This Agreement is

Between:

(1) Piu Host OÜ, business registration number 14382873, registered in Pelguranna 37 - 10135 Tallinn Estonia and

(2) "The Client"

Whereas:

(1) Piu Host OÜ is a internet agency offering hosting services and website development to clients using all appropriate providers connected to the internet.

(2) The Client wishes to use the host’s service to host the client’s website and by accepting a Proposal or making use of the Services or making a payment, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

It is agreed as follows:

Service

Once the Client’s Order has been processed, Piu Host OÜ will commence provision of the Service as soon as reasonably possible.

Piu Host OÜ is under no obligation to provide any Service that is not set out in the Client’s Order and the relevant Hosting Package unless Piu Host OÜ and Client enter into a new written Agreement for the provision of additional services.

Piu Host OÜ may, in its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client.

Piu Host OÜ may take any action necessary to address or repair faults in Hosting Hardware or Host Software without any prior notice to the Client. If such faults or remedial action results in an interruption to the provision of the Service the Client will be notified at the Host’s earliest convenience via email.

Availability of Service

Piu Host OÜ will use its reasonable endeavours to ensure that the Service is provided to the Client on a constant, uninterrupted basis throughout the Term of this Agreement.

Whilst Piu Host OÜ will use reasonable endeavours to ensure the integrity and security of the Hosting Hardware, Piu Host OÜ does not guarantee that the Hosting Hardware will be free from unauthorised users or hackers and Piu Host OÜ shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Where the provision of the Service is interrupted through the fault of any third party, Piu Host OÜ shall bear no responsibility or liability. Where it is subsequently established that fault does not lie with Piu Host OÜ but with the Client’s and/or its users’ internet service provider and/or equipment, Piu Host OÜ reserves the right to charge the Client such reasonable cost as Piu Host OÜ may have incurred.

Disk space usage

The Client may use up to 5 GB of space for each account. Piu Host does not offer 'unlimited' space. The space we offer can be used for any purpose (website files and backup) if content does not go against this terms. See Client Undertakings and Obligations. Space is shared between files, database and emails.

Anytime Money Back Guarantee

Piu Host offers an Anytime Money Back Guarantee that will allow the Client to receive a full or partial refund. For details on this policy, please see our Refund Policy

Changes to this Agreement

Piu Host OÜ reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law.

The Client will be informed of any such changes and shall be deemed to be bound by them 1 calendar month after receiving the notice.

If the Client does not agree to be bound by the changes they may terminate this Agreement in accordance with the Term and Termination clause of this Agreement.

Client Undertakings and Obligations

The Client may not use the Service or any other Hosting Hardware and Hosting Software for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:

Distribution of viruses, spyware, malware, or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;

Distribution of pirated material including, but not limited to software, movies, music and written works; and Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.

Distribution of large volumes of unsolicited email (spam) to recipients. All complaints made to Piu Host OÜ of such activity will be investigated, and may result in immediate suspension or cancellation of service at the Host’s sole discretion.

The Client may not use their website to link to any other sites or systems hosting any material described above.

The Client will monitor and supervise any and all third party activity on their website (including communications systems such as forums). Any third party activity that may fall within the criteria above must be stopped or removed, as appropriate.

The Client is responsible and accountable for all activity relating to their website and the Service that is carried out by third parties on their behalf.

The Client will use its best and reasonable endeavours to supply all information required to facilitate the provision of the Service to Piu Host OÜ in a timely fashion.

Prohibited content

The client is responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. Use of our services to host content related to or to engage in the following activities is strictly prohibited.

  • Topsites
  • IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites
  • IP scanners, Bruteforce Programs/Scripts/Applications
  • Black Hat SEO, Spamdexing, Scraper sites
  • Mail Bombers/Spam Scripts
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Anonymous or Bulk SMS Gateways
  • Websites or links to websites advocating human violence and hate crimes
  • Websites promoting illegal activities. or linking to other websites that promote illegal activities
  • Lottery/gambling or chain letters, regardless of content, and regardless of your citizenship
  • Advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites
  • Fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television
  • Bitcoin miners
  • Investment sites
  • Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service
  • Dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone
  • Content that promotes or advocates human trafficking in any way shape or form as determined by A2 Hosting's sole discretion, sites that promote prostitution, or escort services
  • Network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet)
  • Creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections
  • Posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities
  • Setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind

Liability

Piu Host OÜ shall not be liable to the Client or to third parties for:

Any losses resulting from interruptions or downtime to the Service;

Any inability, on the part of the Client, to use the Service;

Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.

