Terms of Service

Mar 6, 2022 | Rules

“AIRCOM MEDIA” S. R. L. provides web hosting services to Clients around the world. The following terms of service are designed to provide the highest level of service available.

“AIRCOM MEDIA” S. R. L. (“ABCD.host”, “we”, “us” or “our”) welcomes you to abcd.host (the “Website”). These terms and conditions of service (collectively, with ABCD.host’s Privacy Policy, the “Terms of Service” or “Agreement”) govern your use of the Website and the services, features, content or applications operated by “AIRCOM MEDIA” S. R. L. (together with the Website, the “Services”), and provided to the Client (the “Client”, “you” or “your”). Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services, including without limitation any sub-users. Using the Services in any manner constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES AND YOU SHOULD EXIT THE WEBSITE AND STOP USE OF THE SERVICES IMMEDIATELY.

“AIRCOM MEDIA” S. R. L. reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, “AIRCOM MEDIA” S. R. L. will notify you by posting an announcement on the Website, or via email. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.

All services provided by “AIRCOM MEDIA” S. R. L. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Republica Moldova law is prohibited. The Client agrees to indemnify and hold harmless “AIRCOM MEDIA” S. R. L., from any claims resulting from the Client’s use of “AIRCOM MEDIA” S. R. L. ‘s services which damages the Client or any other party.

What Is Prohibited

“AIRCOM MEDIA” S. R. L. will be the sole arbiter as to what constitutes a violation of this provision.

Examples of prohibited usage of “AIRCOM MEDIA” S. R. L. services for purpose of (but are not limited to):

  • Spamming, i.e. the sending of unsolicited email, from any “AIRCOM MEDIA” S. R. L. server or any server located on the “AIRCOM MEDIA” S. R. L. network is STRICTLY prohibited. “AIRCOM MEDIA” S. R. L. will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at “AIRCOM MEDIA” S. R. L.;
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by “AIRCOM MEDIA” S. R. L. customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any “AIRCOM MEDIA” S. R. L. hosted domain, or referencing any “AIRCOM MEDIA” S. R. L. account, is prohibited;
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited;
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited;
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited;
  • All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection;
  • Configuring your service to act as an open-proxy;
  • Virtual currency (cryptocurrency) mining (BitCoin, Ethereum, etc.).

“AIRCOM MEDIA” S. R. L. will be the sole arbiter as to what constitutes a violation of this provision.

Examples of prohibited actions within “AIRCOM MEDIA” S. R. L. infrastructure:

  • Any attempts to undermine or cause harm to a “AIRCOM MEDIA” S. R. L. infrastructure or Client of “AIRCOM MEDIA” S. R. L. is strictly prohibited including, but not limited to:
  • Logging into a server or account that you are not authorized to access;
  • Accessing data or taking any action to obtain services not intended for you or your use;
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network without the authorization of the owner;
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System;
  • Interfering with, intercepting or expropriating any system, data or information;
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system;
  • Misuse of system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Exact “AIRCOM MEDIA” S. R. L. infrastructure limitations are listed in SLA and may vary depending on service type provided to Client.

“AIRCOM MEDIA” S. R. L. will be the sole arbiter as to what constitutes a violation of this provision.

Examples of Advertising & Promotions Limitations for “AIRCOM MEDIA” S. R. L. clients (but are not limited to):

  • In the following scenarios “AIRCOM MEDIA” S. R. L. clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at “AIRCOM MEDIA” S. R. L.. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by “AIRCOM MEDIA” S. R. L.
  • Claims related to DDoS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or DDoS or DoS services;
  • Any illegal or unlawful activity;
  • Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.

“AIRCOM MEDIA” S. R. L. will be the sole arbiter as to what constitutes a violation of this provision.

Support

Technical Support

“AIRCOM MEDIA” S. R. L. support includes access to technical support provided via phone, ticket system and email.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by “AIRCOM MEDIA” S. R. L. notwithstanding any agreement by “AIRCOM MEDIA” S. R. L. to provide back up services.

Scheduled Maintenance and Downtime

“AIRCOM MEDIA” S. R. L. will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond “AIRCOM MEDIA” S. R. L.’s control or which are not reasonably foreseeable by “AIRCOM MEDIA” S. R. L., including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. “AIRCOM MEDIA” S. R. L. will provide at least 72 hours advance notice to the Client for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. “AIRCOM MEDIA” S. R. L. has no responsibility for downtime resulting from a user’s actions.

Account Creation And Termination

Account Details

To use the Service, you must register, or have previously established, an account within “AIRCOM MEDIA” S. R. L. (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

  • When creating an Account, you are required to provide “AIRCOM MEDIA” S. R. L. with certain accurate, valid and up to date information such as, but not limited to, your name, address, phone number, email address. For a private person the provided information should contain at least: full name of Account holder, address of residence, phone number and email address. For legal person it is required to provide: legal address, company registration number, phone number, email address and the full name of the Account holder entitled to operate it on the behalf of the company.
  • The maximum number of Accounts that a private or a legal person may register within “AIRCOM MEDIA” S. R. L. is limited to no more than one (1) Account.
  • It is your obligation to maintain the provided Account information up to date. Keeping your contact information up to date may be critical for the purpose of receiving “AIRCOM MEDIA” S. R. L. ‘s support as contemplated by SLA.

“AIRCOM MEDIA” S. R. L. ‘s retention of your personal information is subject to the Privacy Policy.

