AvenaCloud - Terms of Service

1. Introduction and Acceptance of Terms

Last updated: February 01, 2024

a. Overview

I. This document (referred to as "Terms of Service" or "ToS") governs the terms and conditions for using the hosting services provided by Infotech-Grup SRL (referred to as "Company," "We," "Us," or "Our").
II. By accessing or using the services offered by the Company, including visiting our website, you agree to comply with and be bound by these ToS.

b. Eligibility

I. Users must be at least 18 years old or the legal age of majority in their jurisdiction to use our services.
II. If you are accessing the services on behalf of a company or organization, you represent that you have the authority to bind such entity to these ToS.

c. Acceptance of Terms

I. By using our services, you acknowledge that you have read, understood, and agree to abide by these ToS and any other policies or guidelines incorporated by reference.
II. If you do not agree with any provision of these ToS, you may not use our services.

d. Modifications to Terms

I. We reserve the right to modify, amend, or update these ToS at any time. Changes will be effective upon posting the revised ToS on our website.
II. It is your responsibility to review the ToS periodically to stay informed about any updates. Your continued use of our services after the changes constitutes acceptance of the revised ToS.

e. Supplemental Terms and Policies

I. Some features of our services may be subject to additional terms, policies, or guidelines ("Supplemental Terms"). In the event of a conflict between these ToS and the Supplemental Terms, the Supplemental Terms shall prevail.
II. The Supplemental Terms will be disclosed to you in connection with such features.

f. Language of the Terms and Policies

I. The English version of all legal agreements and policies is deemed the sole, current, and authoritative version of this document.
II. Any translations of this document are provided for your convenience, aiding in the comprehension of the English version. These translations are not legally binding and are unable to substitute the English versions.
III. In case of any disagreement or conflict, the legal agreements and policies in English shall take precedence.

2. Definitions

In this Agreement, to ensure clarity and understanding, the following key terms are defined:

Acceptance: The affirmative act of agreeing to and complying with the Terms of Service, thereby forming a binding contract with the hosting company.
Additional Fees: Any extra charges or costs incurred beyond the standard service fee, which may include taxes, transaction fees, or other specified charges.
Affiliate: A person or entity associated with the hosting company to promote its services and earn commissions for successful referrals.
Agreement: Refers to the contract formed between the user and the hosting company upon the user's acceptance of the Terms of Service.
Billing Cycles: Predefined intervals at which users are billed for the hosting service, such as monthly, quarterly, semi-annually, or annually.
Billing: The process of generating and sending invoices or bills to users for the hosting services they have utilized.
Cancellation Procedures: The outlined steps and rules for terminating or ending the hosting service and discontinuing payment.
Consent: Permission or authorization given by the user for the collection, use, and processing of their personal information, often in accordance with privacy policies.
Cookie: A small text file stored on the user's device by a website, often used for tracking and improving user experience.
Data Collection: The process of gathering information from users, either voluntarily provided or automatically recorded during their usage of the hosting services.
Data Security Measures: Protocols, systems, or methods put in place to protect user data from unauthorized access, alteration, or destruction, ensuring confidentiality and integrity.
Free-of-Charge Days: Additional days of service provided at no cost to compensate for any unexpected disruptions or downtime experienced by the user.
Hosting Services: Various solutions offered by the hosting company, including VPS/VDS, dedicated servers, hosting storage, SSL certificates, IP address renting, domain registration, colocation, and VPN.
Payment Methods: The approved forms of payment that users can use to settle their hosting service charges, such as credit cards, bank transfers, or online payment platforms.
Renewal: The process of extending or continuing the hosting service beyond its initial term, usually for another specified period.
Response Time: The defined duration within which the hosting company aims to acknowledge and respond to inquiries or issues submitted through the ticket system.
Service(s): The hosting solutions, products, features, and any related offerings provided by the hosting company.
Support: Assistance and guidance provided by the hosting company to users, usually accessible through a ticket system and with a defined response time.
Terms of Service (ToS): The legally binding agreement that outlines the terms, conditions, and guidelines for using the hosting company's services and products.
Ticket System: An organized system for users to submit inquiries, issues, or requests for assistance, usually through an online platform, to the hosting company's support team.
Uptime: The percentage of time during which the hosting services are operational and accessible to users, typically expressed as a percentage (e.g., 99.9% uptime).
Usage Limit: A specified threshold or cap on the utilization of a discount code or service feature, beyond which it cannot be used or accessed.
User Account: An individual's account created upon registration, granting access to the services and features offered by the hosting company.
User Data: Information provided by users or collected about them during their interaction with the hosting services, including personal and non-personal data.
User: Any individual, organization, or entity accessing or using the hosting company's services, products, or website.
Website: The online platform owned and operated by the hosting company, accessible at a designated web address.

