Terms of Service

"PQ HOSTING PLUS" S.R.L. provides web hosting services to customers worldwide. The following terms of service are designed to provide the highest level of service.

"PQ HOSTING PLUS" S.R.L. ("PQ.Hosting", "we", "us" or "our") welcomes you to pq.hosting (the "website"). These Terms of Service (together with the PQ.hosting privacy policy, "terms of service" or "agreement") govern your use of the website and the services, features, content or applications operated by "PQ HOSTING PLUS" s.r.l. (together with the website, the "services") and provided to the customer ("customer", "you" or "your"). Please read these Terms of Service carefully before using the services. These Terms of Service apply to all users of the services, including any sub-users. Your use of the services in any manner constitutes your agreement to these Terms of Service and all other rules, policies and procedures that may be posted by us on the website from time to time without prior notice to you. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES AND MUST LEAVE THE WEBSITE IMMEDIATELY AND STOP USING THE SERVICES.

"PQ HOSTING PLUS" S.R.L. reserves the right at any time and from time to time to modify or amend these Terms of Service without notice, but if any such changes constitute a material change to these Terms of Service, "PQ HOSTING PLUS" S.R.L. will notify you by posting an announcement on the site, or by email. Changes and amendments will be effective immediately upon posting on the site. By continuing to access or use the services after any such changes or modifications, you hereby agree to comply with the modified terms of service. For this reason, we recommend that you familiarize yourself with the terms of service whenever you use the services. If you do not agree to any modification of these Terms of Service, you must stop using the services immediately.

All services provided by "PQ HOSTING PLUS" S.R.L. must be used only for legitimate purposes. The transmission, storage or presentation of any information, data or material, violation of any law is prohibited. The client agrees to hold PQ HOSTING PLUS S.R.L. harmless from any claim arising from the client's use of the services of PQ HOSTING PLUS S.R.L. that causes damage to the client or any other party.

Prohibitions

"PQ HOSTING PLUS" S.R.L. will be the sole arbiter as to what constitutes a violation of this provision.

Examples of prohibited use of the services of "PQ HOSTING PLUS" S.R.L.. For the purpose of (but not limited to):

Spamming, that is, sending unsolicited e-mail from any "PQ HOSTING PLUS" S.R.L. server or any server located on the "PQ HOSTING PLUS" S.R.L. network, is strictly prohibited. "PQ HOSTING PLUS" S.R.L. will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that directly or indirectly refers to a domain contained in a "PQ HOSTING PLUS" S.R.L. account;
Running Unconfirmed Mailing Lists. Subscribing to email addresses on any mailing list without the explicit and verifiable permission of the email address owner is prohibited. All mailing lists managed by clients of PQ HOSTING PLUS S.R.L. must be closed ("confirmed registration"). The subscription confirmation message received from each address owner must be kept on file for the duration of the mailing list. The purchase, sale, or use of third party email lists for mailing to any domain hosted on the "PQ HOSTING PLUS" S.R.L. website, or links to any "PQ HOSTING PLUS" S.R.L. domain account, is prohibited;
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this Agreement or the agreement of any other Internet Service Provider, including, but not limited to, facilitating a means of sending unsolicited bulk email, initiating pinging, flooding, mail spam, text spam, unsolicited bulk text messages or denial of service attacks, is prohibited;
Cultivation of email addresses or any unauthorized collection of email addresses without prior notice to the owner of the email address is strictly prohibited;
Account management on behalf of or in connection with the resale of any services to persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited;
All commercial email marketing companies must adhere to the Controlling Assault on Unsolicited Pornography and Marketing (CAN-SPAM)
Act of 2003. In addition, such companies are prohibited from sending bulk mail from "disposable domain names" with whois privacy protection;
Configuring your service to act as an open proxy server;
Mining virtual currency (cryptocurrency) (Bitcoin, Etherium, etc.). Translated with www.DeepL.com/Translator (free version)

"PQ HOSTING PLUS" S.R.L. will be the sole arbitrator as to what constitutes a violation of this provision.

Examples of prohibited actions in the infrastructure of "PQ HOSTING PLUS" S.R.L.:

Any attempt to undermine or harm PQ HOSTING PLUS S.R.L.'s infrastructure or PQ HOSTING PLUS S.R.L.'s customer is strictly prohibited, including but not limited to:
Log in to a server or account that you are not authorized to access;
Accessing data or taking any action to obtain services not intended for you or your use;
Attempting to probe, scan, or test the vulnerability of any system, subsystem, or network without the owner's authorization;
Tampering with, tampering with, modifying or otherwise damaging or breaching security or authentication measures without proper authorization;
Transmission of material containing viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs or mechanisms with the intent or effect of damaging, destroying, disrupting or otherwise impairing computer functionality or system operation;
Interference, interception or expropriation of any system, data or information;
Interference with service to any user, host or network, including, but not limited to, overloading or "crashing" any computer system;
Misuse of system resources, such as when using programs that consume excessive network capacity, CPU cycles or disk I/O. The exact limitations of the "PQ HOSTING PLUS" S.R.L. infrastructure are listed in the SLA and may vary depending on the type of service provided to the customer.