Nothing in this Clause shall exclude the liability of Piu Host OÜ for death or personal injury resulting from the Host’s negligence or that of its employees or agents.

Nothing in this Clause or in this Agreement shall exclude the liability of Piu Host OÜ for fraudulent misrepresentation.

Warranties and Disclaimer

Subject to the provisions of this Agreement, Piu Host OÜ gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

Both Parties to the Agreement warrant that they are authorised and permitted to enter into the Agreement, and have obtained all necessary permissions and approvals.

Both parties warrant and undertake that they are not aware as at the date of the Agreement of anything within their reasonable control which might or will adversely affect their ability to fulfil the obligations under the Agreement.

Indemnities and Limitation of Liability

The Client will fully indemnify Piu Host OÜ against all costs, expenses, liabilities, losses, damages and judgements that Piu Host OÜ may incur or be subject to as a result of any of the following:

The Client’s misuse of the Service;

The Client’s breach of this Agreement;

The Client’s negligence or other act of default;

The Activities of third parties conducted on the Client’s website using facilities such as blogs, forums and chat.

Neither party shall be liable to the other under this Contract in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect or consequential or loss whatsoever.

The Client agrees to indemnify the Company against any claims, damages, losses, costs and expenses which the Company may sustain or incur in relation to any content and materials which the Client provides, such indemnity applying in respect of any claims for any breach of applicable law or regulation or any infringement of any intellectual property rights.

The Company agrees to indemnify the Client against any claims, damages, losses, costs and expenses which the Client may sustain or incur in relation to breaches of the Confidentiality and Intellectual Property Rights clauses of this Contract committed knowingly by the Company.

Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees

Force Majeure

Neither Piu Host OÜ nor the Client shall be liable for breaching this Agreement where that breach results from Force Majeure.

Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.

Term and Termination

The initial period of Service provision will commence on the date that the Client’s Order is processed.

Subsequent periods of Service Provision shall last for a period of 1 or 12 months each and will follow on from a previous period, without interruption, subject to the fulfilment of the Client’s obligations under the Fees and Payment Clause of this Agreement. All subsequent periods are subject to the termination provisions below.

Either party may terminate this Contract immediately in the event that:

Either party commits a serious, grave or material breach or persistent breaches of this Contract including non performance, default or neglect of its duties, responsibilities and obligations under this Contract, and

Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy; or

Such breach is not capable of remedy.

Piu Host OÜ reserves the right to terminate this Agreement at any point with one months notice at the host’s discretion, or Piu Host OÜ reserves the right to terminate this Agreement or to suspend the Service in the following circumstances:

If the Client fails to pay fees due under the Fees and Payment Clause of this Agreement; or

If the Client is in breach of the terms of this Agreement; or

The Client may request the termination of the Service and this Agreement anytime by written notice.

Any issuing of refunds is at the sole discretion of the Host and refund will not be issued if the reason of termination is for violations of the Terms of Service or Spam Policy.

Disputed charges ("chargebacks") associated with any account will in immediate and permanent termination of this contract without refund.

On termination of the Service and this Agreement the Client’s Website and all related material will be removed from the Hosting Hardware.

Confidentiality

Both parties shall keep in strict confidence all information which are of a confidential nature and have been disclosed by one party to the other party and shall procure that the receiving party’s employees, agents, consultants or subcontractors keep in strict confidence all such information other than for the purposes of performing its obligations under this Agreement.

Notice

Any notice given by either of the parties under this Contract shall be served on the other party and addressed to that party’s signatory by email, personal delivery, pre-paid recorded delivery or post to the receiving party as set out in this clause.

Any such notice shall be deemed to be effectively served as follows:

In the case of service by pre-paid recorded delivery or first-class post 48 hours after posting; or

In the case of service by email on the next working day

Joint Venture or Partnership

Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.

Jurisdiction

This Agreement shall be interpreted construed and enforced in accordance with the laws of Estonia.

The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Estonia over any claim or matter arising under or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

Mediation

If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the Agreement or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the Agreement, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.

Other Agreements

Client agrees to abide by the terms set forth in this document as well as other Piu Host policy documents including:
REFUND POLICY
PRIVACY POLICY

Headings

The headings in these Terms and Conditions are for convenience only and are not intended to have any legal effect.