Service Level Agreement

5.1 The purchase of services provided by tophost.md implies the acceptance of the Terms and Conditions of use. Acceptance takes place during the online ordering process, through the customer's acknowledgment that they have read and understood these rules and operational clauses. 

 

5.2 The terms and conditions of use apply to all visitors of the website www.tophost.md, as well as its customers who use the services. The purpose of these terms is to ensure that all tophost.md users have the same rights and interests, in accordance with the applicable rules.

 

5.3 TopHost reserves the right to make changes to the Terms and Conditions of use at any time, without prior notice, and these can be accessed at any time on the website www.tophost.md, on the Terms and Conditions page.

 

5.4 For a larger capacity of resources (such as RAM, CPU, or the number of simultaneous processes), the client will have the option to switch to a package with superior resources.

 

5.5 In the event that the server integrity or proper functioning is affected by the excessive consumption of a hosting account, TopHost reserves the right to suspend the respective account without prior notice.

 

5.6 All hosting accounts are monitored by our systems to maintain the proper functioning of the servers. If a hosting account uses a significant amount of resources, we will contact the client in question to inform them about this aspect.

 

5.7 If a hosting account uses an excessive amount of resources (memory, processor, SQL queries), which may destabilize the server or could do so, the account may be suspended or the script disabled without prior notice, to maintain the proper functioning of the server. It is the client's responsibility to contact us to request a package with superior resources.

 

5.7 Mass correspondence (spam) through emails not previously approved, including for advertising, commercial, or propaganda purposes, as well as sending letters containing obscene expressions, is prohibited.

 

5.8 Distributing information to recipients who have previously expressed a desire not to receive such information is prohibited.

 

5.9 Using the provided information resources (such as mailboxes, email addresses, web pages, etc.) as contact information for committing any of the above actions is prohibited, regardless of the network from which these acts were committed.

 

5.10 The use of non-existent addresses when sending emails is also prohibited.

 

5.11 Child pornography and any associated activities are strictly prohibited.

 

5.12 Placing information that insults the honor and dignity of other persons is prohibited, except when ordered by a court decision. In such cases, the account will be suspended without the possibility of an advance refund.

 

5.13 The use and distribution of materials that violate copyright of any kind are prohibited.

 

5.14 The placement of pornographic materials on the virtual web server is strictly prohibited.

 

5.15 Unauthorized attempts to access network resources, as well as participation in network attacks and hacking activities, are prohibited.

 

5.16 Overloading the software or hardware, as well as the intermediate areas of the network, to an extent that exceeds what is necessary for the normal functioning of the servers and their components, is prohibited.

 

5.17 The use of IRC (chat), online bots, and other specialized programs that are not compatible with hosting services is prohibited.

 

5.18 Incitement to national, racial, or other hatred, including materials with fascist, Nazi, or terrorist content, as well as calls to overthrow the existing regime in any country in the world, is strictly prohibited.

 

5.19 All our web hosting packages (shared) include backup solutions, ensuring data security by storing backup copies in two different locations. We use the JetBackup solution, which performs periodic backups every 24/48 hours in both internal and external storage space.

 

5.20 It is essential to emphasize that, although we make every effort to maintain the integrity of backups, we cannot fully guarantee this aspect. Therefore, we recommend our clients to perform their own periodic backups and store them in a secure external environment. Data within our backup services are kept in rotation for a period of 30 days.

 

5.21 This dual approach offers greater security for your data, providing a safety net in the event of unexpected incidents that could affect data integrity on the server. However, the final responsibility for keeping data safe rests with the clients, by performing and managing their own backups.

 

5.22 In the event that 30 days of non-payment are exceeded and the account is deleted from the server, the client may request the restoration of the website from an older backup, if this operation is possible.

 

5.23 Account backup copies are usually kept for up to 90 days after the suspension or deletion of the service.

 

5.24 For VPS services, the backup option (snapshots) is included, which is created once or twice a week. Backups are kept in rotation for a period of 7 days.

