This Agreement is between:
(1) Piu Host OÜ, business registration number 14382873, registered in Pelguranna 37 – 10135 Tallinn Estonia and
(2) “The Client”
Whereas: Piu Host OÜ is an internet agency offering hosting services and website development to clients using all appropriate providers connected to the internet. 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:
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 endeavors 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 endeavors to ensure the integrity and security of the Hosting Hardware, Piu Host OÜ does not guarantee that the Hosting Hardware will be free from unauthorized 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 the amount of space stated in the plan description for the client’s website. It is allowed to use all space to store files, but it is forbidden to use the space for the purpose of file sharing/distribution or to store any illegal or copyrighted material.
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 endeavors 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
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 Broadcasting or streaming of live sporting events or television
Bitcoin miners, Crypto and Investment sites
Content that promotes or advocates human trafficking in any way shape or form, sites that promote prostitution, or escort services
Network unfriendly activity, game servers
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.
Limits to a Custom Free Hosting Plan
If the client orders a custom hosting plan and does not add, at the moment of the order, any paid options the plan will free of any monthly payment. Such free hosting or any plan that goes back to a free hosting status is limited by the following rules:
– no free domain extensions ( .ga or .ml and others )
– no fake profile/email address
– no test pages ( like ‘Hello world’ page )
– no redirects to other domains / no iframes
– account owner has to login at least once every 3 months
– it is not allowed to open multiple free accounts for the same landing page, website, or in the general same purpose
All those limits do not apply if the hosting plan includes at least one paid monthly option.
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 authorized 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 fulfill 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 judgments 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 monthly and will follow on from a previous period, without interruption, subject to the fulfillment of the Client’s obligations under the Fees and Payment Clause of this Agreement. 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 the 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 month’s 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 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 for the hosting plan is at the sole discretion of the Host and a refund will not be issued if the reason for 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.
Both parties shall keep in strict confidence all information which is of a confidential nature and has 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.
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
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).
Other Agreements
The client agrees to abide by the terms set forth in this document as well as other Piu Host policy documents including: