Legal - Terms of Service
Terms of Service (ToS)
Last modified: April 15, 2022
These Terms of Service (“Agreement”) are a legal and binding Agreement between MangoHost (hereinafter referred to as “MangoHost”, “us”, “we”, “our”) and you (hereinafter referred to as “you”, “your”, “user”, “user”, “visitor”) that govern your use of the Services provided by MangoHost through the Website located at www.mangohost.net (“Website”).
This Agreement sets out the terms and conditions under which you can visit and use our Website, including Services offered and provided via the Website. By accessing and using the Website and/or Services (collectively, “Services”), you agree to be bound by the terms and conditions of this Agreement. We encourage you to thoroughly read this Agreement, as the same may be updated from time to time, before accessing or attempting to use the Services and during use of the Services. You must not access and use the Services if you don't agree with all of the terms and provisions of this Agreement.
This Agreement is concluded in accordance with the provisions of the Law of the Republic of Moldova no.284 of 22.07.2004 on electronic commerce and comes into force at the moment of the acceptance of this Agreement in accordance with its provisions.
Server — a software component of a computing system that performs service functions at the request of the user, providing him with access to certain resources.
Hosting — a service for providing computing power for the physical placement of information on a Server permanently located on the Internet.
VPS — a service within which the user is provided with the so-called Virtual Private Server, which is a copy of the guest operating system (hereinafter referred to as the OS), isolated at the kernel level of the main OS. One physical Server can run many virtual servers. In addition to some obvious limitations, each virtual Server provides full and independent control and management of the guest operating system and utility services similar to a regular Server and is used primarily to host resource-intensive sites, services that need to fine-tune the operating system, mail services, etc.
Dedicated Server — a service providing a separate physical machine to the user.
Colocation Service — a service that consists in placing the user’s equipment at the Mango Data Center and providing a connection for the proper functioning of the relevant equipment of the user.
Administration — a set of technical system maintenance operations that are performed to maintain the system in working Order.
Web System is an electronic resource placed by the user on the disk space of the MangoHost's equipment on the basis of this Agreement.
Traffic — the total amount of data (files, mail, etc.) that passes through the Server during a certain time.
CPU (processor) — processor power, which is guaranteed by the MangoHost when providing hosting Services to the user, according to the selected Tariff Plan.
Tariff Plan - a set of price offers of the MangoHost, which provides for the possibility of ordering the MangoHost's Services and is available for review to any user. MangoHost's Website always contains the latest version of the entire list of MangoHost's Tariff Plans.
RAM — Server RAM, provided in the amount according to the Tariff Plan chosen by the user.
Proxy Server — a Server and/or software that acts as an intermediary between user’s computers and/or servers.
Full Administration — provision of technical support on an ongoing basis which includes:
- software update (hereinafter referred to as software) once a week;
- urgent update of software and system kernel when a critical vulnerability is found; installation of additional software on demand;
- help in setting up system services;
- 24/7 monitoring of the virtual Server and its services.
SolusVM Control Panel — a virtual Server control panel that allows you to reboot the VPS using a web interface, change the Password and hostname of the VPS, reinstall the OS, monitor the use of disk space, memory and Traffic, use emergency console.
WHOIS — a service that allows you to get information about the owner of a domain name, its administrator, registration period, its DNS servers, etc.
DNS Server — a set of domain name services that contain the configuration files of a registered domain.
SSL Certificate — an individual digital signature of a domain name.
SSL Certificate Registration — digital signing of a certificate by a trusted Certification Authority and entering certificate information into registration databases.
Certificate Authority — an organization or subdivision of an organization that issues individual digital signatures for a domain name.
Login — a unique set of letters and numbers for the MangoHost's Server, which, in combination with the Password, serves as the user's identifier on the MangoHost's Server.
Password — a set of letters and numbers, which, together with the Login, allows the user tolog in to the MangoHost.
Order — an email sent by the user to the MangoHost from the MangoHost's Website, containing the Order number and the list of Services that the user wants to receive.
Pro Forma Invoice — a document sent to a potential user in advance, which does not provide for any payment obligations and is not an accounting document.
An invoice is sent to convey information about the Services, the price and the details necessary to pay their cost. It contains the same elements as the tax invoice: name, seller and buyer details, date, name of provided Services, term, quantity, cost.