 

5.25 Clients who own dedicated servers do not benefit from free backup and configure the creation of backups themselves.

 

5.26 Pro VPS servers are provided with administration:

30-60 minutes per month are included, depending on the chosen tariff plan.

Security configuration, updates, backups (snapshots), and proactive monitoring.

For Windows servers, software and operating system updates.

Server setting according to client requirements.

 

5.27 Self-administered VPS servers:

Clients fully manage and administer the server on their own.

They ensure security, updates, optimization, and monitoring.

 

5.28 The Provider is not responsible for the loss of information hosted on servers as a result of user actions, hacking attacks, or due to errors existing in applications not associated with the service. For example, the control panel is not part of the service and is not provided by us, being developed and offered by cPanel LLC.

 

5.29 On our servers, we use the Imunify 360 security tool for protection against malware and security threats. Imunify 360 performs active scans of user accounts to detect potentially dangerous files and suspicious behaviors, thus ensuring server security and protecting users.

 

5.30 If malware files are detected on your account that could pose a threat to the server or other users, we will send you a notification immediately. You are obliged to take steps to clean up and analyze the problem within 24 hours of receiving the notification and to inform us accordingly.

 

5.30 In certain situations, if the detected threat is considered severe, we may block your account immediately. In this case, we will contact you to provide additional information and assistance.

 

5.31 TopHost does not assume responsibility for the client's installation of plugins, themes, and other CMS (Content Management System) components, such as WordPress, Joomla, and others:

 

5.32 The client is responsible for ensuring the security of their website by carefully selecting and regularly updating plugins, themes, and CMS installations.

 

5.33 Plugins, themes, and other third-party software installed by the client may introduce security vulnerabilities. TopHost recommends clients to be informed about the best security practices and to promptly update the software to reduce potential risks.

 

 

6. Domain name registration and renewal.

 

6.1 Domains are registered for a minimum period of 1 year and cannot be canceled after registration.

 

6.2 Domains with the .md extension can be registered for a period of up to 5 years.

 

6.3 All .md domain registrations comply with the rules established by the "Information Technology and Cyber Security Service," which can be consulted on the page dedicated to registration rules and the registration contract available on the website https://nic.md. 

 

6.4 The Provider acts as an intermediary for all domain extensions “.md”, “.ro”, “.com”, “.eu”, etc.

 

6.5 Correction of a spelling error in the domain name is not permitted. Once the domain name is registered or renewed, the provider will not reimburse any fee for the domain name already registered/renewed.

 

6.6 The client is responsible for all data concerning the inscribed and registered domain name, such as the contact person details, being current, complete, and correct throughout the registration period. The only truthful data are those provided by the client; the provider is not obliged to take note of other data than those communicated by the clients or to conduct research regarding their correctness.

 

6.7 To transfer the domain name to another provider, the client will submit a completed request according to the current provider's form and send it from the email address with which they are registered only after which they can receive the unique transfer authorization code.

 

6.8 Requests for domain transfer whose transfer code to another provider cannot be obtained automatically through the provider's website will be examined within 5 working days only after receiving the transfer request.

 

6.9 The acceptance of the request and the registration of a domain name does not mean that the provider recognizes that the client has the legal right to use that name, including in the case of a domain referring to registered trademarks, company names, or well-known personalities.

 

6.10 The client who owns a domain name will not involve the provider in disputes caused by the use of the respective domain name.

 

6.11 The client undertakes to fully indemnify the provider for all costs, expenses, and compensation costs initiated by third parties, including court costs and lawyer fees incurred by the provider due to the illegal registration and/or use of a domain name.

 

6.12 .MD Domains – suspension, blocking, or revocation.
Important: According to ANRCETI Regulation no. 42/2020, .MD domains can be blocked, suspended, or revoked if:

They violate the legislation on trademark protection or intellectual property rights;

Appropriate measures are not taken to remove content that violates these rights, upon notification by authorities or interested parties;

There is an ADR (Alternative Dispute Resolution) decision or a court decision in this regard.

