Information service agreement - dedicated server lease.

Transcription

1 Information service agreement - dedicated server lease. Chisinau city Magic-Net SRL represented by the director Vieru V.S., acting under the Charter, hereinafter referred to as the Contractor, and, represented by the director, acting under the Charter, hereinafter referred to as the Subscriber, on the other hand, have entered into this agreement as follows: 1. SUBJECT MATTER The Subscriber assigns and the Contractor undertakes to perform works and services as follows: 1.1. Providing the Subscriber access to the Contractor s technical resources - dedicated server connected to Internet transport and information channels in accordance with the terms hereof The Contractor hereunder is not a direct participant to the transfer, storage and processing of information provided by the Subscriber, and, accordingly, shall not be liable to third parties for any violation of their rights in connection with the placement of such information. 2. ENTERING INTO THE AGREEMENT and LEGAL EFFECT OF DOCUMENTS 2.1. The text hereof is a public offer (in accordance with art. 681, 684 and part 1.2, Chapter XII of the Civil Code of the Republic of Moldova Acceptance of the offer is payment for the services ordered by the advance payment as specified herein. The acceptance by the Subscriber hereof means that he agrees with all provisions hereof and the Appendixes hereto The parties hereto recognize the legal effect of texts of documents received by electronic communication channels, along with documents executed merely in writing. The exception to this rule is the exchange of claims, as well as of documents the written printed form is required for Electronic communication channels in terms hereof with contact addresses specified herein, as well as the Contractor s web-server: If the Subscriber s contact addresses are absent herein or contact address are changed on the Subscriber s initiative, addresses conveyed to the Contractor by service request shall be deemed contact ones. 3. ALLOWED CONTENT Magic-Net does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by , uploading, posting or otherwise). Adult Sites: We do not prohibit adult (pornographic) web-sites and content on our servers except illegal content. Illegal use: Magic-Net services may not be used for illegal purposes, or in support of illegal activities. Copyright or trademark infringement: Use of the Magic-Net service to transmit any material (by , uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are

2 prohibited. Distribution of software that monitors computer or computer user activity without the computer user\ s knowledge and consent is prohibited. 4. SPAMMING Spamming (sending unsolicited commercial or bulk s) using our servers is strictly not allowed. Do not send spam from our servers. Sending spam s which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam s. To protect our servers we may impose limits on the number of s sent within a particular time frame from our servers. Usenet Spamming: We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. 5. SERVER USE 1. The customer shall be responsible for all their data they transmit and/or store on hardware provided or co-located at Magic-Net s data center facility, and shall also be obligated to maintain and process regular backups of such data. 2. The customer shall carry out an entire data backup before any changes are made. 3. Services of Magic-Net may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable Moldavian and/or International law or regulation is strictly prohibited. This includes, but is not limited to: 1. Spam / UCE (Unsolicited Commerce ) 2. Copyrighted Material 3. Trade Secrets or other intellectual property rights used without proper authorization 4. Extremity material or material not deemed in good taste 5. Unacceptable content or links (Pirated Software, Hacker Programs/Archives, Warez) 6. Software/Systems that are designed to harm other people (e.g. Scam, Phishing, Botnet, Malware, Virus) 4. The following services and/or software are only tolerated by Magic-Net to be used and/or offered by the customer within its network and/or equipment. Magic-Net reserves the right, in its sole discretion, to prohibit these services/software: 1. IRC related software and services (e.g. IRCd, Bouncer, Bots) 2. File sharing Clients/Server (e.g. edonkey, Torrents) 5. Anything that harms the integrity of Magic-Net s network or other networks is strictly prohibited and results in an immediate suspension of Magic-Net s services without prior notice. This includes, but is not limited to: 1. Trying to gain unauthorized access into other systems/networks 2. Manually changing/manipulating the devices physical MAC address 3. Forging of any network packet headers 4. Denial of Service (DoS) attacks of any kind 5. Use of probing, or scanning of systems security or authentication measures, data, or traffic Interference with service to any user, host, or network including, without limitation, mail bombing,