Order Management System — a section of the MangoHost's Website, the Login and Password for which is provided to the user after placing an Order or registering. The Order Management System stores the data of the user, the list of invoices paid by the user, active Services. The user is solely responsible for keeping the Login and Password to the Order Management System confidential. Any actions in the Order Management System carried out using the Login and Password of the user, of course, are recognized by the Parties as those that were performed personally by the user.
Ticket System — a section of the MangoHost's Website, the Login and Password for which is provided to the user after filling in the registration data. The Ticket System stores the list, date and content of electronic messages sent to the user by the MangoHost. The user is solely responsible for keeping the Login and Password to the Ticket System secret. Any actions in the Ticket System carried out using the Login and Password of the user, of course, are recognized by the Parties as those that were performed personally by the user.
Correct Data — reliable and verifiable information necessary to identify the user and provided by the user during registration on the MangoHost's Website, as well as provided when ordering the corresponding Services.
DoS/DDoS-attacks — blocking the operation of Services within the framework of the VPS, shared hosting, Dedicated Server, access to them provided by the MangoHost from the Internet by sending a large number of TCP and/or UDP packets to the IP address of VPS, shared hosting, Dedicated Server, or by sending a large number of requests to Services and Services of VPS, shared hosting, Dedicated Server.
Website — a Website located on the Internet at https://mangohost.net/. Access to such a Website is available to worldwide users through the Internet 24/7, but at different levels of access depending on registration on the Website.
Spam — any of the following:
- organized mass mailing of information of an advertising, commercial or campaign nature to other users of the Network without their consent; mailing letters that contain rude and offensive statements and suggestions; placement in any conference or forum of messages of an advertising, commercial or campaign nature, except when such messages are allowed by the rules of such a conference or forum or their placement was previously agreed with the owners or administrators of such a conference or forum;
- sending information to recipients who have already expressed their unwillingness receive such information.
Services — including, but not limited to any of the following:
- providing the user with a unique name (Login), which allows him to place data on the MangoHost's Server;
- providing the user with a Login and Password to enter the Order Management System;
- providing the user with disk space and other technical resources on the MangoHost's Server;
- providing the user with consultations necessary for using the Services.
Scheduled Technical Work — a set of technical operations performed by the MangoHost in a specified period of time and necessary to maintain the functioning of the Services.
Emergency Technical Work — a set of technical operations performed by the MangoHost on the MangoHost's equipment outside the scope of the planned technical work to eliminate the reasons for the unavailability of the Services provided to the user. These works may be caused by the need to install critical updates, patches, replace failed equipment, etc., or carry out other urgent work necessary to maintain the functionality of the Services. In the event of Emergency Technical Work, the MangoHost undertakes to take all possible measures and notify the user of such work as early as possible.
1. Subject and Acceptance of the Agreement
1.1. MangoHost undertakes to provide the user with hosting Services, provide access to the system for generating requests for Services for registration and support of domain names, registration of SSL certificates, provision of space on the MangoHost's storage for organizing backups. The list of Services provided to the user under this Agreement is specified in the Order. List, description and cost of Services published on the MangoHost's official Website https://mangohost.net/.
1.2. The user undertakes to pay for the Services chosen by him in accordance with the rates indicated on the MangoHost's Website within the framework of the Tariff Plan chosen by the user and in the manner specified by this Agreement.
1.3. By deciding to access and use the Services, you confirm that:
- you are at least 18 (eighteen) years old, or of the legal age of majority in the jurisdiction in which you reside;
- you have legal capacity to enter into this Agreement;
- you acknowledge and confirm that you have carefully read this Agreement; and
2. General Terms
2.1. Having chosen the type of service, the user sends an application for receiving Services to the MangoHost's address using the appropriate forms and means on the MangoHost's official Website. On the basis of the received application, the MangoHost issues an electronic invoice to the user for payment for the selected service.
2.2. Services are provided to the user subject to prepayment for one or more billing periods based on the invoice.
2.3. MangoHost keeps records of Services and payments of the user. Settlements under the Agreement are made in national currency (MDL). For informational purposes, the user is provided with information about prices in US dollars (USD). MangoHost provides the user with access to information about all completed orders and payments through the Order Management System.
2.4. If the user has claims against the MangoHost for the Services provided, he shall send claims to the MangoHost's mailbox or to the MangoHost's e-mail address no later than 30 (thirty) calendar days from the date of payment for the Services. If within 30 days after the provision of Services the user does not submit a claim to the quality of the Services provided, it is considered that the Services provided or the work performed are in accordance with the Agreement and are accepted by the user as a whole.
2.5. When placing an Order, as well as while using the service, the user undertakes to provide Correct Data, including a valid (not temporary) email address. If it is necessary to verify the identity of the user, the user undertakes to provide all the data (documents) necessary for the MangoHost to carry it out.
2.6. A request to the technical department can be sent through the Ticket system located in the user panel, as well as by e-mail email@example.com.
2.7. When the user contacts the MangoHost for technical support, the MangoHost undertakes to carry out the operations requested by the user only if the user provided his e-mail, as well as his personal information (last name, first name), while the MangoHost has the right to reject the request for execution requested operations in the following cases:
- in case of reporting incomplete or inaccurate information specified in this paragraph;
- if it is impossible to make the requested changes due to the technical features of the provision of Services;
- if the request concerns issues of quality, correctness and error-free operation of software developed by third parties and not MangoHost.
MangoHost offers the user the opportunity to contact the support service. For commercial matters, the user may:
- send an email to firstname.lastname@example.org;
- write a ticket to the system;
- call: +373 78 232 141 (from 8:30 to 17:00 on weekdays).
Upon receipt of the request, the MangoHost will perform the necessary operations to process the requests only after the user provides the information necessary to identify it.
2.8. The technical support service does not provide advice on programming, web design, script and program settings, as well as on other similar issues, unless MangoHost decides otherwise in any particular case.
2.9. MangoHost reserves the right, at its sole discretion, to ask the user to provide a photo or scanned copy of an identity card (passport / international passport / driving license / other document confirming the identity of the user), as well as to refuse to provide Services without explanation, including but not limited to cases if the aforementioned information is not provided. This provision applies to orders for Services with a test period, as well as paid orders in cases where a preliminary check of the Order showed the need to request documents confirming the identity of the user.
2.10. Prior to granting full access to the account, the user is obliged to go through the full verification of contact information. Any actions related to the service (temporary blocking, deletion, etc.), its management and refund can be performed by the MangoHost only after the user confirms the ownership of the account successfully.
2.11. MangoHost sends notifications regarding the Services provided to the user to the user's e-mail specified in the user Panel.
2.12. MangoHost has the right to completely or partially suspend the provision of Services (at the MangoHost's discretion) without prior additional notice in the following cases:
- in case of non-compliance by the user with the terms of the Agreement;
- in case of repeated non-compliance by the user with the instructions of the MangoHost's specialists on the use of Services;
- if the MangoHost has reasonable grounds to believe that any actions taken by the user using the Services provided to the user under this Agreement cause or may cause damage to the MangoHost, other Beneficiaries or the normal functioning of the MangoHost's system;
- if the user carried out unauthorized distribution of information (Spam) in any form;
- in the event of a DoS/DDoS attack on the IP address of the VPS Server or Dedicated Server of the user, which affects the performance of the MangoHost's technical equipment, as well as network equipment. The resumption of Services is possible only at the discretion of the MangoHost. Refunds in case of termination of the Services as a result of a DoS / DDoS attack are not carried out;
- in the case when the provision of Services to the user damages the business reputation of the MangoHost;
- upon receipt of a request from authorized state bodies in case of violation of the norms of the legislation of the Republic of Moldova or international legislation;
- in case of any violation of the Terms of Service for the use of Services.
There is no refund in case of suspension or termination of the Services as a result of a violation of this Agreement.
2.13. MangoHost's technical support service is not obliged to provide advice on general software, information about which can be obtained from the relevant user manuals for this software, and is not responsible for the unprofessional or unskilled actions of the user or his representatives.
2.14. If the user's requirements for the hardware or other resources of the MangoHost are too high compared to the Tariff Plan chosen by the user, the user will be offered to switch to another Tariff Plan. In case of refusal of the user to change the Tariff Plan, the requirements of the user are considered to be duly fulfilled.
2.15. When using email Services, the user undertakes to comply with the following conditions:
- send no more than 1000 emails from 1 VPS or 1 Dedicated Server within 1 hour;
- each letter sent by the user must have no more than 20 recipients.
2.15.1. If there is a vulnerability in the operation of the VPS, the MangoHost has the right to restart the user's VPS no more than 2 (two) times in 1 (one) month, without notifying him, to install updates, as well as to eliminate vulnerabilities that may be critical. This item applies only to those VPS for which the "Administration" service has been paid for and activated. In this case, the user shall provide their credentials and access to the Services so that MangoHost engineers could access the Services used by the user and provide necessary support. If the user fails or refuses to provide such credentials and access, MangoHost will not provide any required support in respect to the identified vulnerabilities.
