Public offer

About the provision of hosting services and registration of domain names on the Internet (hereinafter referred to as Services) to a legal or natural person, hereinafter referred to as the Subscriber, by the company “AvaHost Ltd.”, hereinafter referred to as

(also referred to as the Contractor in the text). This agreement constitutes a public offer (hereinafter referred to as the Offer) and, in accordance with the current legislation of Republic of Moldova, has corresponding legal force.

1. GENERAL TERMS

1.1. The term “Services” refers to the provision of the following to the Subscriber:

• A unique username and password allowing them to upload their information to AvaHost servers (within 2-3 business days after payment is received in AvaHost’s bank account);
• Support for primary and secondary DNS name servers for the used domains;
• The ability to set up email addresses with storage capacity within the quota specified by the chosen tariff plan;
• Access to all available programs and features;
• Access to visit statistics;
• Necessary consultation via email and phone by the technical support service for the setup and connection to the Service.

1.2. The provision of the ability to send and receive electronic messages for the Subscriber within the AvaHost office, as well as the configuration or diagnostics of the Subscriber’s personal computer, modem, and software, both at AvaHost office and through on-site visits to the Subscriber, are not included in the scope of the Services. Additionally, training on working with the Internet is also not included.

1.3. Furthermore, AvaHost provides services for domain name registration based on agreements with registering organizations.

1.3.1. During the provision of services to the Subscriber for domain name registration, AvaHost shall not be held responsible for the terms and possible delays in registration, which may arise due to technological peculiarities of the registering organization and/or equipment/software malfunctions. Additionally, AvaHost is not liable for the registering organization’s refusal to register a domain for any reasons that do not contradict its internal Regulations.

1.3.2. A new domain name is registered if all necessary conditions, rules, and norms of its registration are met, including:

• at the time of registration, the domain name is available;
• commonly accepted moral and ethical norms are not violated;
• the application provides complete and accurate information required for registration;
• the rules of the specific domain zone are adhered to, as described on https://my.ava.hosting/cart.php?a=add&domain=register, as well as on the official website of the Domain Zone Administrator.

1.3.3. AvaHost does not claim ownership rights over the domain names registered for clients and does not assert any such rights, provided that the appropriate fees are paid.

1.3.4. In the event that, for any reason, it is not possible to register a domain for the Subscriber, the Contractor has the right to register such a domain using their own contact information. However, in doing so, the Contractor does not acquire ownership rights over such domain names and does not claim any ownership over them.

1.3.5. During the registration of a domain name, the Subscriber guarantees that the registration and use of the domain:

• does not violate the current legislation of Republic of Moldova;
• does not infringe upon the rights and legally protected interests of third parties;
• is not used for disseminating false information, deceiving consumers, engaging in unfair competition, or committing other legal violations.

1.3.6. The Domain Zone Administrator, Registry Operator, and/or Domain Registrar AvaHost cannot be involved as defendants in a legal dispute regarding the breach of warranties by the Subscriber, as specified in clause 1.3.5. of the offer.

1.3.7. The Domain Zone Administrator, Registry Operator, and/or Registrar AvaHost shall not be held responsible for the consequences of the Subscriber’s use or non-use, or unauthorized use of domain names, especially with regards to third parties, as well as for any infringement of third-party rights by the Subscriber.

1.3.8. The Subscriber undertakes to provide all necessary information and documentation required for domain registration within the timeframe established by the rules of the domain zone in which the domain name is being registered.