"PQ HOSTING PLUS" S.R.L. will be the sole arbitrator as to what constitutes a violation of this provision.

Examples of advertising and promotional restrictions for "PQ HOSTING PLUS" S.R.L. customers. (But not limited to them):

In the following scenarios, PQ HOSTING PLUS" S.R.L. customers are prohibited from advertising, promoting or making claims related to services hosted on PQ HOSTING PLUS" S.R.L. infrastructure. This restriction includes what is allowed to be stated on your website, to customers, in promotions and advertising materials. This restriction applies to customer claims related to services hosted by "PQ HOSTING PLUS" S.R.L..
Claims related to DDoS mitigation or any related service, including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or DDoS or DoS services;
Any illegal or unlawful activity;
Any services designed to deceive, defraud, defame, coerce, or entice others to engage in illegal activities.

"PQ HOSTING PLUS" S.R.L. will be the sole arbitrator as to what constitutes a violation of this provision.

VPS Services

The user independently manages and administers the VPS server, including servers with Windows operating system, as well as installs and modifies software at his/her discretion. If necessary, the user can contact the service provider to order VPS/Dedicated maintenance by submitting a corresponding request to the support service. The cost of such maintenance is determined individually between the parties. The service provider has the right to refuse to provide the service.
When ordering a VPS/Dedicated with pre-installed Windows operating system, the user receives a service with a trial Windows license. Windows license activation is not the responsibility of the service provider.
When using VPS, as well as dedicated servers with Microsoft Windows operating system, the service provider has the right to refuse to install, customize, update the software if the software distributions are not supported by Microsoft. The service provider is not responsible for failures in the operation of the software installed by the user and does not consider claims regarding technical failures.
When providing Windows VPS service, as well as dedicated servers with Microsoft Windows operating system, the service provider is entitled to provide only 1 (one) RDP (Remote Desktop Protocol) terminal session to connect the user to a remote desktop for the purposes of testing, maintenance and administration of products.
When using VPS, as well as dedicated servers, the user is recommended to use the system of ticket messages to solve technical issues. Technical support of users is provided by the service provider only through the specified messaging system.
The user to whom the server/virtual server rental service is provided, confirms his/her consent and notification of the above conditions, as well as the absence of claims.

Support

technical support

The support of "PQ HOSTING PLUS" S.R.L. includes access to technical support provided by telephone, ticketing system and e-mail.

Backups

Customer agrees to maintain a current copy of all content hosted by PQ HOSTING PLUS S.R.L., notwithstanding any agreement by PQ HOSTING PLUS S.R.L. to provide backup services.

Scheduled maintenance and downtime

"PQ HOSTING PLUS" S.R.L. will make every effort to provide services 24 hours a day, seven days a week. Customer acknowledges that from time to time services may be unavailable or inoperable for various reasons, including periodic maintenance or upgrade procedures ("scheduled downtime"); or service failures, as well as causes beyond the control of "PQ HOSTING PLUS" S.R.L. or that are not reasonably foreseeable by "PQ HOSTING PLUS" S.R.L., including interruption or failure of telecommunications or digital transmission lines, hostile network attacks, network congestion or other failures. "PQ HOSTING PLUS" S.R.L. will provide Customer with at least 72 hours advance notice of scheduled downtime and will use commercially reasonable efforts to minimize any other disruption, unavailability and/or inoperability of its web servers. "PQ HOSTING PLUS" S.R.L. is not responsible for downtime resulting from user actions.

Creating and Terminating an Account

Account Details

To use the service, you must register or pre-create an account with PQ HOSTING PLUS S.R.L. (hereinafter "account"). (hereinafter referred to as "account"). The creation and use of accounts is subject to the following terms and conditions:

When creating an account, you are required to provide PQ HOSTING PLUS S.R.L. with certain accurate, valid and current information such as, but not limited to, your name, address, telephone number, e-mail address. For an individual, the information provided must contain at least: full name of the account holder, residential address, telephone number and e-mail address. For a legal entity, the information provided must include: legal address, company registration number, telephone number, e-mail address, and the full name of the account holder authorized to operate the account on behalf of the company.
The maximum number of accounts that a private or legal entity may register under "PQ HOSTING PLUS" S.R.L. is limited to no more than one (1) account.
It is your responsibility to keep the account information provided up to date. Keeping your contact information up to date may be critical to receiving support from "PQ HOSTING PLUS" S.R.L., As provided in the SLA.