2.15.2. Traffic is limited according to the Tariff Plan. Having exhausted the Traffic limit set by the Tariff Plan, the user has the opportunity to purchase additional Traffic or switch to a higher Tariff Plan. Funds paid for additional Traffic are non-refundable. In the event that the VPS runs out of the monthly Traffic limit, the service may be blocked until the beginning of the next monthly period.
2.15.3. Disk space is allocated according to the Tariff Plan. Disk space up to 30 GB may be occupied by the system and not available for downloading content. The user has the option to Order additional disk space or upgrade to a higher plan. Payments for additional disk space are non-refundable.
3. Provision of VPS
3.1. MangoHost provides the user with access to information about the use of the resources of the ordered VPS Server, as well as to the event log and statistics through the SolusVM control panel, the Login details of which the user receives simultaneously with the details of access to the VPS or through the user panel on the MangoHost's Website.
3.2. In the case of providing the user with the "Administration" service for the VPS Server, access to the SolusVM control panel and root access to the Server is not provided.
3.3. MangoHost undertakes to notify the user of planned technical work on the MangoHost's equipment, in the user's panel and in the SolusVM control panel at least 6 hours before such work is carried out. If it is necessary to carry out Emergency Technical Work on the MangoHost's equipment, in the Virtuozzo Automator control panel or in the user's panel, the MangoHost undertakes to take all possible measures to carry out such work as soon as possible and notify the user of such work as soon as possible.
4. Provision of Dedicated Servers
4.1. The price for a Dedicated Server includes installation and reinstallation of the operating system. Any technical assistance related to updating or configuring the software installed by the user / at the request of the user is provided for free.
4.2. The user acknowledges that MangoHost may refuse to administer or provide setup advice or services for complex configurations, unless agreed otherwise in any particular case.
4.3. The minimum duration of the contract service for a Dedicated Server is 1 month. In the event of a request for early termination of the contract, the amount paid is non-refundable.
4.4. The user is solely responsible for setting up and configuring the hardware, licensing, use and management of the installed operating system and software.
4.5. In case of non-payment for the service before the expiration of the current service, the allocated resource will be disabled and after 7 calendar days will be permanently deleted, including all existing data, with automatic termination of the Agreement unilaterally by the MangoHost.
5.1. MangoHost has the right to unilaterally change the prices for the Services provided.
5.2. Every price change will be reflected on the Website within 10 (ten) business days from the date of its change. However, MangoHost guarantees that the amount paid for the provision of the current Services will remain the same for the whole duration of the Services that the user paid for prior to change in price.
5.3. In the event that the user has unpaid invoices at the time of price changes, these invoices are also amended in accordance with these changes.
5.4. Payment for Services is made by the user in the form of prepayment to the MangoHost, according to the invoice.
5.5. The payment is a fixed payment and is paid by the user regardless of the fact of using the Services.
5.6. The user pays the invoice received online by transferring funds to the MangoHost's current account or in cash at the MangoHost's office. In case of full or partial non-payment of the invoice within the period specified in the invoice, the MangoHost has the right to suspend the provision of Services until full payment for the Services is received.
5.7. The user is solely responsible for the correct on-time payments made by him.
5.8. MangoHost provides the user with an invoice by e-mail for the extension of the term for the provision of Services at least 3 (three) calendar days before the end of the current billing period paid by the user.
5.9. Payment is made for the period chosen by the user when completing the Order procedure on the MangoHost's Website. The service can be paid for a period not less than the minimum possible for the provision of this particular service. The maximum period for the provision of the service cannot contradict the terms specified in this Agreement.
5.10. When the user draws up payment documents in the section "Purpose of payment", a reference to the invoice number is required. In the absence of a reference to the invoice, the MangoHost does not guarantee that the amounts received will be credited as payment for the Services of the user.
5.11. When changing the MangoHost's bank details from the moment the new details are communicated by e-mail and published on the MangoHost's Website, the user is solely responsible for further payments made using the old details.
5.12. The invoice is considered to be paid from the moment of receipt of funds to the bank account of the MangoHost. MangoHost does not automatically renew the Services at the end of the period that the user paid for. The user is solely liable for renewing the Services from its user account on the Website. Upon renewal, MangoHost will send an invoice for the selected period of renewal of Services. If there are not enough funds to fully pay the invoice, the MangoHost may suspend or terminate the Services within 5 (five) business days.