1.4. By accepting the Offer, the Subscriber:

• agrees to abide by its rules and conditions;
• agrees to comply with the rules and regulations of the domain zone in which the domain is being registered;
• agrees to adhere to the dispute resolution policy and rules of the domain zone in which the domain is being registered;
• agrees to resolve disputes arising with third parties regarding the domain name through mandatory administrative proceedings by authorized ICANN-accredited dispute resolution organizations;
• agrees to the blocking, deletion, or transfer of the domain name based on decisions made by authorized organizations in accordance with the dispute resolution policy and rules of the domain zone where the domain name is registered;
• confirms awareness of the risks associated with the inability to identify the Subscriber when providing impersonal data to the Contractor for receiving the Services.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Obligations of AvaHost:

2.1.1. Provide the Subscriber with Services through registration.

2.1.2. Register the Subscriber by issuing them a password and username (login) through the transmission of the password and login to the Subscriber’s email.

2.1.3. Provide Services according to the amount of the subscription fee deposited by the Subscriber into their personal account, in accordance with clause 3 of the Offer.

2.1.4. Maintain the confidentiality of the information provided by the Subscriber during registration, as well as the contents of private email messages, except in cases prescribed by the current legislation of Republic of Moldova and the Privacy Policy.

2.1.5. Publish official notifications related to Subscriber service and changes in payment tariffs on the AvaHost’s WWW server.

2.1.6. In the event of technical issues with AvaHost’s equipment, restore the website’s functionality within 24 hours, including weekends and holidays.

2.1.7. During the transfer of a website from one company server to another, retain the information on the old server for a period of 5 business days.

2.1.8. Notify the Subscriber via the contact email provided in the Subscriber’s profile about the expiration of the registration term or the domain name being blocked.

2.1.9.
Allow the transfer of the domain name to another registrar if the Subscriber has no outstanding debts to AvaHost and possesses the documents mentioned in clause 2.2.7. of this Offer.

2.2. Obligations of the Subscriber:

2.2.1. Pay for the Services according to the chosen tariff plan of AvaHost. The Subscriber undertakes to independently familiarize themselves with the information about the terms of service and tariffs on the AvaHost’s WWW server.

2.2.2. Keep the relevant financial documents issued to them that confirm the payment for the Services.

2.2.3. Regularly (not less than once a week) acquaint themselves with the official information related to the Subscriber’s service, including changes to AvaHost’s tariff plans, which are published according to the procedure specified in clause 2.3.5 of this Offer.

2.2.4. Regularly, but no less frequently than once a month, monitor the status of the domain name and, in case of any discrepancies, promptly inform AvaHost about it.

2.2.5. Ensure the completeness, truthfulness, and accuracy of the information provided in the Subscriber’s user profile.

2.2.6. Respond to electronic inquiries from AvaHost directed to the Subscriber’s contact email within five days from the moment of their dispatch, and to urgent electronic inquiries within one day.

2.2.7.

When transferring a domain to another registrar, send a scanned copy of a hand-signed statement to AvaHost’s finance department via email. The statement should include the name of the transferred domain and the registrar identifier to which the domain is being transferred. Along with the statement, if the Subscriber is an individual, send scanned copies of their passport.

For domain re-delegation (changing of registrant), provide the original written request along with copies of the documents of the current registrant (Subscriber) as specified in clause 2.2.8.

2.2.8. Upon AvaHost’s request, provide scanned copies of documents within 5 calendar days to confirm the accuracy and truthfulness of the information stated in the Subscriber’s user profile.

(а) For individuals: a copy of a valid passport.

(б)For legal entities: an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations.

2.2.9. Reimburse AvaHost for expenses incurred if the Subscriber’s domain name, which was blocked by a court decision or by an organization authorized for extra-judicial domain dispute resolution, is renewed.

2.3. Rights of AvaHost:

2.3.1. Temporarily suspend the provision of Services to the Subscriber until AvaHost receives written explanations from the Subscriber in the following cases:

(a) Non-receipt of payment for the Services within the specified deadlines set by AvaHost.

(b) Actions aimed at restricting or obstructing other users’ access to the Services, as well as attempts to unauthorizedly access AvaHost’s resources and other systems accessible through the Internet.

(c) Dissemination over the Internet of any information that contradicts the requirements of Republic of Moldova legislation or norms of international law.

