1. INTRODUCTION
This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). As the user of Our Services, "You" and "Your" refer to You and any agent, servant, or other person authorized to act on Your behalf. Skynet Hosting SRL is referred to as "we," "us," and "our." For the various services provided by Skynet Hosting SRL, this Agreement details Your obligations to Us and Our obligations to You. This Agreement applies to any additional Skynet Hosting SRL services or products you purchase or otherwise gain access to through the use of your account, as well as any cancellations of those services (even if we were not informed of such authorization). The Terms of Service ("TOS") of Skynet Hosting SRL are incorporated herein by reference and govern all Services provided under this Accepted Use Policy.
2. SHARING INFORMATION
You understand and agree that Skynet Hosting SRL may share Your personal information with their partners in order to offer You with the chosen products and services as a condition of purchasing and using hosting plans. The information is divided into the following groups: (A) Data that users voluntarily and voluntarily submit through optional means. These are voluntarily provided by You in order to subscribe to Our electronic newsletter and marketing communications, and (B) Skynet Hosting SRL collects information from aggregated tracking data that is mostly generated from counting page views throughout Our sites. With the use of this data, We are able to better cater our content to user wants and give our advertising and sponsors a more accurate picture of our audience's demographics. Skynet Hosting SRL will never give out any information about a specific user to a third party. Reviewing the Privacy Policy will provide more details on the type of information provided by Skynet Hosting SRL. You understand and agree that, in accordance with the policies established by any and all such registries, Your name and rationale may be provided to certain registries, including but not limited to the RIPE, and that such information may be made available via Whois.
3. USER OBLIGATIONS
You represent and warrant to Skynet Hosting SRL that you wouldn’t use our services to store, access and distribute:
1. Material or information content that infringes copyright, trademark rights or any other intellectual property right belonging to a third party.
2. Nudity, pornography or any image or text with sexual or obscene content that does not comply with the legal conditions in force.
3. Child pornography.
4. Threats, abuse, harassment or defamatory statements.
5. Content intended to encourage xenophobia.
6. Text or material of a violent nature.
7. Defamatory, insulting, denigrating or libellous content.
8. Racial or discriminatory content.
9. Deceptive, false, misleading or fraudulent content.
10. Content that invades the privacy of a third party or violates their legal rights.
11. Vulgar, obscene, indecent or illegal content.
12. Viruses, Trojan horses or other similar programs.
13. Pirated software or software that targets software pirates or similar activities.
You agree do not do the next actions on Skynet Hosting SRL service(s):
1. Intentionally sending spam email, both outgoing and incoming.
2. Using bots, viruses, exploits or redirecting to sites containing such items.
3. Carrying out malicious actions against governmental and other organisations and executive authorities.
4. Engaging in activities that may result in IP blacklisting such as SpamHaus, StopForumSpam, SpamCop, antivirus databases and any other similar lists.
5. Organising DDoS attacks from rented servers or conducting DDoS tests and other attacks on your own server.
6. Scanning ports and vulnerabilities without permission.
7. Distributing and storing content of child pornography, incest, pornography involving animals or sites with models appearing to be under 18 years old.
8. Committing data theft (phishing) and fraud or redirecting to resources involving such activities.
9. Carding and any other related illegal activity.
10. Operating online pharmacies with illegal pharmaceutical products.
11. Creation of replica websites/shops for the sale of counterfeit products such as watches, bags, clothes, etc.
12. Using Microsoft software without a valid license.
Skynet Hosting SRL will never give out any information about a specific user to a third party. Reviewing the Privacy Policy will provide more details on the type of information provided by Skynet Hosting SRL. You understand and agree that, in accordance with the policies established by any and all such registries, Your name and rationale may be provided to certain registries, including but not limited to the RIPE, and that such information may be made available via Whois.
4. NETWORK INTERUPTIONS
For Your account, Skynet Hosting SRL will make every effort to keep a constant online presence. You agree that the network may occasionally go down for a variety of reasons, including but not limited to utility outages, equipment malfunctions, natural disasters, human error, and acts of God. In no circumstances shall Skynet Hosting SRL be responsible to You for any damages arising from or connected to Skynet Hosting SRL's failure or delay in providing Internet connection pursuant to this Agreement. In no case may Skynet Hosting SRL be liable to You for any indirect, special, or consequential damages or lost profits resulting from or connected with the performance or breach of this Agreement. The aggregate, total liability of Skynet Hosting SRL under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
5. ACCOUNTS
All accounts, subaccounts, and other account names connected to Your principal account are governed by this Agreement. You are in charge of each account's use, regardless of who is using it or under what name, and you are in charge of ensuring that everyone using the account complies fully with this Agreement. A Skynet Hosting SRL account cannot be transferred without the company's prior written consent.