5.13. Refunds for the use of VPS and Dedicated Server cannot be made after the first 30 days from the date of provision of the Services. The exception is the cases specified in section 7 of this Agreement.
5.14. Refunds for the use of additional Services are unacceptable. Additional Services are: additional IP addresses, additional Traffic, technical support, Spam filters, DoS/DDoS Protection, SSL certificates, FTP backup, server administration fees, license cost of software associated with the Services, additional power supply, remote assistance, connection priority, additional network port and other additional Services.
5.15. In case of restoring the information of the user from a technical backup, the amount of the paid Services is not refundable.
5.16. Service renewal fees are non-refundable. In the case of using Services with a trial period, all subsequent payments are considered to be a renewal of Services.
5.17. In the event of upgrading the Services, when upgrading to a higher package before the expiration of the paid Services, the amount for unused months will be recalculated and placed on the user's account as an advance payment for the new Services.
6. Rights and Obligations of the Parties
6.1. MangoHost undertakes to:
6.1.1. Provide basic and additional Services in accordance with the terms of the Tariff Plan chosen by the user.
6.1.2. At the request of the user, provide technical advice to the extent necessary for the correct interaction of the Parties in the implementation of the Terms of Service for the use of Services offered by MangoHost.
6.1.3. In case of failure to perform or unsatisfactory provision of Services in accordance with this Agreement upon receipt of a written request from the user for early termination of the Agreement, but no later than 30 (thirty) days from the date of payment for Services under this Agreement, refund the user the full cost of the amount paid for Services, with the exception of payment for additional Services , as well as domain names, SSL certificates, third party Services or licenses. The cost of the paid Services is refunded within 10 business days from the date of receipt of a written request. If a written request for early termination of the Agreement is received after 30 (thirty) calendar days from the date of payment for Services under this Agreement, the MangoHost is released from the obligation to refund the full or partial amount paid for the Services by the user.
6.1.4. In case of violation of the terms of this Agreement, notify the user via e-mail about the discovery of a violation.
6.1.5. Notify the user of the suspension of the provision of Services.
6.1.6. Do not disclose or use information regarding the activities of the user, which became known to the MangoHost during the period of execution of these Terms of Service, for any purpose other than the fulfillment of the terms of these Terms of Service, except as otherwise provided by law.
6.2. The user undertakes to:
6.2.1. Provide complete and correct information. MangoHost is not responsible for the consequences that have arisen due to the inaccuracy of the entered data. If it is necessary to verify the identity of the user, the user undertakes to provide all the data (documents) necessary for the MangoHost to carry out such verification as required by MangoHost.
6.2.2. Comply with the terms and conditions set forth in this Agreement and other documents governing separate aspects of using the Services as provided therein.
6.2.3. Timely pay for Services in accordance with the Agreement.
6.2.4. Submit an application to terminate the Services before invoicing for the next billing period in Order to avoid automatic withdrawal of funds by subscription in payment systems.
6.2.5. Comply with the Acceptable Use Policy at all times when using the Services. The user acknowledges that MangoHost does not endorse, nor encourages or promotes any particular activity or use of the Services by the user, and that the user must use the Services at their own discretion.
6.2.6. The user expressly acknowledges and undertakes that they will not use the Services for:
- advertising of services, goods, other materials, the distribution of which is limited or prohibited by applicable law;
- using non-existent refund email addresses when sending emails and other communications;
- taking actions or mediating actions aimed at disrupting the normal functioning of Internet elements (computers, other equipment or software) that do not belong to the user, including performing DoS / DDoS attacks, using Botnet, public DNS resolvers with allowed recursion;
- publication and / or dissemination of any information that is contrary to the current Moldovan or international legislation;
- use of objects of intellectual property without the consent of the copyright holder, except for cases in which the law allows such use without the consent of the copyright holder;
- publication and / or distribution of any information or software that contains computer viruses or is capable of harming other Internet users;
- reproduce or distribute copyrighted or otherwise protected software without the permission of the owner or rightful owner of the software;
- sending or forwarding "chain" messages of any type;
- sending Spam, namely, electronic messages delivered to Internet users without their prior consent and / or not allowing to determine the sender of these messages, including when they indicate a non-existent or falsified sender's address;
- attempts to gain unauthorized access to the MangoHost's resources and other systems accessible via the Internet;
- publication or implementation of fraud schemes, information on software hacking, or any other similar actions;
- placement of any programs, the purpose of which is to hide the real IP address of the user and which may be aimed at committing illegal actions. Namely: open (open) and private / private proxy programs (3proxy, TOR in any mode of operation and others), as well as any equated to them, including any equated to proxying, iptables settings (port forwarding);
- hosting anonymous online conferences, including IRC servers;
- placement of sites offering or advertising the sale of chemicals that belong to the group of narcotic, psychotropic drugs or precursors;
- launching public bit-torrent and any P2P applications;
- illegal/unauthorized access to computer systems and networks, both of the MangoHost and third parties' computer systems and networks accessible via the Internet;
- use of the service as a transit proxy from the MD-IX environment to the global world environment or vice versa;
- use of the service with obviously non-optimal system settings that adversely affect the performance of the MangoHost's equipment and make it difficult to provide the service to other users. This provision applies to VPS with Virtuozzo virtualization;
- using anonymizers.
