or transfer resulting from the client's failure to renew on time, provide accurate WHOIS data, or respond to registrar verification requests.
ESAGAMES HOSTING SHIELD SRL does not guarantee the availability of any domain name and cannot be held liable for disputes regarding domain ownership (UDRP proceedings, trademark conflicts, etc.).
Transfer of domains away from ESAGAMES HOSTING SHIELD SRL is subject to registrar lock policies and standard ICANN transfer procedures. Transfer fees and timeframes are determined by the gaining and losing registrars.
Rule 27
Price changes & service modifications
ESAGAMES HOSTING SHIELD SRL reserves the right to modify prices, features, specifications, and terms of any service at any time. Changes may be driven by market conditions, infrastructure costs, supplier pricing, currency fluctuations, or regulatory requirements.
Price changes will apply at the next renewal cycle. The client will be notified of significant price changes at least 14 calendar days before the new billing cycle begins.
If the client does not agree with the new pricing, they may cancel the service before the next renewal without penalty. Continued use of the service after the new pricing takes effect constitutes acceptance of the updated terms.
ESAGAMES HOSTING SHIELD SRL may discontinue, merge, or restructure service plans at any time. In such cases, clients on discontinued plans will be migrated to the nearest equivalent plan. If no equivalent plan exists, the client will be notified and may cancel without penalty.
Rule 28
Warranty disclaimer – services provided "AS IS"
All services provided by ESAGAMES HOSTING SHIELD SRL are delivered on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
ESAGAMES HOSTING SHIELD SRL expressly disclaims all implied warranties, including but not limited to: warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, and data integrity.
The provider does not warrant that: (a) the services will meet the client's specific requirements; (b) the services will be uninterrupted, timely, secure or error-free; (c) any defects will be corrected within a specific timeframe; (d) the results obtained from the use of the services will be accurate or reliable.
Any reliance on the services is at the client's sole risk. The client assumes full responsibility for selecting the appropriate service plan and ensuring it meets their technical and business needs.
Rule 29
VPS & dedicated server – acceptable use restrictions
In addition to the general acceptable use rules, the following activities are strictly prohibited on VPS and dedicated servers:
- Cryptocurrency mining (including but not limited to Bitcoin, Ethereum, Monero, and any proof-of-work or proof-of-stake mining operations).
- Running botnets, command-and-control (C2) servers, or malware distribution infrastructure.
- Mass scanning, port scanning, brute-force attacks, or vulnerability scanning of third-party systems.
- Hosting phishing pages, scam sites, or social engineering infrastructure.
- Running spam relay servers, bulk email systems or unsolicited messaging services.
- Providing anonymous proxy, VPN or tunneling services intended to mask illegal activities.
- IP spoofing or any form of traffic manipulation designed to obscure the origin of network traffic.
- Running software that generates excessive I/O, network, or CPU load disproportionate to the contracted resources.
Violation of any of the above will result in immediate suspension without prior notice and without refund. ESAGAMES HOSTING SHIELD SRL may also report the activity to the relevant authorities.
Rule 30
Network & IP address policy
IP addresses assigned to the client remain the property of ESAGAMES HOSTING SHIELD SRL (or its upstream providers) and are provided on a temporary usage basis only. IP addresses are not sold and cannot be transferred to other providers.
ESAGAMES HOSTING SHIELD SRL reserves the right to change, reassign or rotate IP addresses at any time for operational, security or legal reasons. The provider will make reasonable efforts to notify the client in advance, but immediate changes may occur without notice when network security is at risk.
If an IP address assigned to the client is blacklisted due to activities originating from the client's services (spam, abuse, malware), the client is solely responsible. ESAGAMES HOSTING SHIELD SRL may charge a fee for IP replacement in such cases.
The client must not announce, re-route or use assigned IP addresses outside the infrastructure provided by ESAGAMES HOSTING SHIELD SRL.
Rule 31
Governing law & jurisdiction
These Terms & Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Romania.