3 flooding, deliberate attempts to overload a system, broadcast attacks, MITM (man in the middle) attacks 6. In case Magic-Net receives Abuse Complaints regarding the customer, Magic-Net shall forward these abuse complaints to the customer and verify its validity. If it turns out to be a valid abuse case, Magic-Net gives the customer a 24-hour timeframe to resolve the issue. If the customer fails to contact Magic-Net and/or doesn t resolve the abuse issue within this given timeframe, Magic-Net reserves the right to partially restrict or fully suspend the services provided to the customer. Magic-Net reserves the right, in urgent matters, to directly restrict or suspend the service and contact the customer for afterwards. 6. SCRIPTS You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to: ensuring that it is not possible to abuse such scripts to gain access to the file system of the server. ensuring that it is not possible to abuse such scripts to send s to third parties. ensuring that you update any installed scripts with the latest releases, which often contain security fixes. If a script installed on your site is compromised, we may require a clean up of your site. Where we provide an automatic script installer we may update installed scripts to the latest releases. 7. RESPINSIBILITY Magic-Net will not be responsible for any damages your business may suffer. Magic-Net makes no warranties of any kind, expressed or implied for services we provide. Magic-Net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Magic- Net, its employees, suppliers, customers or any third party. You, as a Magic-Net customer, are solely responsible for the content stored on and served by your web site. 8. BACKUPS You are solely responsible for maintaining adequate backups of your content. We may provide a backup service for your site on the webhosting account, however, we do not accept responsibility for any failure of our backup mechanism. 9. TECHINACAL SUPPORT Magic-Net provides technical support to our customers via our support . For shared hosting, Magic-Net provides support related to your web site physical functioning. Magic-Net does not offer technical support for application specific issues such as PHP or cgi programming, html, script installation or any other such issue. There are links in the members area to other web sites that can help with such issues. You may purchase additional technical support for issues which are not covered by our normal support. For a cost estimate for additional support please simply write us to our support team describing the support you require. If you purchase additional technical support and our estimate is

4 too low we will stop work and advise you as soon as possible and provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you. 10. DEDICATED SERVERS Standard dedicated server technical support is limited to resolving issues related to functioning of the server hardware. The customer agrees to provide any information required to diagnose faults, such as root passwords. We will on request perform a power-cycle reboot of your dedicated server. Additional management are available for purchase in advance. 11. MODIFICATION We may modify any of these terms and conditions contained, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s). In this case, a pro-rata repayment of web hosting costs will be made. 12. CONTRACT DURATION/CANCELLATION/TERMINATION Unless terminated, this contract shall remain effective for an indefinite period of time. This contract may be terminated by either party without giving any reason whatsoever fifteen (15) days before its next due date. In the absence of such termination, the contract will extend automatically by the agreed minimum contract time, which is usually one (1) month, a quarter, halfyear, or a year. Magic-Net may terminate this contract in case (a) the customer is in arrears with payments over due for more than seven (7) days; or (a) the customer contravenes or ignores warnings about infringement of the requirements of Article Server Use or (a) the customer repeatedly violates this Terms of Service, or any part thereof. If the customer intends to devolve their contractual rights to another person, they require prior written consent from the authorized personnel of Magic-Net. 13. CANCELLATION AND REFUND POLICIES Magic-Net will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 30 days of ordering. Domain name registrations cannot be cancelled and are not refundable. Magic-Net offers its new customers that never had a business relation with it before, a 7- days money back guarantee for all dedicated server plans. From the day that Magic-Net supplied the ordered service to the customer, they have seven (7) days time to revoke their order and contractual statement without stating any reasons. In case the Customer uses their right of revocation, Magic-Net shall be obliged to issue a refund within thirty (30) days upon receipt of the revocation by the customer. The money back guarantee and the right to revoke excludes any services that require the involvement of a third party, including but not limited to, software licenses of third parties, domain names and Independent Internet Number Resources; custom made orders that Magic-Net ordered specifically for the customer or if the customer violated any of this Terms of Service. Web hosting accounts all new web hosting accounts are covered by a 30 day money back

5 guarantee. If you become dissatisfied with our services at any point within the first 30 days of holding an active account, we will issue a 100% refund of your money unless otherwise specified at, or prior to, the time of purchase. Web hosting renewals your web hosting account will renew on a monthly basis. Refunds for web hosting account renewals will be granted to customers who request a cancellation of their service, in writing, no later than 5 days before the renewal date. No exceptions will be made to this policy. Changes to registered domain names (incorrect spelling, etc..) cannot be made once the domain has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and it is recommended that you have someone else read it as well to ensure it is exactly as expected. Contractor Company Name: «Magic-Net» SRL IDNO: Subscriber Bank Information: EXIMBANK GRUPPO VENETO BANCA, Filial 19 SWIFT: EXMMMD22 Bank Account (EUR): EU Cod IBAN: MD91EX EU Contact Information: Telefon: support@magicnet.md Adress: MD 2001, Republica Moldova, mun. Chisinau, str. Salcimilor, 24/2 of.3 director Vieru Vladimir