"PQ HOSTING" S.R.L. provides web hosting services to Clients around the world. The following terms of service are designed to provide the highest level of service available.
"PQ HOSTING" S.R.L. reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, "PQ HOSTING" S.R.L. will notify you by posting an announcement on the Website, or via email. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
All services provided by "PQ HOSTING" S.R.L. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Russian Federation law is prohibited. The Client agrees to indemnify and hold harmless "PQ HOSTING" S.R.L., from any claims resulting from the Client's use of "PQ HOSTING" S.R.L.'s services which damages the Client or any other party.
Examples of prohibited usage of "PQ HOSTING" S.R.L. services for purpose of (but are not limited to):
Examples of prohibited actions within "PQ HOSTING" S.R.L. infrastructure:
Examples of Advertising & Promotions Limitations for "PQ HOSTING" S.R.L. clients (but are not limited to):
"PQ HOSTING" S.R.L. support includes access to technical support provided via phone, ticket system and email.
Customer agrees to maintain a current copy of all content hosted by "PQ HOSTING" S.R.L. notwithstanding any agreement by "PQ HOSTING" S.R.L. to provide back up services.
"PQ HOSTING" S.R.L. will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond "PQ HOSTING" S.R.L.'s control or which are not reasonably foreseeable by "PQ HOSTING" S.R.L., including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. "PQ HOSTING" S.R.L. will provide at least 72 hours advance notice to the Client for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. "PQ HOSTING" S.R.L. has no responsibility for downtime resulting from a user's actions.
To use the Service, you must register, or have previously established, an account within "PQ HOSTING" S.R.L. (an "Account"). Creation and use of Accounts are subject to the following terms and conditions:
At any time, "PQ HOSTING" S.R.L. may request for a valid proof of the Account details you have provided, such proof as, but not limited to, a copy of your private ID or your company license and registration documents. Denial to comply or fact of providing false Account details may lead to your Account suspension and termination.
"PQ HOSTING" S.R.L. provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. "PQ HOSTING" S.R.L. will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.
"PQ HOSTING" S.R.L. reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time and terminate the Services, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law. Any such termination may result in the forfeiture and destruction of information associated with your Account. "PQ HOSTING" S.R.L. may provide prior notice of the intent to terminate Services to you if such notice will not, at "PQ HOSTING" S.R.L.'s discretion, run counter to the intents and purposes of these Terms of Service. Any fees paid hereunder are non-refundable and any fees owed to "PQ HOSTING" S.R.L. before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as "PQ HOSTING" S.R.L.'s costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Client by this Agreement will immediately be terminated, and Client shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions written belows in "Cancellation Procedure" paragraph. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Customer may submit a cancellation request via help desk ticket. "PQ HOSTING" S.R.L. is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.
The account will be charged based on selected billing cycle for the service. Billing dates are recurring on the day the account was opened.
We will provide refunds on a case-by-case basis based on our SLA. In case of return of unused funds, the refund amount is equal to the amount of unused funds in the account, minus payment systems' transfer commission costs.
Any violation of "PQ HOSTING" S.R.L.'s Terms of Service Agreement shall result in no refund.
A credit card chargeback fee equivalent to payment systems transfer commission costs. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer's behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the chargeback fee. Chargebacks received are reversed from the customer's account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in service suspension or account termination (if the account is terminated all information within the account will be deleted).
When the client creates an automatic payment profile in order to pay for "PQ HOSTING" S.R.L. services automatically, the customer is responsible for the cancellation of this profile when he no longer wants to use this method of payment for "PQ HOSTING" S.R.L. services. "PQ HOSTING" S.R.L. is not responsible for processing or refund of the payment which was received for non-existent or disabled service.
Please note that "PQ HOSTING" S.R.L. reserves right to immediately terminate all related to dispute accounts and services without refund if we consider your opened dispute with the payment system about the refund of the money paid for "PQ HOSTING" S.R.L. services to be an abuse of the payment system (if the account is terminated all information within the account will be deleted).
(Disabling of services due to overdue payment). All invoices are generated 7 days prior to the date of payment. If the customer fails to pay an invoice within 3 days after the missed payment date of that invoice, "PQ HOSTING" S.R.L. reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service.
In addition to all rights and remedies granted to "PQ HOSTING" S.R.L. in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, "PQ HOSTING" S.R.L. shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than (15) days, to terminate the Services provided to Customer, all at Customer's cost and expense. Upon such termination, Customer agrees to and shall immediately pay to "PQ HOSTING" S.R.L. all Fees and other amounts due and owing for Services provided through and including the effective date of termination.
"PQ HOSTING" S.R.L.is acting under Moldova Republic legislation
In case Any dispute between "PQ HOSTING" S.R.L. and a Client are not settled by negotiations, they should be examined by the Arbitration Court in accordance with the effective Russian legislation, observing the rules of jurisdiction . Each party shall bear its own expenses and legal fees for the Arbitration Court. The court shall be conducted in Arbitration Court of St. Petersburg and Leningrad region, unless both parties agree in writing to a different location. Any threat of a lawsuit against "PQ HOSTING" S.R.L. can lead to an immediate shutdown of all provided to you services.
Customer agrees to indemnify and hold harmless "PQ HOSTING" S.R.L., its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
EXCEPT AS DESCRIBED IN THE SLA, "PQ HOSTING" S.R.L. SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. "PQ HOSTING" S.R.L. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF "PQ HOSTING" S.R.L. AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AVERAGE MONTHLY FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, "PQ HOSTING" S.R.L. PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND "PQ HOSTING" S.R.L. SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
"PQ HOSTING" S.R.L. may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by "PQ HOSTING" S.R.L. may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the "PQ HOSTING" S.R.L. website. This reference will be strictly limited to disclosure that "PQ HOSTING" S.R.L. has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at "PQ HOSTING" S.R.L.. However, "PQ HOSTING" S.R.L. may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
Terms Of Service are subject to change without any prior notification. Content that does not meet these standards may be removed without prior notice to the Client.
These Terms of Service are a legally binding contract between the Client and "PQ HOSTING" S.R.L..
By opening an account, the Client agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by "PQ HOSTING" S.R.L. administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. "PQ HOSTING" S.R.L. maintains the right to terminate accounts without prior notification.
Any work or professional services performed or provided by "PQ HOSTING" S.R.L. under this Agreement shall not be deemed as Work For Hire.
In the case that a customer is terminated for violating one or more of the "PQ HOSTING" S.R.L. Terms of Service, "PQ HOSTING" S.R.L. reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of "PQ HOSTING" S.R.L. and all dedicated servers must adhere to the above policies.