(d) Publishing or transmitting any information or software that contains computer viruses or other components similar to them.

(e) Engaging in actions to send, publish, transmit, reproduce, provide, or in any way use for commercial purposes information, software, or other materials obtained in whole or in part through the Services (unless explicitly allowed by the owner of such information, software, or other content) provided there is written consent from the owner of such information regarding the limitation of the mentioned actions.

(f) Engaging in actions to send, publish, transmit, reproduce, or distribute in any way software or other materials obtained through the Services (fully or partially) that are protected by copyright or other rights, without the owner’s permission, as well as sending, publishing, transmitting, or distributing in any way any component of the provided Services or works created based on them, as the Services themselves are also subject to copyright and other rights, provided there is written consent from the owner of such rights regarding the limitation of the mentioned actions.

(g) Sending mass messages, both from AvaHost’s servers and from any other servers, via email without explicit and unambiguous consent from the recipients. Openly publishing an email address or other personal information exchange system cannot be a basis for adding the address to any mass mailing list. Including an address, obtained through various means (web forms, subscription bots, etc.), in a mailing list that is used for any kind of message distribution is only allowed if a proper confirmation procedure is in place to ensure that the address is added to the list with the owner’s consent. The subscription confirmation procedure should prevent the inclusion of an address into the list of recipients for any kind of mailing (one-time or regular) initiated by third parties (i.e., individuals who are not the owners of the respective address). The option for any subscriber to easily leave the mailing list at any time must be available without complications if the subscriber desires to do so. However, the mere presence of an option to leave the list cannot be a reason to add addresses to the list without the owners’ permission.

(j) Posting, publishing, and transmitting any information over the Internet that contradicts the current Moldavian or international law. This includes explicit reference to pornography. Due to the absence of legislatively established methods for determining whether a specific image is pornographic, AvaHost reserves the right to make such determinations. Mailing refers to both mass sending of multiple email messages to multiple recipients and multiple sending to one recipient, as well as the use of AvaHost’s identifiers (web pages, email) in similar mass mailings performed through another Provider. Messages include email messages, ICQ, and other similar personal information exchange methods.

(i) Hosting a proxy server.

(k) The functioning of website scripts disrupts the functionality of one of AvaHost’s servers.

(l) Use of the server for mining purposes.

(m) In case of non-compliance with point 2.2.6 of this Agreement.

(n) In case of non-compliance with point 2.2.8 of this Agreement.

2.3.2 AvaHost reserves the right to unilaterally terminate the contractual relationship with the Subscriber, with simultaneous sending of a written electronic message, in the event of the Subscriber’s violation of the terms of this Offer. The moment of termination of the agreement and cessation of services is considered to be the date of sending the relevant message to the Subscriber.

2.3.3 In case of increased (surplus) demands of the Subscriber for hardware and other resources provided according to the ordered service, AvaHost reserves the right to suggest the Subscriber switch to a different tariff plan. If the Subscriber refuses to switch, AvaHost

may terminate their service with a refund of the unused funds by the Subscriber.

2.3.4 To disclose (transfer) information about the Subscriber only in accordance with the terms of the Offer, Privacy Policy, and/or the legislation of Republic of Moldova.

2.3.5. Change the terms of this Offer unilaterally.

The date of the changes to this Offer coming into effect is the date of their publication on the AvaHost WWW server or in the service control panel, unless otherwise specified in the new version of the Offer.

2.3.6. To provide the court or an organization authorized for extrajudicial resolution of domain disputes with information about the domain name of the Subscriber, including confirming that the disputed domain name is registered by the Executor, providing information about the registrant (Subscriber) of the domain name, and, if necessary, providing agreements on the registration and maintenance of domain names and other related documents.

2.3.7. Not to change the registrant, registrar, and/or make any other changes related to the disputed domain name during the consideration of the complaint by an organization authorized for extrajudicial resolution of domain disputes or based on a court decision.