3. Description of Services

a. Scope of Hosting Services

I. Our hosting services include providing storage, connectivity, and necessary technology to enable the hosting of websites, applications, and related content on our servers.

b. Features and Functionality

I. Our hosting services encompass a wide array of offerings, including VPS/VDS, dedicated servers, hosting storage, SSL certificates, IP address renting, domain registration, colocation, and VPN services.
II. Each service type has its own set of features, limitations, and pricing, all of which are detailed on our website.

c. Availability and Uptime

I. We are committed to maintaining an impressive 99.9% uptime for our services.
II. In the event of unforeseen disruptions, we typically compensate our customers by providing free-of-charge days of service, ensuring customer satisfaction even during service interruptions.

d. Customer Support

I. Our dedicated customer support operates 24/7 via our ticket system, ensuring timely assistance and issue resolution.
II. The standard time limit for our response is set at 24 hours; however, if a customer selects the wrong department, an employee will transfer the query to the correct department, which may extend the response time.

e. Acceptable Use Policy

Users are strictly prohibited from engaging in the following activities and behaviors while using our hosting services:

Illegal Activities: Engaging in any illegal or unlawful activities, including but not limited to fraud, distribution of malware, hacking, or any activity violating local, national, or international laws and regulations.
Spam and Unsolicited Communication: Sending unsolicited messages, including spam, phishing emails, or any other form of unwanted communication to individuals or entities without their consent.
Abuse of Network Resources: Deliberate actions that result in the abuse or excessive consumption of network resources, such as bandwidth, processing power, or storage space, affecting the performance of our services or other users.
Intrusion and Unauthorized Access: Unauthorized access or attempting to access systems, accounts, or data belonging to others without proper authorization.
Password Cracking: Engaging in activities to crack passwords, obtain unauthorized access to password-protected areas, or use credentials without the account owner's consent.
Brute Force Attacks: Conducting brute force attacks or any method to gain unauthorized access to accounts or systems by repeatedly trying various passwords or passphrases.
Exploiting Security Vulnerabilities: Identifying, exploiting, or taking advantage of security vulnerabilities or weaknesses in systems, networks, or applications for unauthorized access.
Misuse of Credentials: Sharing, distributing, or using login credentials, access codes, or any authentication mechanisms without proper authorization from the account owner.
Phishing and Social Engineering: Engaging in phishing attempts, social engineering, or other deceptive techniques to trick users into revealing their login credentials or sensitive information.
DNS Spoofing or Cache Poisoning: Modifying or redirecting DNS (Domain Name System) responses to mislead users, gain unauthorized access, or cause disruption.
ARP Spoofing or Man-in-the-Middle Attacks: Performing ARP spoofing or man-in-the-middle attacks to intercept and modify data exchanged between two parties without their knowledge or consent.
Cross-Site Scripting (XSS) or Cross-Site Request Forgery (CSRF): Injecting malicious scripts into websites or applications to exploit users' browsers or perform actions on their behalf without authorization.
Denial-of-Service (DoS) Attacks: Launching DoS attacks or any activity that overwhelms servers, networks, or systems to disrupt access to services for others.
Distributed Denial-of-Service (DDoS) Attacks: Participating in or coordinating DDoS attacks, which involve multiple compromised devices to flood and overwhelm targeted services, causing downtime or disruption.
Interfering with Network Traffic: Unauthorized interception, monitoring, or modification of network traffic between users, servers, or any communication channel.
Distribution of Malware or Viruses: Distributing, uploading, or transmitting any malicious software, viruses, worms, or any other harmful files or code that could damage or disrupt our services or harm other users.
Intellectual Property Violations: Violating copyrights, trademarks, patents, trade secrets, or any other intellectual property rights of others.
Defamatory or Offensive Content: Posting, publishing, or transmitting content that is defamatory, libelous, slanderous, or harmful to the reputation of individuals, organizations, or entities.
Harassment and Threats: Harassing, threatening, intimidating, or bullying individuals or groups through any means, including online communications.
Hate Speech and Discrimination: Promoting hate speech, discrimination, racism, bigotry, or advocating violence or harm against any individual or group based on attributes such as race, ethnicity, religion, gender, or nationality.
Phishing and Identity Theft: Engaging in phishing activities or attempts to obtain sensitive information, such as passwords, credit card details, or personal identification, by posing as a legitimate entity.
Ban on Fake Shops and Replica Websites: Hosting fake shops, replica websites, or any sites that imitate legitimate businesses with the intent to deceive or defraud users is not allowed on our platforms.
Reselling and Redistribution: Reselling or redistributing our hosting services, in whole or in part, without our explicit consent and appropriate agreements.
Prohibition on Hosting Illegal Online Pharmacies: Hosting of online pharmacies that sell or distribute illegal pharmaceuticals, including unapproved, counterfeit, or unlicensed medications, is strictly prohibited on our platforms.
Excessive Resource Consumption: Utilizing an unreasonable amount of server resources, affecting the performance and stability of our services for other users.