Any disputes that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts in the city where ESAGAMES HOSTING SHIELD SRL has its registered office, as registered with the Romanian Trade Register.
The client irrevocably waives any objection to jurisdiction, venue or forum non conveniens with respect to court proceedings in Romania.
If any provision of these Terms is found to be unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, while preserving the original intent.
Rule 32
Cooperation with authorities & abuse reporting
ESAGAMES HOSTING SHIELD SRL complies fully with Romanian and European Union law. The provider will cooperate with law enforcement agencies, regulatory authorities and judicial orders as required by applicable law.
The provider may disclose client data, server logs, content and other information when required to do so by a valid court order, subpoena, or official request from a competent authority, without notice to the client unless legally required to provide such notice.
ESAGAMES HOSTING SHIELD SRL may proactively report suspected illegal activities (including child exploitation material, terrorism-related content, or fraud) to the relevant authorities without prior notice to the client.
The provider maintains an abuse contact (abuse@esagames.ro) for third-party reports and responds to valid abuse complaints in accordance with applicable law and industry best practices.
Rule 33
Account inactivity & abandonment
If a client account remains inactive (no active services, no payments, no login activity) for more than 180 consecutive days, ESAGAMES HOSTING SHIELD SRL reserves the right to permanently close the account and delete all associated data without prior notice.
If a client has active services but fails to respond to official communications (billing reminders, abuse notifications, maintenance notices) for more than 30 consecutive days, ESAGAMES HOSTING SHIELD SRL may treat the account as abandoned and act accordingly, including suspension or termination of services.
ESAGAMES HOSTING SHIELD SRL shall not be held liable for any data loss or service interruption resulting from account closure due to inactivity or abandonment.
Rule 34
Chargebacks & fraudulent payments
If ESAGAMES HOSTING SHIELD SRL receives a chargeback, payment dispute, or payment reversal initiated by the client or their financial institution, the client's account and all associated services will be immediately suspended without prior notice.
The client will be charged an administrative fee of 50 EUR (or RON equivalent) for each chargeback received, in addition to any fees imposed by the payment processor or bank. This fee covers the administrative cost of processing the dispute.
In the event of a chargeback, the client must resolve the dispute directly with their financial institution and provide proof of resolution before services can be restored. ESAGAMES HOSTING SHIELD SRL reserves the right to permanently terminate the account if the chargeback is not resolved in favour of the provider within 30 days.
Payments made using stolen credit cards, fraudulent bank accounts, or any other unauthorized payment method will result in immediate account termination and the incident will be reported to the relevant authorities. The client will be held liable for all resulting damages and costs.
ESAGAMES HOSTING SHIELD SRL reserves the right to require identity verification before processing high-value orders or orders from high-risk jurisdictions.
Rule 35
Severability, entire agreement & amendments
If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
These Terms & Conditions, together with the Privacy Policy and any service-specific addenda, constitute the entire agreement between the client and ESAGAMES HOSTING SHIELD SRL and supersede all prior agreements, representations and understandings, whether oral or written.
ESAGAMES HOSTING SHIELD SRL reserves the right to modify, update or replace these Terms & Conditions at any time. The updated version will be published on this page with the revised effective date. Continued use of the services after any modification constitutes acceptance of the new terms.
The failure of ESAGAMES HOSTING SHIELD SRL to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Any headings, rule numbers, and section titles used in this document are for convenience only and shall not affect the interpretation of the provisions.
Rule 36
Intellectual property rights
All intellectual property rights in the ESAGAMES brand, logo, website design, control panel interfaces, proprietary tools, scripts, and documentation belong exclusively to ESAGAMES HOSTING SHIELD SRL and are protected under Romanian and international copyright and trademark law.
The client is granted a limited, non-exclusive, non-transferable, revocable license to use the service interfaces and tools solely for the purpose of managing their contracted services. This license does not transfer any ownership rights.
The client must not copy, reproduce, reverse-engineer, decompile, modify, distribute, or create derivative works from any proprietary software, interface, or tool provided by ESAGAMES HOSTING SHIELD SRL, unless expressly authorized in writing.