6. IP ADDRESS
Skynet Hosting SRL provides you with an Internet Protocol ("IP") address as part of your utilization of Skynet Hosting SRL services. The right to use that IP address will remain with and belong only to Skynet Hosting SRL, and You will have no right to use that IP address except as allowed by Skynet Hosting SRL in its sole and absolute discretion.This agreement is not violated if IP addresses are blocked in a particular region by service providers, local governments, or government organizations.
If the ordered VPS's IP address is not accessible to you in a particular country, region, or territory, it may be because local service providers are obligated by law to prohibit access to a specific range of IP addresses. The provider cannot influence this situation: the IP address is routed and available globally on RIS/RIR servers and traffic exchange points, and therefore technically is announced to the whole world. In this situation, you will have to order a new IP address or a new VPS - and perhaps the new address will be available. Please note that if service disruptions occur due to restrictions or personal internet access issues, it falls outside our responsibility, and therefore, no service refunds can be entertained.
7. ACCEPTABLE USE POLICY FOR VPS ACCOUNTS
Disc Space Use.
Your account disc space is limited in accordance with the VPS Package. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.
Additional Services.
The initial and renewal fees for each VPS include the number of IPs in accordance with VPS Package. Additional IPs can be added to a VPS. In such a case Skynet Hosting SRL will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
Additional Limitations.
Please note that our services are configured with built-in service limitations designed to prevent invasive activities, including but not limited to denial of service attacks and port scans. If triggered, these limitations may result in an enforced service interruption. In no event shall Skynet Hosting SRL be liable to You for any damages resulting from or related to such interruption.
8. STORAGE AND SECURITY
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. The confidentiality of Your password and account information is solely your responsibility. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (I) prevent any loss or damage to Your server content; (II) maintain independent archival and backup copies of Your server content; (III) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Skynet Hosting SRL servers; and (IV) ensure the confidentiality of Your password. Skynet Hosting SRL services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Skynet Hosting SRL shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Skynet Hosting SRL are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Skynet Hosting SRL shall have no liability to You or any other person for Your use of Skynet Hosting SRL products and/or services in violation of these terms.
9. TRANSFER OF CONTENT
You are responsible for removing your server content from the Skynet Hosting SRL servers if you decide to terminate this Agreement or your use of its products and/or services. Skynet Hosting SRL won't FTP or transfer the content from your server to another service. Skynet Hosting SRL will not transfer or manage Your services or your content if your use of its goods and/or services is discontinued.
10. THIRD-PARTY SOFTWARE
For simpler account management, Skynet Hosting SRL offers You some third-party software, such as cPanel, ISPmanager, Plesk, etc. Such software is made available "as is" and "as available." We do not promise that using such software will result in any particular results. Skynet Hosting SRL disclaims liability for any issues with the functionality of such software.
Only third-party software that has been approved by Skynet Hosting SRL and is compatible with Our servers may be added to and used on Your account. You use any software from a third party at your own risk. There are no warranties offered by Skynet Hosting SRL that the use of any third-party software will lead to a specific result or outcome. When you use third-party software or goods, Skynet Hosting SRL is not liable or responsible for any harm, loss of data, interruption of service, or other loss that results from that use.
In addition to the initial setup of your account, you are solely responsible for paying any license and other fees imposed by the software providers for the use of any third-party software installed on your account.