f. Service Limitations

I. Explanation of any restrictions or limitations imposed on the usage of our hosting services, including but not limited to bandwidth, storage, server resources, or concurrent connections.
II. Clear indication of potential impacts of exceeding allocated limits and the options available to address such situations.

g. Service Changes and Updates

I. Information regarding our right to modify, update, or discontinue any part of the hosting services with or without notice.
II. Notification procedures and any potential effects on customers due to such changes.

h. Third-Party Services

I. Disclosure of any third-party services, applications, or software integrated or offered in conjunction with our hosting services.
II. Disclaimer of responsibility for third-party services and recommendation for users to review and comply with third-party terms and policies.

4. User Responsibilities and Conduct

Users are expected to adhere to responsible and ethical conduct while utilizing our hosting services.

a. User Responsibilities

Compliance with Terms: Adhering to all terms, conditions, and guidelines outlined in our Terms of Service and relevant agreements.
Account Integrity: Safeguarding your login credentials and promptly reporting any unauthorized access or security breaches related to your account.
Responsible Usage: Using our services in a responsible manner, avoiding actions that could harm or disrupt the services, servers, or networks.
Respect for Privacy: Respecting the privacy and confidentiality of other users and refraining from any actions that violate their privacy.
Truthful Information: Providing accurate and truthful information to us and promptly updating any changes to ensure the correctness of your account details.

b. Prohibited conduct:

Violation of Terms: Breach of any terms, conditions, or guidelines outlined in our Terms of Service or other relevant agreements.
Account Security: Sharing login credentials, access codes, or any authentication mechanisms without proper authorization from the account owner.
Impersonation: Assuming the identity of another person, entity, or misrepresenting affiliations with any individual or organization.
Malicious Activities: Engaging in activities intended to harm or disrupt our services, servers, or networks or those of any other entity.
Violation of Privacy: Infringing on the privacy of individuals or entities by sharing or distributing private or confidential information without consent.

5. Payment and Billing

a. Payment Terms

Payments for hosting services are due in advance based on the billing cycle you've chosen (monthly, quarterly, semi-annually, or annually).

Renewal: Your hosting plan will be automatically renewed at the end of each billing cycle, ensuring uninterrupted service. We will notify you in advance regarding upcoming renewals.
Cancellation Procedures: Should you wish to cancel your hosting plan, please initiate the cancellation through your account dashboard or by contacting our support team before the next billing cycle. Refunds, if applicable, will be processed as per our Refund Policy.

b. Payment methods

To avail hosting services or renew your existing plan, we offer flexible payment options to suit your convenience. Choose the most suitable method from the following:

PayNet: MasterCard, Visa.
Webmoney: WME, WMZ.
Cryptocurrency: Bitcoin, Litecoin, DOGE.
Cryptomus
Bank Transfer: USD, Euro.
SEPA Direct Debit.
Payssion: Different payment options.
Please note that certain payment systems may apply additional fees ranging from 2% to 5%.

6. Intellectual Property

a. Clarify ownership and usage rights of content uploaded by users.

b. Any infringement policies and procedures.

7. Privacy and Data Security

At our hosting company, we prioritize the privacy and security of your data. Here's a comprehensive overview of how we handle user data in compliance with data protection laws in RM:

a. Data Collection, Usage, and Protection:

We collect only essential user data required for providing and optimizing our hosting services. This may include personal information provided during account creation and usage data gathered through your interaction with our platform.
Usage: We utilize collected data to optimize and personalize your experience, improve our services, troubleshoot issues, and communicate with you.
Protection: Your data is stored securely using industry-standard encryption protocols, access controls, and regular security audits to prevent unauthorized access, loss, or disclosure.

b. Compliance with Data Protection Laws in RM:

We strictly adhere to data protection laws applicable in RM, ensuring that our data handling practices align with legal requirements. This includes:

Data Minimization: We collect only the minimum amount of data necessary for our services, following the principle of data minimization
Consent: We seek explicit consent for collecting and processing personal data, providing transparency on how it will be used.
User Rights: We respect and uphold user rights regarding their data, including the right to access, rectify, delete, or restrict processing.
Data Security: We maintain rigorous data security measures to protect user data against unauthorized access, breaches, or misuse.
Data Transfer: Any transfer of data outside RM is done in compliance with applicable laws and with appropriate safeguards in place. For further details on how we handle user data, your rights, and our commitment to data security and privacy, please refer to our Privacy Policy.