Any unauthorized use of ESAGAMES HOSTING SHIELD SRL's intellectual property may result in immediate service termination and legal action for damages.
Rule 37
Third-party software licensing
The client is solely responsible for ensuring that all software installed on their hosting, VPS, or dedicated server is properly licensed and compliant with the software vendor's terms of use.
ESAGAMES HOSTING SHIELD SRL does not provide, guarantee, or manage third-party software licenses (including but not limited to: operating systems, control panels like cPanel/Plesk, CMS platforms, game server software, database engines, etc.) unless explicitly included in the service plan.
If ESAGAMES HOSTING SHIELD SRL receives a valid complaint or legal notice regarding unlicensed software running on a client's service, the provider reserves the right to immediately suspend the service until the client provides proof of valid licensing. No refund or compensation will be provided for such suspensions.
The client agrees to indemnify ESAGAMES HOSTING SHIELD SRL against any claims, fines, or damages resulting from the client's use of unlicensed or pirated software.
Rule 38
Reseller policy & sub-client responsibility
If a client uses ESAGAMES HOSTING SHIELD SRL services to provide hosting or related services to their own end users (reselling), the client assumes full and sole responsibility for:
- All actions, content, and activities of their sub-clients/end users.
- Providing their own customer support to their end users (ESAGAMES HOSTING SHIELD SRL has no obligation to support the reseller's clients directly).
- Ensuring that all sub-clients comply with these Terms & Conditions.
- Handling billing, refunds, and disputes with their own end users.
ESAGAMES HOSTING SHIELD SRL is not party to any agreement between the reseller and their end users. The reseller may not make any promises, warranties, or SLA commitments on behalf of ESAGAMES HOSTING SHIELD SRL.
Violations of these Terms by a reseller's sub-clients will be treated as violations by the reseller themselves and may result in suspension or termination of the reseller's account without refund.
Rule 39
Communication & notification policy
All official communications from ESAGAMES HOSTING SHIELD SRL (invoices, service notifications, abuse reports, maintenance notices, policy updates) will be sent to the email address registered on the client's account.
The client is solely responsible for keeping their contact email current and functional. ESAGAMES HOSTING SHIELD SRL is not liable for missed communications due to outdated email addresses, full mailboxes, or spam filters blocking provider emails.
Communications sent by ESAGAMES HOSTING SHIELD SRL to the client's registered email are considered delivered and received at the time of sending. The client cannot claim they were not notified if the email was successfully dispatched to the address on file.
The client must whitelist @esagames.ro in their email client to ensure reliable delivery of critical service notifications.
Rule 40
Data retention after service termination
Upon termination of any service (whether by client cancellation, non-payment, or provider action), ESAGAMES HOSTING SHIELD SRL may delete all data associated with that service immediately and without further notice.
The provider is under no obligation to retain, archive, export, or return any client data after service termination. The client is solely responsible for downloading and backing up all data before cancellation or expiration.
If the client requests data recovery after termination, ESAGAMES HOSTING SHIELD SRL may, at its sole discretion, attempt to recover data and charge a data recovery fee for the effort. Recovery is not guaranteed and no refund of the recovery fee will be issued if recovery fails.
Certain data (billing records, logs, abuse reports) may be retained for legal, regulatory, or security purposes in accordance with applicable law and the Privacy Policy, regardless of service termination.
Rule 41
Shared hosting – server migration rights
ESAGAMES HOSTING SHIELD SRL reserves the right to migrate client accounts between servers (physical or virtual) at any time for purposes including but not limited to: load balancing, hardware replacement, datacenter relocation, performance optimization, or security improvements.
The provider will make reasonable efforts to perform migrations during low-traffic periods and minimize disruption, but does not guarantee zero downtime during migration. Temporary service interruptions during migration do not entitle the client to any refund, credit, or compensation.
IP addresses may change as a result of migration. The provider will notify the client of IP changes when possible, but immediate changes may occur in emergency situations.