6.3. The Parties undertake to:
6.3.1. Without mutual consent, do not transfer to third parties organizational, technological and commercial information that constitutes a trade secret for any of the Parties (hereinafter referred to as "confidential information"), provided that:
- such information has actual or potential commercial value due to its unknown to third parties;
- there is no free access to such information within the legislative framework;
- the owner of such information takes appropriate measures to ensure its confidentiality;
- confidential information is subject to protection during the entire term of the Agreement, as well as until the expiration of 5 (five) years from the date of its termination.
6.4. The user has the right to:
6.4.1. Use the purchased Services at their own discretion within the framework determined by law, this Agreement and other special documents governing separate aspects of using the Service.
6.4.2. Receive technical advice to the extent necessary for the correct interaction of the Parties under the terms and conditions of this Agreement, including but not limited to use of any part of the Services or execution of any part of this Agreement.
6.4.3. Contact the MangoHost's representative with suggestions on improving the quality of Services provided and optimizing the process of their use by the user.
7. Changes and Termination
7.1. MangoHost has the right to change the terms and conditions laid down in this Agreement posted on the Website unilaterally. The user is obliged to independently check the relevance of the current agreement at least once a month, to familiarize himself with it on the Website. MangoHost provides for advance warning of the user about the changes made in any way acceptable to the Parties.
7.2. If the user does not agree with the changes in the Terms of Service, he has the right to terminate the Agreement unilaterally within 30 calendar days from the date of their entry into force. To terminate the Agreement, the user must send an application from the email address specified in the agreement to the MangoHost's email address. In the application, the user must indicate the changes in the Agreement with which he does not agree. The Agreement is considered terminated after 5 business days after receiving the application from the user, if during this period the user has not notified the MangoHost that the Agreement will not be terminated.
7.3. If the user terminates the Agreement due to changes with which he does not agree, the MangoHost is obliged to refund the cost of the Services paid by the user for the use of VPS, Dedicated Server, colocation and backup service. Returns and refunds are made for paid and unused months. When calculating the amount of reimbursement, the first month is considered to be the month following the receipt of the notice of refusal of Services. The total amount of the refund will be equal to the total amount paid by the user, from which the domain name registration, licenses, free Services and the amount for each month during which the MangoHost has provided Services to the user will be deducted, without applying prepayment discounts. Bank charges and transfer processing fees are deducted from the amount (if applicable). The refund is carried out within 10 business days from the moment when the Agreement is considered terminated.
7.4. The Parties to the agreement have the right to unilaterally terminate it. To do this, the Party initiating the termination shall send a written request (including by e-mail to the address specified during the registration of the user in the accounting system on the MangoHost's web Server) to the other Party at least 30 days before the date of its termination.
7.5. If the MangoHost unilaterally terminates the contract, it is obliged to refund the cost of the Services paid by the user for the use of VPS, Dedicated Server, backup service. Refunds are made in accordance with clause 9.3. The refund is carried out within 10 business days from the moment when the contract is considered terminated. MangoHost does not refund the cost of Services in the cases provided for in clause 2.12. of this Agreement.
7.6. If the user unilaterally terminates the Agreement, the cost of the Services paid by him shall not be refunded, except as provided in clause 7.2. in such a case, the procedure for refusal and refund is governed by the provisions of these paragraphs.
8. Third Party Software and Services
8.1. MangoHost provides the user with the opportunity to use software and services owned by third parties. MangoHost does not warrant any particular results that may be obtained from the use of such software. MangoHost is not responsible for any malfunction of such software.