11. SKYNET HOSTING SRL RESERVATION OF RIGHTS
In particular, Skynet Hosting SRL reserves the right and sole discretion to: (I) change its pricing as it sees fit; (II) set restrictions and guidelines for the use of its services and/or products; (III) discontinue Your use of Skynet Hosting SRL services and/or products if You use them to unnecessarily or unlawfully harass Skynet Hosting SRL or third parties, if You fail to pay the fees for Skynet Hosting SRL services and/or products, if You engage in activities that are intended to humiliate, abuse, threaten, slander, or harass third parties, or if You do anything else that is against the law in the Republic of Moldova or in other countries in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Skynet Hosting SRL, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Skynet Hosting SRL determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (IV) terminate Your use of Skynet Hosting SRL services and/or products if your use of these services and/or products may result in legal action being taken, threatened, or proposed against Skynet Hosting SRL or any of its affiliates or partners, regardless of whether such action is ultimately found to be meritless; and (V) terminate your use of Skynet Hosting SRL services and/or products. Skynet Hosting SRL has no obligation to monitor Your use of Skynet Hosting SRL services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. Skynet Hosting SRL has the right to refuse services to anyone at Our discretion.
12. LIMITATION OF LIABILITY; WAIVER AND RELEASE
Skynet Hosting SRL provides its services on an "AS IS" basis and explicitly disclaims all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Skynet Hosting SRL expressly does not warrant that Skynet Hosting SRL services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Skynet Hosting SRL shall create any warranty not expressly made herein. You agree that Skynet Hosting SRL will not be liable for any (I) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (II) interruption of business; (III) access delays or access interruptions to the website(s) provided through or by the Services; (IV) loss or liability resulting from acts of god; (V) data non-delivery, mis-delivery, corruption, destruction or other modification; (VI) events beyond the control of Skynet Hosting SRL; (VII) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained from the internet may be inaccurate, offensive, or, in some cases, illegal. Skynet Hosting SRL has no control over internet content and assumes no responsibility for any information you receive or transmit via the Internet. You are fully responsible for verifying the truth, accuracy, legality, and ownership of the information you distribute or display in connection with your use of the services or obtain from the Internet. You agree that Skynet Hosting SRL has no obligation to back-up any data related to your website unless Skynet Hosting SRL expressly agrees otherwise in writing or has expressly stated so on the website.
13. ADDITIONAL RESERVATION OF RIGHTS
Skynet Hosting SRL explicitly retains the authority to refuse, cancel, terminate, suspend, restrict, or modify access to any account or Services (including the capability to cancel or transfer any domain name registration) for various reasons (as determined solely and absolutely by Skynet Hosting SRL). These reasons include but are not limited to the following: (I) Rectifying any errors made by Skynet Hosting SRL in providing or delivering Services, including domain name registrations; (II) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (III) to assist with our fraud and abuse detection and prevention efforts; (IV) to comply with applicable local laws, rules and regulations; (V) to comply with requests of local law enforcement, including subpoena requests; (VI) to comply with any dispute resolution process; (VII) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (VIII) to avoid any civil or criminal liability on the part of Skynet Hosting SRL, its officers, directors, employees and agents, as well as Skynet’s Hosting SRL affiliates.
In the event that Skynet Hosting SRL must exercise its rights as outlined here to investigate potential breaches or violations of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts. You will remain responsible for the payment of any service fees that accrue during the relevant period.
14. NOTICES
You acknowledge and accept that Skynet Hosting SRL has the authority to make changes to this AUP at its discretion, with or without prior notice. While Skynet Hosting SRL may opt to send email notifications regarding legal modifications, it retains the right to abstain from doing so. It is your responsibility to periodically review this Agreement for any updates. Furthermore, you understand that it is incumbent upon you to ensure that your contact information, both in your account and domain name WHOIS details, remains up to date.
15. LEGAL AGE
You attest that you are of legal age (18 or over) to enter into this Agreement.
16. FINAL AGREEMENT
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Skynet’s Hosting SRL services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
17. ENFORCEABILITY
If any part of this Agreement is deemed unenforceable or invalid under applicable law or by a court decision, it will not render the entire Agreement unenforceable or invalid. In such a case, we will make necessary amendments or substitutions to that particular provision to make it valid and enforceable while still aligning with our original intentions and objectives as expressed in the original provision, to the extent possible.
18. ASSIGNMENT AND RESALE
With the exception of what is stated here, your rights according to this Agreement cannot be assigned or transferred. If your creditors attempt to gain an interest in your rights under this Agreement, whether through attachment, levy, garnishment, or any other means, we have the discretion to void this Agreement. You also agree not to replicate, duplicate, copy, sell, resell, or engage in any commercial exploitation of the Services (or any part of them) without obtaining prior express written consent from Skynet's Hosting SRL.
19. FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government or any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (I) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (II) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Skynet Hosting SRL may immediately terminate this Agreement.