Rule 42
Fair use & bandwidth / resource limits
Services marketed as "unlimited" or "unmetered" are subject to a fair use policy. "Unlimited" refers to the absence of a hard cap under normal usage patterns, not to the right to consume resources without restriction.
If a client's usage is deemed excessive, disproportionate, or harmful to the performance of shared resources (affecting other clients on the same server/node), ESAGAMES HOSTING SHIELD SRL may:
- Issue a warning and request the client to reduce usage.
- Throttle, rate-limit, or temporarily restrict the client's resource consumption.
- Suspend the service until the issue is resolved.
- Require the client to upgrade to a higher-tier plan or migrate to a VPS/dedicated server.
For VPS and dedicated servers, resource limits are defined by the contracted plan. Exceeding allocated CPU, RAM, disk I/O, or network bandwidth may result in throttling or suspension. No refund will be provided for services suspended due to fair use violations.
Rule 43
Dispute resolution & waiver of collective action
Before initiating any legal proceedings, the client must first attempt to resolve the dispute through direct negotiation with ESAGAMES HOSTING SHIELD SRL by sending a written complaint to the provider's official contact email. The provider will respond within 30 calendar days.
If the dispute cannot be resolved through direct negotiation, both parties agree to attempt mediation before a certified mediator in Romania, in accordance with Romanian mediation law (Law 192/2006). The costs of mediation shall be shared equally unless otherwise agreed.
The client agrees that any dispute, claim or controversy arising from these Terms or the use of the services shall be resolved on an individual basis only. The client expressly waives any right to participate in class actions, collective proceedings, or representative actions against ESAGAMES HOSTING SHIELD SRL, to the maximum extent permitted by law.
Any legal action or claim must be filed within one (1) year from the date the cause of action arose. Claims filed after this period are permanently barred.
Rule 44
Copyright infringement & takedown procedure (DMCA)
ESAGAMES HOSTING SHIELD SRL respects intellectual property rights and complies with Directive 2000/31/EC (E-Commerce Directive) and Romanian law regarding copyright infringement.
If you believe that content hosted on our infrastructure infringes your copyright, you may submit a written takedown notice to abuse@esagames.ro containing:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material and its location (URL or IP address).
- Your contact information (name, address, email, phone number).
- A statement that you have a good faith belief that the use is not authorized.
- A declaration, under penalty of perjury, that the information is accurate and that you are the copyright holder or authorized to act on their behalf.
Upon receipt of a valid takedown notice, ESAGAMES HOSTING SHIELD SRL will promptly disable access to or remove the infringing material and notify the affected client. Repeated copyright infringement by a client (3 or more valid takedown notices) will result in permanent termination of all services without refund.
ESAGAMES HOSTING SHIELD SRL acts as a neutral intermediary and does not pre-screen content hosted by clients. The provider shall not be held liable for infringing content uploaded by clients prior to receiving a valid takedown notice.
Rule 45
Email sending & anti-spam policy
Clients are strictly prohibited from using ESAGAMES HOSTING SHIELD SRL services to send unsolicited bulk email (spam), including but not limited to: commercial advertisements, phishing emails, chain letters, or any message sent to recipients who have not explicitly opted in.
All email sent from our infrastructure must comply with:
- Regulation (EU) 2016/679 (GDPR) regarding consent for electronic marketing.
- Directive 2002/58/EC (ePrivacy Directive) and its Romanian implementation.
- Valid SPF, DKIM, and DMARC records for the sending domain.
- Clear identification of the sender and a functional unsubscribe mechanism.
ESAGAMES HOSTING SHIELD SRL enforces sending rate limits on shared hosting platforms. The provider may restrict, throttle, or block email sending without notice if abuse is detected or if the client's sending IP is blacklisted.
If a client's actions cause IP reputation damage (blacklisting) affecting other clients on the same server, the offending account will be immediately suspended without prior notice. The client may be charged a remediation fee to cover the cost of IP delisting and reputation recovery.