The storage of your personal information by "PQ HOSTING PLUS" S.R.L. is governed by a privacy policy.

At any time, PQ HOSTING PLUS S.R.L. may request valid proof of the account details you have provided, such as, but not limited to, a copy of your personal identification card or your company license and registration documents. Refusal to comply or the fact that you have provided false account details may result in suspension and termination of your account.

Password protection and account authorization

"PQ HOSTING PLUS" S.R.L. provides customers with flexibility with respect to their own passwords, account access and authorization procedures. Customers are responsible for selecting appropriate authentication procedures and selecting the proper information to be used to authenticate the account. Customer is responsible for protecting the information used to authenticate their account. Account access, password protection and server security are the responsibility of the customer. "PQ HOSTING PLUS" S.R.L. We are not liable for any damage, direct or indirect, resulting from unauthorized access to the account, password cracking or hacking.

Termination of services

"PQ HOSTING PLUS" 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, with or without notice, as a result of your breach 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 PLUS" S.R.L. may provide you with advance notice of its intent to terminate your services. Any fees paid hereunder are non-refundable, and any fees owed to "PQ HOSTING PLUS" S.R.L. prior to such termination shall be immediately due and payable, including any obligations that may have been incurred prior to termination, such as PQ HOSTING PLUS" S.R.L.'s costs of collection (including attorneys' fees) of any such fees or other obligations. Upon termination, all rights granted to the customer by this agreement will immediately terminate and the customer must immediately cease all use of the services. If you wish to terminate your account, you may do so by following the instructions under "cancellation procedure" below. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including but not limited to user content licenses, proprietary provisions, disclaimers of warranties, indemnification and limitations of liability.

Cancellation Procedure.

Account termination will require valid proof of account ownership. This includes, but is not limited to, a payment password or account passphrase created by customers. Unsecured information such as a contact email address or account payment address is not sufficient for security verification. "PQ HOSTING PLUS" S.R.L. cannot schedule cancellation requests. The customer is responsible for any fees incurred for services to the customer unless a formal request for cancellation is submitted.

Please note that we store customer activity logs and personal data for at least 36 months. This is done in accordance with the law and in order to diagnose and eliminate possible problems that may arise in the future. This topic is discussed in our Privacy Policy under the articles "data storage" and "data security".

Finance

The invoice will be charged based on the selected service billing cycle. Billing dates are repeated on the day the account is opened.

Returns

We will provide refunds on a case-by-case basis based on our SLA. In the case of a return of unused funds, the refund amount is equal to the amount of unused funds in the account minus the commission of payment systems for transferring funds.

Any violation of the terms of the service agreement of the company "PQ HOSTING PLUS" S.R.L. does not entail a refund.

Refunds on Credit Cards

The fee for refunding funds by credit card is equivalent to the fee for transferring funds by payment systems. The initial fee and fine must be paid immediately to ensure that services remain online and available. If a customer or anyone paying on their behalf has used a credit card to pay for services resulting in 2 or more chargebacks, this will result in the credit card payment privileges being revoked (full payment will be made by money order or bank transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in an error, provided supporting documentation is provided. If a credit card was used to pay more than one customer invoice, resulting in multiple chargebacks, a chargeback fee will be charged to each account. Chargebacks received are reversed from the customer's account, leaving the balance due immediately. Unpaid balances are subject to the Unpaid Fees and Overdue Accounts Policy and may result in service suspension or account termination (if the account is closed, all information on the account will be deleted).

Responsibility for Automatic Payments

When a client creates an automatic payment profile to automatically pay for the services of "PQ HOSTING PLUS" S.R.L., the client is responsible for canceling this profile when he no longer wishes to use this payment method for the services of "PQ HOSTING PLUS" S.R.L.. "PQ HOSTING PLUS" S.R.L. is not responsible for processing or returning a payment that was received for a non-existent or disabled service.

Opening a dispute with the payment system

Please note that "PQ HOSTING PLUS" S.R.L. reserves the right to immediately terminate all dispute-related accounts and services without refund if we deem your open dispute with a payment processor for a refund of monies paid for "PQ HOSTING PLUS" S.R.L. services to be an abuse of the payment processor (in the event of termination, all information within the account will be deleted).

In case of non-fulfillment by the client

(Disconnection of services due to late payment). All invoices are generated 7 days before the payment date. If the client does not pay the invoice within 3 days after the missed payment date of that invoice, "PQ HOSTING PLUS" S.R.L. reserves the right to disconnect the service without further notice. If services are disconnected due to non-payment, the client must pay all overdue payments up to the date of service disconnection in order to reconnect the service.

PQ HOSTING PLUS S.R.L. remedy for default; rescission of contract.