8.2. The user has the right to add and use third-party software and services when using the MangoHost's Services only in cases where it is compatible with the Services provided and approved by the MangoHost. The user uses third party software and services at his own risk.
8.3. MangoHost shall not be liable for the information and content contained in any third-party software and services or for user's use of or incapacity to use such third-party software and services, and MangoHost expressly disclaims any liability for them. Access to any third-party software and services is at user's own risk, and user must be aware of the fact that third-party software and services are governed by terms of service and privacy policies different from those of MangoHost. User acknowledges and agrees that the third party, and not MangoHost, is entirely liable for the delivery and performance of the respective third-party software and services.
8.4. The user is solely responsible for lawful use of third-party software and services, including but not limited to lawful use of all right, title and interest in and to the third-party software and services, including all intellectual property rights therein. The user is solely responsible for lawful use of registered and unregistered trademarks, service marks, graphics and logos used during his use of the Services. The user must not use any third-party software or services that the user has no right, permission or license to use, granted in respect of using such third-party software and services.
9. Personal Information
9.1. If the user is an individual, he gives the MangoHost permission to process his personal information in Order to be able to fulfill the terms and conditions of this Agreement, to make mutual settlements, as well as to receive invoices, acts and other documents. The permission to process personal information is valid for the entire duration of the Agreement, as well as for the next three years after its expiration, in archival form, in accordance with applicable law.
9.2. Rejection of the agreement on the provision of personal information determines the impossibility of providing the service or registering the ordered domain names.
9.3. The user has the right to request in writing the MangoHost to correct, update or delete personal information, the processing of which is contrary to the Law of the Republic of Moldova no. 133 of July 08, 2011 on the protection of personal information, in particular due to incomplete or inaccurate data.
9.4. The user also agrees that the MangoHost has the right to provide access and transfer his personal information to third parties without any additional notice to the user, without changing the purpose of processing personal information (for example, when registering a domain name). The scope of the rights of the user as a subject of personal information in accordance with the Law of the Republic of Moldova no. 133 of July 08, 2011 on the protection of personal information he knows and understands.
9.5. Cookies are used on our site solely to improve user service and do not collect personal information. Cookies are text files stored by the site on the user's disk storage or non-volatile memory.
10. Liability of the Parties
10.1. MangoHost is liable for interruptions in the provision of Services under the Order, except in cases where the interruptions were caused by the actions of the user or the actions of third parties.
10.2. The maximum amount of the MangoHost's liability for actual damage is limited to a sum of money equal to the cost of the MangoHost's Services to be rendered to the user in the month in which the actual damage occurred. MangoHost is not liable to the user for indirect losses (loss of profit).
10.3. Where applicable, the user can be entitled to receive additional compensation in form of a non-monetary value according to our Service Level Agreement.
10.4. Any information or data contained in or made available through the Services is provided for informational purposes only and can't substitute for the services of trained professionals. We do not give professional advice and are not in the business of providing legal, financial, accounting, taxation or other professional services or advice in respect to your user of the Services. You should independently verify and research, or take independent financial, legal or otherwise needed advice from a trusted and competent professional in connection with, any information or data contained in or made available through the Services for the purpose of making any financial, legal or other significant decisions or otherwise.
10.5. You expressly understand and agree that the we shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Agreement or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
10.6. MangoHost declines any responsibility:
10.6.1. For interruptions in the provision of Services, if they were caused by the actions of the user and / or a third party.
10.6.2. For any loss caused to the user as a result of the use of the Services provided by the MangoHost, in cases where the user was informed of the possibility of such losses, or such losses are the result of the actions of the user.
10.6.3. For the content and accuracy of any information that is transmitted or received through the provision of Services.
10.6.4. For the serviceability of the equipment and software belonging to the user, which are used by the user.
10.6.5. For loss of profit and / or income, as well as for indirect losses of the user during the period of use or non-use (full or partial) of the MangoHost's Services.
10.6.6. For the technical condition of the network to which the user is connected.
10.6.7. For the content of the information posted on the user's Website.
10.6.8. For the integrity, reliability and presence of the user's websites and data on the MangoHost's Server.
10.6.9. For problems related to the use of unlicensed software and hardware by the user.
10.6.10. For unqualified actions of the user or his representatives who relate to the use of the service.
10.6.11. For the operability of software tools provided to the user in cases where the user, intentionally or unintentionally, violated their performance, deleted or made changes to system or work files.