ESAGAMES HOSTING SHIELD SRL reserves the right to scan outgoing email for spam, malware, or policy violations using automated systems.
Rule 46
Acceptance of terms
By creating an account, placing an order, making a payment, or using any service provided by ESAGAMES HOSTING SHIELD SRL, the client expressly acknowledges that they have read, understood, and agreed to be bound by these Terms & Conditions in their entirety.
The client confirms that they have had the opportunity to review these Terms before committing to any purchase or use of services. Ignorance of these Terms does not exempt the client from their obligations.
These Terms & Conditions are available at all times on the ESAGAMES website. It is the client's responsibility to periodically review them for changes. Continued use of services after any update constitutes acceptance of the modified terms.
If the client does not agree with any provision of these Terms, they must immediately cease using all services and contact ESAGAMES HOSTING SHIELD SRL to arrange cancellation of their account.
Rule 48
Right of withdrawal (consumers) & immediate performance
This rule applies only to consumers (natural persons acting outside their trade, business or profession) resident in the European Union. It does not apply to business clients (B2B).
The 14-day right. Under Directive 2011/83/EU and Romanian OUG 34/2014, a consumer who buys a service at distance normally has 14 calendar days from the conclusion of the contract to withdraw, without giving a reason. To exercise it, send an unequivocal statement to legal@esagames.ro before the 14 days expire. You may use the model withdrawal form, but it is not mandatory.
How you lose this right. Our services are digital and are activated instantly. At checkout you are asked to tick a separate, dedicated checkbox by which you expressly request that we begin performing the service immediately, and you acknowledge that you lose your right of withdrawal once the service has been fully performed. This consent is given knowingly, separately from your acceptance of these Terms, and is recorded with your order.
Partial performance. If you withdraw during the withdrawal period after having requested immediate performance, and the service has not yet been fully performed, you owe us an amount proportionate to what has been supplied up to the moment you informed us of your withdrawal, measured against the full contract price. Set-up work, licences and third-party costs already incurred are part of what has been supplied.
Not covered. The right of withdrawal does not apply to services that have been fully performed with your prior express consent, nor to goods or services made to your specifications or clearly personalised (for example custom infrastructure builds, dedicated hardware procured for you, or third-party licences purchased in your name).
Refunds. Where a valid withdrawal applies, we reimburse the sums due using the same payment method you used, without undue delay and within 14 days of being informed, less any amount owed for performance already supplied under the paragraph above.
Nothing in these Terms removes or limits any mandatory statutory right you have as a consumer.
Rule 49
Limitation of liability
To the maximum extent permitted by applicable law, the total aggregate liability of ESAGAMES HOSTING SHIELD SRL arising out of or in connection with the services, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the total amount actually paid by the client for the affected service during the twelve (12) months preceding the event giving rise to the claim.
To the maximum extent permitted by law, ESAGAMES HOSTING SHIELD SRL shall not be liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, or loss or corruption of data, even if advised of the possibility of such damages.
Backups are the client's responsibility. Unless a managed backup service has been purchased in writing, the client is solely responsible for maintaining independent, off-site backups of all data. Any backup facility we provide is offered as a convenience, without warranty, and does not transfer that responsibility to us.
We are not liable for interruptions, degradation or loss caused by: third-party networks or upstream providers; denial-of-service attacks exceeding our published mitigation capacity; the client's own software, configuration, plugins, mods or content; unlawful or abusive use; or force majeure.
Limits of these limits. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for any other liability that cannot lawfully be excluded or limited. Where the client is a consumer, these limitations apply only to the extent permitted by mandatory consumer protection law.
Rule 50
Service availability (SLA) & service credits
ESAGAMES HOSTING SHIELD SRL targets 99.9% monthly network availability for its Frankfurt infrastructure. "Availability" means the reachability of our network to our edge, measured by our own monitoring systems, which are the reference for any claim.