8. Content Policies

a. Restrictions on content and materials hosted.

b. Process for handling complaints regarding user-generated content.

9. Termination and Suspension

a. Circumstances for Termination or Suspension:

We may terminate or suspend your services under the following circumstances:

Breach of Terms: Violation of our Terms of Service, Acceptable Use Policy, or any other relevant agreements.
Non-Payment: Failure to pay for the services as per the agreed terms or repeated late payments.
Illegal Activities: Engagement in illegal activities or using our services for unlawful purposes.
Security Concerns: Potential security risks to our infrastructure, other users, or the internet community.
Technical or Operational Reasons: Technical challenges or operational issues that necessitate temporary suspension for maintenance or upgrades.

b. Consequences of Termination or Suspension:

Loss of Service Access: In case of termination, access to our services will be revoked, resulting in a complete loss of service benefits.
Data Retention and Retrieval: Depending on the circumstances, we may retain your data for a specific period. We'll provide assistance for data retrieval if feasible.
Refund Policies: Termination may impact refund eligibility based on our refund policy. No refunds will be provided for suspended accounts.
Communication: We will communicate the reasons and details of termination or suspension via email or other means as deemed appropriate.
Appeals and Resolutions: If the termination or suspension is due to a misunderstanding or rectifiable issue, we encourage you to reach out to our support team to discuss potential resolutions or appeals.

10. Warranty and Disclaimers

Understanding the limitations of liability, warranties, and disclaimers is essential for a transparent hosting service. Below, we outline our policies in this regard:

a. Limitation of Liability and Warranties:

Limitation of Liability: We strive to provide reliable services, but we cannot guarantee uninterrupted or error-free operation. In no event shall we be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of our services.
No Warranty: We make no warranties or representations about the suitability, reliability, availability, timeliness, and accuracy of our services for any purpose. Our services are provided "as is" without any warranty or condition.

b. Disclaimers Regarding the Use of Services:

Third-Party Services: Any third-party services integrated or linked to our services are subject to their respective terms and policies. We bear no responsibility for the content, actions, or omissions of such third parties.
User Responsibility: You are responsible for the use of our services and any consequences that arise from it. We are not liable for any damages or loss caused by your usage, actions, or decisions based on the provided services.
Indemnification: You agree to indemnify and hold us harmless from any claims, damages, losses, and liabilities arising from your use of our services or violation of our terms.
Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice. We shall not be liable for any modifications, interruptions, or discontinuation of the services.
Security and Data Loss: While we take security measures to protect your data, we disclaim any liability for unauthorized access, loss, or alteration of your data transmitted through our services.
By using our services, you acknowledge and agree to these terms.

11. Governing Law and Dispute Resolution

a. Jurisdiction:

This agreement is governed by the laws and regulations of the Republic of Moldova (RM). Any legal disputes, claims, or litigations arising from this agreement will be subject to the jurisdiction of the competent courts in RM.

b. Dispute Resolution Mechanism:

Negotiation: In the event of any dispute or disagreement, both parties agree to first attempt to resolve the matter through good-faith negotiation.
Court Action: If negotiation does not resolve the dispute, either party may pursue legal action in the courts of RM, subject to the governing laws outlined in section 11.a.

12. Changes to the Terms of Service

a. How and When the Terms of Service May be Updated:

Policy Review: We regularly review and evaluate our Terms of Service to ensure they remain relevant and compliant with applicable laws and regulations.
Updates and Amendments: We reserve the right to amend, modify, or update these Terms of Service at any time to reflect changes in our services, legal requirements, or other reasons we deem necessary.
Effective Date: Any updates or amendments to the Terms of Service will become effective immediately upon posting on our website, unless otherwise specified.

b. Notification to Users about Changes:

Communication of Changes: We will make reasonable efforts to notify users of any significant changes to the Terms of Service. Notification may be through email, a notice on our website, or other means as appropriate.
Review of Changes: It is your responsibility to review any updates or amendments to the Terms of Service. Continued use of our services after changes constitutes your acceptance of the updated Terms of Service.
Email Communication: If we choose to notify users via email, we will send the notification to the email address associated with the user's account.
We encourage users to review the Terms of Service regularly to stay informed about any changes. By using our services, you acknowledge and agree to adhere to the most current version of these Terms of Service.