10.6.12. For the operability and suitability for use of software and hardware developed by a third party.
10.6.13. For the conformity of the results of the Services provided with the expectations of the user.
10.6.14. For the safety of data located on the VPS Server, Dedicated Server and their backup. MangoHost stores in its Data Center in the Republic of Moldova weekly data backup copies of the VPS Services, Dedicated Server, solely for technical purposes and can provide a backup copy of the data to the user upon request, if available. Any hosting account using more than 10 GB of disk space will be removed from the list of weekly backups. At the same time, the MangoHost is not responsible for the integrity and relevance of the backup copy of the data. The user undertakes to keep a backup copy of the data he needs.
10.6.15. Upon termination (suspension) of the provision of Services under this Agreement, the storage period for the user's Server data is 10 (ten) calendar days from the date of termination (suspension) of the provision of Services. After the specified retention period, the backups are deleted.
10.6.16. For damages of any kind incurred by the user due to the loss and / or disclosure of their Login and Password.
10.7. The user acknowledges and agrees that MangoHost is not liable for any damages resulting from the suspension or termination of the Agreement and provision of Services if MangoHost receives messages (complaints) about spamming, carried out in respect to user’s use of the Services or has otherwise reasonable grounds to believe that the use of the Services by the user may cause damage to the MangoHost business reputation, infrastructure or failure of the hardware and software of the MangoHost and/or third parties, or otherwise damage MangoHost and impute any damages or claims resulting from:
- any actions of the user to publish, distribute, mail, transmit in any way any information or software containing viruses or other harmful components;
- any actions of the user to publish, distribute, distribute, transmit in any way any information or software containing computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for the implementation unauthorized access;
- any actions of the user for the publication, distribution, distribution, transfer in any way of all kinds of information or software containing serial numbers for commercial software products and programs for their generation, logins, passwords and other means to obtain unauthorized access to paid resources on the Internet, as well as posting links to the above information.
10.8. The user is solely responsible:
10.8.1. For compliance with applicable law, by the user or a third party through the use of Services provided to the user by the MangoHost.
10.8.2. For compliance with the terms and conditions of this Agreement.
10.8.3. For compliance with the terms and procedure for payment for Services.
10.8.4. For keeping the service access parameters (Login and Password) secret and for losses that may be incurred as a result of unauthorized use of the service access parameters.
10.8.5. For maintaining a backup copy of data.
11. Dispute Resolution and Applicable Law
11.1. All disputes and disagreements arising from the execution of this Agreement, shall be resolved by the Parties through negotiations.
11.2. If it is impossible to reach an agreement between the Parties, the dispute is referred to the competent court of the Republic of Moldova.
11.3. The applicable law that will govern the use of the Services, the execution of this Agreement and the resolution of any disputes arising form the use of the Services or execution of this Agreement, will be the law in force of the Republic of Moldova.
11.4. If any provision of this Agreement is held to be illegal, invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Such illegal, invalid, void or unenforceable term or provision or part thereof shall be deemed modified to the extent required to render it enforceable; failing which, it shall be severed from this Agreement, which shall continue in full force and effect and be binding upon user.
12. Force Majeure
12.1. Neither Party shall be liable for failure to comply or improper performance of the terms and conditions of this Agreement, if this was the result of obstacles beyond the control of either of the Party (“Force Majeure”).
12.2. Such circumstances include: wars, natural disasters, fire, flood, earthquake, changes in legislation and government regulations, strikes and other circumstances that do not depend on the activities of the Parties.
12.3. In the event of such circumstances, the Agreement remains in force, and the deadline for the Parties to fulfill their obligations in accordance with this Agreement is postponed accordingly for the period of time during which the above situations and their consequences occurred.
12.4. If the effect of obstacles and circumstances resulting from Force Majeure continuing for more than three months, each Party has the right to terminate, in part or in full, its obligations and terminate the Agreement unilaterally. In this case, neither Party can claim damages from the other Party.
12.5. The Party for which obstacles out of control have occurred must immediately notify the other Party, but no later than 3 (three) business days from the date when the obstacles occurred.
12.6. The events of obstacles beyond control in the relations between the Parties are confirmed by the Chamber of Commerce and Industry of the Republic of Moldova.
13. MangoHost Address and Contact Details
"TIURF TI" SRL
IDNO / Tax code: 1021600031772
mun. Chisinau, str. Gradina Botanica, 14/3, of. 307
C.B. "PROCREDITBANK" S.A., fil. 002, Chisinau
Tel. (+373) 78 232 141
Fax: (+1) 505 3561835