Excluded from availability calculations (these periods never count as downtime):
- scheduled or emergency maintenance;
- denial-of-service attacks, including traffic exceeding our published mitigation capacity, and mitigation measures such as null-routing or rate-limiting applied to protect the platform;
- failures of third-party networks, upstream carriers, registries or datacentre facilities outside our control;
- issues caused by the client's own software, game build, mods, plugins, scripts, configuration or content, or by resource exhaustion within the client's own plan limits;
- suspension for non-payment, abuse or breach of these Terms or the acceptable use rules;
- force majeure and any event outside our reasonable control.
Sole remedy — service credits. Where availability for a calendar month falls below the target for reasons attributable to us, the client's sole and exclusive remedy is a service credit applied to a future invoice. Credits must be requested in writing within 7 days of the incident, are calculated pro-rata on the affected service's monthly fee only, and are capped at 50% of that monthly fee. Service credits are not cash, are not refundable, and do not accumulate beyond that cap.
This SLA applies only while the account is in good standing and all invoices are paid. Beta, free, promotional and "Coming Soon" products are provided as-is and carry no availability commitment.
Rule 51
Acceptable use & grounds for suspension
The following are prohibited on any ESAGAMES service. This list supplements, and does not replace, the specific rules elsewhere in these Terms:
- any unlawful activity under Romanian, EU or applicable local law;
- infringing intellectual property — including pirated, cracked, leaked or stolen software, game files, scripts, resources or media (see also our FiveM & GTA Policy);
- launching or facilitating attacks, including DoS/DDoS, stressers/booters, port scanning, intrusion attempts or botnet control;
- distributing malware, phishing pages, carding/fraud tooling or spam;
- cryptocurrency mining or any workload designed primarily to consume shared resources, unless expressly authorised in writing;
- content that is child sexual abuse material, incites violence or hatred, or is otherwise manifestly illegal;
- circumventing plan limits, resource caps, licensing or billing;
- reselling services outside an authorised reseller agreement.
Suspension. ESAGAMES HOSTING SHIELD SRL may suspend or terminate a service, with immediate effect and without prior notice where the situation requires it, on any of the following grounds: (a) non-payment of a due invoice; (b) breach of these Terms or of this acceptable use rule; (c) a credible report or legal notice of unlawful or infringing content; (d) activity that threatens the integrity, security or availability of the platform or other clients; (e) where required by law, a court, or a competent authority.
Where the circumstances reasonably allow it, we will notify the client and, where appropriate, give an opportunity to remedy the breach. No refund or compensation is due for suspensions or terminations resulting from a breach attributable to the client. Data on a terminated service may be deleted after the retention period stated in these Terms.
Reports of abuse or intellectual-property infringement can be sent to abuse@esagames.ro and are reviewed promptly.
Rule 52
Governing law, jurisdiction & dispute resolution
These Terms & Conditions and any contract concluded under them are governed by Romanian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
Business clients (B2B). Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Romania, at the registered seat of ESAGAMES HOSTING SHIELD SRL.
Consumers. If you are a consumer resident in the European Union, the choice of Romanian law above does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence. We may bring proceedings against a consumer only in the courts of the consumer's country of residence.
Amicable resolution first. Before starting any proceedings, please contact us at legal@esagames.ro — most matters are resolved quickly and directly.
Alternative dispute resolution. Consumers may also use the Romanian National Authority for Consumer Protection (ANPC) SAL mechanism (anpc.ro/ce-este-sal) or the European Commission's Online Dispute Resolution platform (ec.europa.eu/consumers/odr). We are not obliged to participate in, and do not commit to, any particular alternative dispute resolution procedure, save where required by law.
Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions shall continue in full force.
Rule 53
Effective date & revision history
These Terms & Conditions are effective as of April 8, 2026.
This document supersedes all previous versions of the Terms & Conditions published by ESAGAMES HOSTING SHIELD SRL. The most current version is always available on the provider's website.
ESAGAMES HOSTING SHIELD SRL maintains a revision history of material changes to these Terms. The date shown above reflects the latest revision.
For questions regarding these Terms & Conditions, please contact: legal@esagames.ro
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