13. Refund Policy

Eligibility for Refunds: Refunds are subject to the terms and conditions of the specific service or product purchased. Eligibility for a refund is determined based on these terms.

Requesting a Refund: Users can request a refund by contacting our customer support within the refund period specified in the terms of the purchased service. Refund requests must include appropriate justification.

Processing Time: Refund processing times may vary based on the payment method used, but we endeavor to process refunds as quickly as possible.

Exceptions: Certain products or services may have no refund policy, and this will be clearly stated during the purchase process.

14. Promotion Agreements

Agreement Terms: During a promotion, specific terms and conditions are outlined within the promotion itself. Users need to follow these terms throughout the promotion period to avail the offer.

Promotion Management: We reserve the right to announce, modify, or cancel promotional deals, offers, or discount codes at our discretion and at any time.

Discount Code Usage: If you apply a discount code to payments that are pending, and the code has a usage limit (meaning it can only be used a certain number of times), the system will prioritize applying the discount based on the order in which your payments are confirmed. However, if the usage limit has already been met, any subsequent payments won't avail the discount, even if the code is entered.

Termination of Agreements: We hold the right to terminate promotion agreements if users don't comply with the agreed terms or engage in activities that go against our ethical and policy standards.

15. Cookie Policy

We use cookies on our website to enhance user experience, analyze website traffic, and tailor our services to individual preferences.

Consent and Control: By using our website, users consent to the use of cookies. Users can control and manage cookie preferences through their browser settings.
Information Collected: Cookies may collect information such as IP addresses, browser details, device information, and browsing behavior for analytical and functional purposes.
For more information, you can visit our Cookie Policy Webpage.

16. Affiliate Program

Our Affiliate Program is designed for enthusiastic individuals or businesses seeking a mutually rewarding partnership with our hosting services. By becoming our affiliate, you can promote our hosting solutions and earn attractive commissions for every successful referral.

Program Details: Prompt your audience to complete a sign-up and make a purchase of our hosting services using the unique referral link provided. Earn competitive commissions for each successful referral who fulfills these requirements.
Commission Structure: The commission percentage may vary based on factors such as the type of hosting service sold, the volume of referrals, or promotional campaigns. Our affiliate team will provide you with precise commission details as per the applicable affiliate agreement.
Real-Time Tracking and Reporting: Stay informed about your referrals and earnings through our real-time tracking system. Our comprehensive reports help you optimize your marketing strategies for better results.
Receive Payouts: Payouts are made according to our payment schedule. Once you reach the minimum payout threshold, you can receive your earnings via your preferred payment method.
Termination of Affiliation: We reserve the right to terminate an affiliate's participation in the program for violation of terms or engaging in unethical promotional practices.

By enrolling in our Affiliate Program, you acknowledge and agree to abide by the commission terms and conditions as outlined in the agreement.

17. Force Majeure

The company shall not be held responsible for any failure or delay in the performance of its obligations under these Terms of Service if such failure or delay is a result of force majeure circumstances. "Force majeure" refers to any unforeseen event or circumstance beyond the reasonable control of the company that makes it impractical, illegal, or impossible to fulfill its obligations.

Such force majeure events may include, but are not limited to, acts of war, natural disasters, governmental actions, terrorism, power outages, labor strikes, and any other event considered force majeure under applicable laws and regulations.

During a force majeure event, the company will make reasonable efforts to mitigate the impact on its services and resume normal operations as soon as practicable. The affected party shall promptly notify the other party of the force majeure event and provide updates on the situation and anticipated duration of the event.

The company reserves the right to adjust, modify, or terminate services affected by a force majeure event. Users affected by such circumstances will be informed and provided with the necessary information regarding the situation.

18. Contact Information

Customer Support: Our primary channel for inquiries and support is our 24/7 customer support. Users can reach out via our ticketing system, which is monitored regularly.

Email: For non-urgent inquiries or general information, users can email us at support@avenacloud.com.

Phone: We provide a dedicated helpline at [+37378809952] for urgent queries and support during business hours.

Postal Mail: If needed, users can send physical correspondence or documents to our registered address:

Infotech-Grup SRL
str. Muncesti 364
Chisinau, 2002
Moldova

Social Media: Users can also connect with us through our official social media channels for updates, announcements, and general inquiries.

Website Contact Form: We have a contact form on our website that users can fill out to get in touch with us. Responses will be sent to the provided email address.

We are committed to responding to inquiries and providing support within a reasonable timeframe. Please ensure to provide accurate and relevant information to assist us in addressing your inquiries effectively.