2.3.8. Based on a court decision or a decision from an organization authorized for extrajudicial resolution of domain disputes, to block, delete, or transfer (assign) the domain name of the Subscriber without paying the Subscriber any compensation or other payments.

2.4. The rights of the Subscriber include:

2.4.1. To demand from AvaHost the provision of services in accordance with the terms of this Offer.

2.4.1. Within 30 days from the moment of payment for hosting services, demand a refund from AvaHost in case the quality of services does not correspond to the terms of this Offer.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1 The current cost of services depends on the type, method, and timing of service provision outlined in the tariff plan available at the public link https://ava.hosting/. Subscription fees and service prices are indicated in EUR.

3.2 AvaHost reserves the right to unilaterally revise prices for services and introduce new tariff plans. AvaHost informs the Subscriber about new prices by posting a notification on the WWW server AvaHost. The effective date of the new Tariff Plan is the date of its publication on the WWW server AvaHost or the date indicated in the notification about changes to the Tariff Plan. In the event of tariff changes, payments made earlier according to the new tariffs are not recalculated.

3.3 Services are provided when there is a positive balance on the Subscriber’s personal account.

3.4 Payment for Services can be made through both cash and cashless transactions as advance payments. Payment can be made by the Subscriber at any branch of Moldavian banks. When making a payment through a bank, the Subscriber is obligated to specify the account-contract number provided for this service in the payment document. The payment amount should match the one indicated in the account-contract (offer invoice). AvaHost reserves the right not to provide services if the payment document provided by the Subscriber does not include an individual number or if the paid amount does not correspond to the amount specified in the account-contract (offer invoice), until the payment document is corrected.

3.5 The Subscriber is solely responsible for the accuracy of their payments. In case of changes to AvaHost’s banking details, the Subscriber is solely responsible for payments made using the old details until the new details are published on the WWW server AvaHost.

3.6 The payment for the Service is considered confirmed, and the Subscriber’s personal account is deemed open after receiving information from the bank about the credited funds to the account and confirmation of payment by the AvaHost payment system.

3.7 Within 30 (thirty) days from the date of overdue payment for the service, the content of the Subscriber’s account is retained for the Subscriber. After this period, the content of the Subscriber’s account may be deleted.

3.9 The Subscriber is not allowed to transfer invoices for payment of AvaHost services to third parties for payment.

3.10 The Subscriber is obliged to keep all bank receipts for payment of AvaHost services for 3 years from the date of payment.

3.11 Hosting services are provided on a prepaid basis. The minimum advance payment term for the service is 30 days.

3.12 Restoration of blocked services due to overdue payments is carried out after settling the debt for the services and making an advance payment for 30 days.

3.13 Reports of completed work, contracts, and other accounting documents under this agreement are sent electronically with an electronic digital signature through the electronic document circulation system.

4. SPECIAL CONDITIONS AND LIABILITY OF THE PARTIES

4.1. The Provider shall not be liable for any direct or indirect damages (including, but not limited to, lost profits) suffered by the Subscriber in connection with the use or non-use of the Services, loss of files, or the Subscriber’s emails.

4.2. The Provider shall not be liable for any program/database failures or errors generated by the program/database, resulting in the suspension of the Service or the incomplete provision of the Service. Upon timely notification by the Subscriber of program failures, the Provider undertakes to rectify the issues and restore the Service within the shortest technically feasible period. Timely notification is considered a report made within 30 (thirty) days from the moment of occurrence of program/database failures.

4.3. The Subscriber assumes full responsibility for the information placed on their WWW server and distributed via electronic mail.

4.4. The Subscriber is responsible for maintaining the password provided to them by the AvaHost support service. In case of theft or loss of the password, the Subscriber has the right to request the AvaHost support service to change the password through fax or email, with mandatory provision of financial information confirming payment for the Services.

4.5. AvaHost is not liable as a defendant or co-defendant if the actions of the Subscriber caused financial, moral, or physical damage to third parties.