 

6.13 According to Art. 12.2 of the Regulation, the Registrant agrees that a domain name may be blocked, revoked, or transferred to another party by the National Registrar based on these procedures and in accordance with the ICANN policy on dispute resolution for domains.

 

6.14 The renewal price of the web domain may be changed annually and adjusted according to the market price.

 

6.15 Expired domains cannot be transferred to another registrar.

 

6.16 Expired domains enter the redemption period for a period of 30 or 60 days (depending on the extension) and can only be renewed after payment of the penalty + renewal fee. To avoid paying additional fees, timely renewal of web domains is recommended, regardless of their extension.

 

6.17 After the completion of the redemption period, the domain is free and can be registered by another person.

 

6.18 Domains registered by another person can no longer be recovered, registered, or renewed.

 

6.19 For the registration of some domains, it may be necessary to present data from identity documents or other documents depending on the domain extension.

 

6.20 International domains (.com, .net, .org, .biz, etc.) as well as those in the category of new TLDs (example: .online, .srl, .web, etc.) may be considered premium domains at the registrar. For this reason, there is a possibility that the standard cost of the extension is displayed and ordered upon checking availability, but the cost may differ upon registration attempt. In this situation, a price offer is requested from the international registrar. If applicable, the price difference will be paid, or the standard value paid will be refunded.

 

6.21 Other international extensions, such as .DE, .IT, .ES, .EU, and others, may have specific renewal conditions, requiring renewal even a month before expiration.

 

6.22 Renewal of the .DE domain must be done at least 3 days before the registration term expires. Otherwise, the domain will be automatically deleted, and its status will be changed to redemptionPeriod (duration of 30 days): .DE domain rules - https://www.denic.de/en/domains/de-domains/domain-guidelines .

 

6.23 The .IT domain requires renewal 30 days before the registration term expires. If renewal is not carried out 30 days before the registration term expires, the domain will enter the redemptionPeriod status, which lasts 30 days. During this period, the domain can be recovered, but this requires the payment of additional fees. TopHost is not responsible for indirect damages in the following situations:

 

6.24 For any reason or error, the domain was not automatically registered/renewed at the time of payment collection. However, TopHost is obliged to refund the collected amount if the domain was not registered/renewed on time and can no longer be recovered.

 

6.25 If the domain was suspended, deleted, or canceled by the international registrar or STISC.

 

6.26 If losses or damages occurred as a result of interrupted access to the domain.

 

6.27 In the case of significant damages caused by an error of TopHost, the company assumes responsibility, but compensation will be limited to the amount paid for the service and cannot exceed this amount.

 

6.27 .MD domains are subject to nic.md rules, and international domains are subject to ICANN rules.

ICANN Policy.

.md Domain Registration Rules

 

7. News / online media websites.

 

7.1 The client undertakes to comply with the legislation of the Republic of Moldova applicable in the field of media and communications, including the Audiovisual Media Services Code (Law no. 174/2018, with subsequent amendments) and other related regulations.

7.2 Transparency of ownership and financing.

News websites and media platforms hosted through TopHost services must comply with transparency requirements, including:
• publishing the official name of the media institution / agency;
• indicating the legal form and tax code (IDNO);
• displaying the legal address and the location of the editorial office;
• mentioning the owners and effective beneficiaries;
• informing about funding sources (especially state advertising or external funding);
• indicating the name of the director / administrator and the responsible editor.

This information must be visibly displayed on the website, in the "About Us" section or the footer.

 

7.3 Prohibited content.

The client undertakes NOT to publish and NOT to disseminate through the hosted services content that:
• promotes disinformation, propaganda, or manipulation of public opinion;
• contains extremist speech, incitement to hatred or violence;
• threatens national security or public order;
• violates copyright legislation or other legal rights.

 

7.4 Video platforms and additional obligations

If the website functions as a video platform (VSP – Video Sharing Platform) and has legal or economic ties with the Republic of Moldova, the client must comply with the additional regulations of the CSMA, including:
• protection of minors;
• prohibition of manipulative content;
• compliance with national or European content quotas.