At any time, “AIRCOM MEDIA” S. R. L. may request for a valid proof of the Account details you have provided, such proof as, but not limited to, a copy of your private ID or your company license and registration documents. Denial to comply or fact of providing false Account details may lead to your Account suspension and termination.

Password Security and Account Authorization

“AIRCOM MEDIA” S. R. L. provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. “AIRCOM MEDIA” S. R. L. will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Termination

“AIRCOM MEDIA” S. R. L. reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time and terminate the Services, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law. Any such termination may result in the forfeiture and destruction of information associated with your Account. “AIRCOM MEDIA” S. R. L. may provide prior notice of the intent to terminate Services to you if such notice will not, at “AIRCOM MEDIA” S. R. L. ‘s discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to “AIRCOM MEDIA” S. R. L. before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as “AIRCOM MEDIA” S. R. L. ‘s costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Client by this Agreement will immediately be terminated, and Client shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions written belows in “Cancellation Procedure” paragraph. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Cancellation Procedure

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Customer may submit a cancellation request via help desk ticket. “AIRCOM MEDIA” S. R. L. is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

Please note that we keep logs of Clients’ activity and Personal Data for at least 36 months. It is done to comply with Law #133 on Personal Data and for the purpose of diagnosing and fixing of possible problems to occur later. This theme is addressed in our Privacy Policy in “Data retention” and “Data security” articles.

Finance

The account will be charged based on selected billing cycle for the service. Billing dates are recurring on the day the account was opened.

Refunds

We will provide refunds on a case-by-case basis based on our SLA. In case of return of unused funds, the refund amount is equal to the amount of unused funds in the account, minus payment systems’ transfer commission costs.

Any violation of “AIRCOM MEDIA” S. R. L. ‘s Terms of Service Agreement shall result in no refund.

Credit Card Charge Backs

A credit card chargeback fee equivalent to payment systems transfer commission costs. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the chargeback fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in service suspension or account termination (if the account is terminated all information within the account will be deleted).

Automatic Payment Liabilities

When the client creates an automatic payment profile in order to pay for “AIRCOM MEDIA” S. R. L. services automatically, the customer is responsible for the cancellation of this profile when he no longer wants to use this method of payment for “AIRCOM MEDIA” S. R. L. services. “AIRCOM MEDIA” S. R. L. is not responsible for processing or refund of the payment which was received for non-existent or disabled service.

Opening a Dispute with Payment System

Please note that “AIRCOM MEDIA” S. R. L. reserves right to immediately terminate all related to dispute accounts and services without refund if we consider your opened dispute with the payment system about the refund of the money paid for “AIRCOM MEDIA” S. R. L. services to be an abuse of the payment system (if the account is terminated all information within the account will be deleted).

Event of Default by Customer

(Disabling of services due to overdue payment). All invoices are generated 7 days prior to the date of payment. If the customer fails to pay an invoice within 3 days after the missed payment date of that invoice, “AIRCOM MEDIA” S. R. L. reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service.

“AIRCOM MEDIA” S. R. L.’s Remedy upon Default; Termination

In addition to all rights and remedies granted to “AIRCOM MEDIA” S. R. L. in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, “AIRCOM MEDIA” S. R. L. shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than (15) days, to terminate the Services provided to Customer, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to “AIRCOM MEDIA” S. R. L. all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

Legal

Regulatory Legislation

“AIRCOM MEDIA” S. R. L. is acting under Moldova Republic legislation

Dispute Resolution

In case Any dispute between “AIRCOM MEDIA” S. R. L. and a Client are not settled by negotiations, they should be examined by the Arbitration Court in accordance with the effective Moldova Republic legislation, observing the rules of jurisdiction . Each party shall bear its own expenses and legal fees for the Arbitration Court. The court shall be conducted in Arbitration Court of Moldova Republic, unless both parties agree in writing to a different location. Any threat of a lawsuit against “AIRCOM MEDIA” S. R. L. can lead to an immediate shutdown of all provided to you services.

Indemnification

Customer agrees to indemnify and hold harmless “AIRCOM MEDIA” S. R. L., its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, “AIRCOM MEDIA” S. R. L. SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. “AIRCOM MEDIA” S. R. L. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF “AIRCOM MEDIA” S. R. L. AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AVERAGE MONTHLY FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, “AIRCOM MEDIA” S. R. L. PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND “AIRCOM MEDIA” S. R. L. SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

Promotional Use

“AIRCOM MEDIA” S. R. L. may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by “AIRCOM MEDIA” S. R. L. may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the “AIRCOM MEDIA” S. R. L. website. This reference will be strictly limited to disclosure that “AIRCOM MEDIA” S. R. L. has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at “AIRCOM MEDIA” S. R. L. However, “AIRCOM MEDIA” S. R. L. may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

General

Terms Of Service are subject to change without any prior notification. Content that does not meet these standards may be removed without prior notice to the Client.

These Terms of Service are a legally binding contract between the Client and “AIRCOM MEDIA” S. R. L.

By opening an account, the Client agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by “AIRCOM MEDIA” S. R. L. administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. “AIRCOM MEDIA” S. R. L. maintains the right to terminate accounts without prior notification.

Any work or professional services performed or provided by “AIRCOM MEDIA” S. R. L. under this Agreement shall not be deemed as Work For Hire.

In the case that a customer is terminated for violating one or more of the “AIRCOM MEDIA” S. R. L. Terms of Service, “AIRCOM MEDIA” S. R. L. reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account.

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of “AIRCOM MEDIA” S. R. L. and all dedicated servers must adhere to the above policies.