4.6. AvaHost is not liable for the quality of the general communication channels used to access the Services provided.

4.7. During the term of the Offer and for a period of 3 (three) years from the date of its termination, the Parties undertake to restrict access by third parties, as well as employees and officials who are not involved in the performance of obligations under the Offer, and to maintain the confidentiality of information that constitutes commercial secrets and is transmitted to each other in the course of fulfilling obligations under this Offer. The information is confidential and contains commercial secrets for the Party that provided it, if it is explicitly indicated that the information is confidential.

4.8. The Subscriber grants AvaHost the right to publish their personal data in open sources for the purpose of fulfilling the terms of this Offer. The personal data of the Subscriber – a natural person is published by AvaHost only with their consent. The purposes and procedure for processing personal data are established in the Privacy Policy (https://ava.hosting/information/policy/), which is an integral part of this Offer.

5. Resource Usage Limitations

5.1. Resources that are referred to as unlimited are those resources that are marked as “unlimited” in the tariff plan description or have the mathematical symbol for infinity. For instance, the number of email accounts, the overall space occupied by email, database size, etc. This is done to alleviate concerns for users that their service will be halted upon reaching a limit. However, server resources and internet channels do have limitations. To prevent excessive resource consumption, the Provider reserves the right to limit the resources used by the Subscriber or suspend the provision of the Service, with prior notice sent to the Subscriber’s contact email.

5.2. The limit at which a Subscriber’s resources may be constrained is calculated based on the resource consumption statistics of all subscribers of the Provider’s service for a similar offering during the previous calendar month.

5.3. Subscribers who exceed the limit specified in clause 5.2 will receive a notification via their contact email about exceeding the allowable resource usage limit. If the subscriber does not reduce resource usage within 48 hours after receiving such a notification, the Provider reserves the right to suspend the provision of the Service or unilaterally terminate the Agreement.

6. Microsoft Product Usage Terms

6.1 The terms of use of Microsoft products are described in Appendix #2 of this Offer (https://ava.hosting/information/microsoft-policy/).

7. OFFER VALIDITY TERM

7.1. The public offer takes effect from the moment of payment for the Services in the manner established by this Offer and is valid until the parties fully fulfill their obligations.

7.2. For all issues that are not settled in this Offer, the Parties are guided by the current legislation of Republic of Moldova, rules, regulations of domain zones, policy and rules of out-of-court resolution of domain disputes;

7.3. The terms of this Offer apply to relations between the parties that arose before its acceptance by the Subscriber.

8. FINAL PROVISIONS

8.1. All issues that are not settled by this Offer, as well as any disputed issues under the Offer or in connection with it, are resolved in accordance with the current legislation of Republic of Moldova.

8.2. The invalidity of any of the provisions of this Offer by the court does not lead to the invalidity of its other provisions or the Offer as a whole, and therefore does not lead to its loss of legal force.

8.3. AvaHost has the right to make changes and/or additions to this Offer at any time.

The new version of the Offer is posted on the website at https://ava.hosting/information/oferta/

AvaHost recommends the Subscriber to regularly check the terms of the Offer regarding its changes and/or additions.

The Subscriber’s continuation of receiving the Services after making any changes and/or additions to the Offer indicates full acceptance and unconditional agreement with such changes and/or additions.

If the Subscriber does not wish to comply with the conditions of the amended and/or supplemented Offer, it may be terminated by him unilaterally.

9. CONTACT INFORMATION AND BANK DETAILS

AVAHOST SRL

LOCATION: BOULEVARD DECEBAL 99, MD-2038, CHISINAU, THE REPUBLIC OF MOLDOVA

TAX CODE: 1011600029226

Contact person in Republic of Moldova

IBAN: UA453220010000026000330056235

EDRPOU: 3245006072

Phone: + (373) 78-888-420

E-mail: sales@ava-host.com