 

7.5 Language obligations and content quotas.

To the extent applicable, hosted media websites must comply with regulations regarding:
• the use of the state language;
• the inclusion of national or European content quotas established by the authorities.

 

7.6 Hosting provider's right.

TopHost reserves the right to:
• immediately suspend or restrict access to hosting services if there is evidence or reasonable suspicion that the hosted website violates legal or contractual provisions;
• terminate the contract in case of serious or repeated violations.

 

7.7 Client responsibility.

The client is solely responsible for the published content and for complying with applicable legislation.
TopHost provides the technical hosting infrastructure and does not exercise editorial control over the hosted content but has the obligation to intervene based on legal provisions or requests from authorities.

 

 

8. Order delivery policy.

 

8.1 The client undertakes to pay for our services in advance, corresponding to the period for which they are provided. Invoices must be paid in advance, at the beginning of each billing period, within 10 working days from the issuance of the proforma invoice.

 

8.2 Prices displayed in US Dollars do not include VAT. The client agrees to pay for the services in advance, by paying the proforma invoice, and will receive the tax invoice in electronic format.

 

8.3 The service renewal invoice will be issued 14 days before the due date. In case of non-payment, domains will expire on the due date, and hosting services will be suspended within 5 days.

 

8.4 After 30 days of exceeding the payment term, TopHost reserves the right to permanently delete the hosting account from the server. Data storage is exclusively the responsibility of the client, who is directly responsible for the loss of data in case of non-payment for hosting services.

 

8.5 Active promotions on our website are valid exclusively for new orders placed during the respective promotion period. Services previously ordered are not eligible for current promotions.

 

9. Order cancellation policy.

 

9.1 According to the rules, individual clients who are consumers have the right to withdraw from web hosting service contracts within 14 days from the date TopHost accepts the order. All amounts will be refunded within 15 days from the date of contract withdrawal.

 

9.2 The following services are not included in the 14-day return policy: fees for domain name registration, fees paid for cPanel, LiteSpeed, Plesk licenses, and any other activated license, services ordered as a reseller, and any other fees paid for optional services other than those in the standard offer.

 

 

PRIVACY POLICY.

 

In accordance with the provisions of Law No. 133/2011 on the protection of personal data, the service provider processes personal data. Personal data is processed in good faith and is done on the basis and in accordance with legal provisions. The processing of personal data is carried out by mixed means (automatic and manual), in compliance with legal requirements and in conditions that ensure the security, confidentiality, and respect for the rights of the data subjects.

 

The Provider collects and processes only the personal data provided by consumers when placing the order: first name, last name, phone number, address, postal address.

 

Personal data is used exclusively for the purpose of website administration, to allow access to special information, for order delivery, or to contact the consumer for the purpose of executing the delivery. By this information, users and consumers become aware that their personal data (first name, last name, phone number, address, postal address) will be processed and used. The service provider processes the personal data of users and consumers that are provided through browsing, using, and registering on the website www.tophost.md.

 

Any information provided by the users and consumers of the www.tophost.md website will be considered and will represent the express consent for the personal data to be used by the Provider.

 

The Provider will not disclose any of the held data to a third party without the consent of the data subjects and will not commercialize, exchange, or disclose this data with other persons, with the exceptions provided by the legislation in force (at the request of state public institutions, law enforcement bodies, courts, also authorized to process personal data).

 

Personal data may also be processed and used by the Provider for statistical and subsequent promotional purposes.

 

The service provider fulfills the security requirements for personal data and ensures the protection of consumer data and protects them from being lost, destroyed, distorted/falsified, or disclosed to third parties.

 

The employees of the service provider are obliged to respect the confidentiality of consumers' personal data. The processing of personal data will be carried out by the authorized person of the Provider.

 

The Provider uses security methods and technologies in accordance with the legal provisions in force. The Provider does not collect information related to transactions, such as card number, expiration date, country of origin.

 

For more details and information, any interested person can contact us via email at support@tophost.md or by phone at +373 795 80080