In addition to all rights and remedies granted to "PQ HOSTING PLUS" S.R.L. in these terms of service (including, but not limited to, the right to charge and collect late fees), upon the occurrence of an event of default, "PQ HOSTING PLUS" S.R.L. shall have the right to (a) terminate the services to Customer without notice to Customer, (b) after not less than (15) days, terminate the services to Customer, all at Customer's expense. In the event of such termination, Customer shall promptly pay PQ HOSTING PLUS" S.R.L. all fees and other amounts due and owing for services rendered up to and including the effective date of termination.

Legislation

Regulatory Acts

"PQ HOSTING PLUS" S.R.L. acts in accordance with the laws of the countries where it hosts its servers within the scope of the action of a particular server in a particular location.

Dispute Resolution

If any dispute between PQ HOSTING PLUS S.R.L. and the client is not settled by negotiation, it shall be arbitrated by the Arbitration Court in accordance with the legislation in force, respecting the rules of jurisdiction. Each party shall bear its own costs and legal fees for the arbitration tribunal. The trial shall be held in the Arbitration Court, unless both parties have agreed in writing on a different location. Any threat of legal action against "PQ HOSTING PLUS" S.R.L. may result in immediate disconnection of all services provided to you.

Compensation

Customer agrees to indemnify and hold harmless PQ HOSTING PLUS S.R.L., its subsidiaries, its affiliates and each of their respective directors, officers, employees, shareholders and agents (each, an "Indemnified Party") from any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs related thereto (collectively, "Losses") that may be incurred by the Indemnified Party and that arise out of or relate to the Agreement, Customer's use of the Products and Services, breach of any obligation of confidentiality, breach of any

Limitation of damages or liability

Except as described in the SLA, "PQ HOSTING PLUS" S.R.L. shall not be liable to the client for damages caused by or related to the client's services or the inability to use the services, unless caused by willful misconduct. "PQ HOSTING PLUS" S.R.L. shall not be liable to the client for lost profits, indirect, special or incidental, consequential or punitive damages. Notwithstanding anything else in these terms and conditions or the service agreement, the maximum aggregate liability of "PQ HOSTING PLUS" S.R.L. AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW, SHALL NOT EXCEED THE AVERAGE MONTHLY FEE IT HAS COLLECTED ON ITS ACCOUNT. Except as provided in this Terms of Service Agreement, PQ HOSTING PLUS S.R.L. provides all products and services "as is" without warranty of any kind, express or implied, and disclaims all implied warranties, including, but not limited to, implied warranties of merchantability for a particular purpose. Customer is solely responsible for the selection, use and suitability of any product and service, and PQ HOSTING PLUS S.R.L. assumes no liability related to the rejection of services. CLIENTS ARE RESPONSIBLE FOR ENSURING THE SECURITY OF THE SERVERS.

Promotional use

"PQ HOSTING PLUS" S.R.L. may refer to you, your company or your logo for promotional purposes. Your company name, logos and services that have been provided to a client by "PQ HOSTING PLUS" S.R.L. may be used in promotional materials, advertising, marketing releases, newsletters, public disclosures and on the "PQ HOSTING PLUS" S.R.L. website. The link will be strictly limited to disclosure that PQ HOSTING PLUS" S.R.L. has provided services to the company and will not contain any confidential, privileged or private information in such link. The link will also not contain any personal information about the identity or technical information regarding the configuration and design of the server used by the customer with "PQ HOSTING PLUS" S.R.L.. However, PQ HOSTING PLUS S.R.L. may disclose any information requested by law enforcement authorities or as required by court, applicable law or regulation.

General

Terms of service are subject to change without notice. Content that does not meet these standards may be removed without prior notice to the customer.

These Terms of Service are a legally binding contract between the client and PQ HOSTING PLUS S.R.L..

By opening an account, the client agrees to the above terms and conditions.

Anything not stated in the Terms of Service may be interpreted and modified by the administrators of "PQ HOSTING PLUS" S.R.L. without prior notice.

Any violation of these Terms of Service will result in account termination. "PQ HOSTING PLUS" S.R.L. reserves the right to terminate accounts without prior notice.

Any work or professional services performed or provided by "PQ HOSTING PLUS" S.R.L.. Pursuant to this Agreement, shall not be considered employment.

In the event that a customer is blocked for violating one or more of "PQ HOSTING PLUS"" S.R.L.'s terms of service, ""PQ HOSTING PLUS"" S.R.L. reserves the right to deny access and/or destroy customer data stored on the offending server or account.

You are responsible for all actions performed by your account, whether they were performed by you or by others.

Any customer, after ordering their first server through billing - must confirm their email.

All subnets of "PQ HOSTING PLUS" S.R.L.. And all dedicated servers must adhere to the above policies.