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The Terms of Service are the rules and regulations that set forth the guidelines for your use of the PinedCloud Services. Your use of our services is subject to this document. Read it carefully and make sure you understand and agree to all parts of it. Your use of the PinedCloud Services assumes that you agree to all terms and conditions!

Questions

Any questions regarding this document should be sent to Customer Support before signing up for any hosting service on PinedCloud including services for a trial period.

Terms of Service

PinedCloud provides web hosting for people and businesses around the world. We have a duty to protect each of our customers and provide them with the best possible services. The user of our services is obliged to use them taking into account the principles of “fair use”, i.e. they are obliged to use the services and resources of PinedCloud Operator in an economical way and for the intended purpose. The following guidelines are designed to assure our customers that PinedCloud’s services are of the highest quality. Please read this document carefully before placing an order and/or using PinedCloud services.

Regulations

The PinedCloud Hosting Terms of Service is a separate service agreement between PinedCloud and all Customers. Make sure you accept all the provisions of not only this document, but also the Terms of Hosting Services (agreement) in their entirety before registering for or using PinedCloud’s services. Contact our sales department if you need clarification or additional information.

Resource Use Policy

The PinedCloud Resource Usage Policy is an extension of the Terms of Service, providing more detailed rules for the use of hosting accounts. Make sure they are consistent with your expectations and that you accept all terms and conditions before signing a contract or before using PinedCloud services. Contact our sales department if you need clarification or additional information.

Content

All services provided by PinedCloud may only be used for lawful purposes. Transmission, storage, or presentation of any content, data, or material in violation of Polish law is prohibited. This includes, but is not limited to, material that is copyrighted, material that we judge to be threatening or obscene, or material that constitutes a trade secret, etc. Customer agrees to indemnify and hold PinedCloud harmless from any claim arising from Customer’s use of the Service that adversely affects Customer or others.

Note: Pornography and sex are prohibited on any PinedCloud server. This includes sites that may presume to publish sexual content, or links to adult content located on external servers. This also applies to sites that promote any illegal activity or content that may be harmful to PinedCloud servers or any other server on the Internet. Links to such material are also prohibited. Contact our sales department if you need clarification or additional information.

Examples of content not accepted by PinedCloud:

• pirated software
• pornography
• hacking / cracking
• warez and/or other copyrighted content such as MP3
• illegal materials under Polish law
• sites that contain material or links to material that may be considered harmful or threatening, such as information on the use of weapons, instructions on how to construct explosives, or anything else that may be considered harmful or illegal

PinedCloud will be the sole arbiter of what constitutes a violation of the above provision, and reserves the right to block or remove the site at any time for any reason without refund!

Copyright infringement

PinedCloud will respond to all infringement reports that are formatted in compliance with the Digital Millennium Copyright Act and other applicable copyright laws. Infringement notices that do not comply with this Act will not be considered. We will act in accordance with the DMCA when handling infringement reports.

Use of resources

If PinedCloud’s systems administration team determines that an account is using an unacceptable amount of system and server hardware resources it may temporarily disable that account. If PinedCloud support deems it necessary, they may issue an eviction notice to Customer regarding the affected account giving Customer seven (7) days to change to a plan that provides adequate resources (PinedCloud support will recommend such plans) or order a dedicated server service and move the problematic account there. Otherwise, the customer will be obliged to find another hosting provider. These are extreme cases, and PinedCloud will do everything possible to help the Customer solve the problem.

PinedCloud will be the sole arbiter of violations of this provision. Due to the nature of this provision, each account will be considered and analyzed individually. See also the Resource Use Policy.

Backups

PinedCloud performs nightly backups of shared and reseller servers, however these backups are for PinedCloud administrative purposes only, and are not guaranteed under any circumstances! Customers are responsible for maintaining copies of their data on their personal computers. PinedCloud does not provide any compensation for lost or incomplete data in the event that backup procedures do not work properly (even if the failure was due to PinedCloud’s negligence).

PinedCloud may or may not provide Customers with access to the latest backup from the admin panel which will allow the Customer to restore their account data independently and free of charge. Accounts whose capacity exceeds 10 GB are excluded from the backup schedule.

We will do our best to provide complete and accurate backups, but we are not responsible for any failure to do so. Always keep copies of your site on your own computer! We make no guarantees about the availability of backups.

Unsolicited email (spam)

Spamming or sending unsolicited email from any PinedCloud server or providing a return email address in such a mailing that is hosted on a PinedCloud server is prohibited. The use of spam to advertise a site hosted on the PinedCloud platform is also a violation of this provision. PinedCloud will be the sole arbiter of determining a violation of this provision. Sites/hosting accounts found to be in violation of our anti-spam policy will be immediately disabled without refund.

We reserve the right to charge anyone who intentionally sends spam via our servers with a fine of 200 PLN/hour for server cleanup and any activity related to removing the effects of the spam sent.

Help us stop spam and fight it effectively! Please write to our Abuse department as soon as you notice a violation of our anti-spam policy: abuse@pinedcloud.com.

PinedCloud Support protection

At PinedCloud, we always treat our customers with the utmost respect. In return, we expect the same from you. If our employees feel they are being mistreated, humiliated or insulted, your account may be blocked, and we may ask you to transfer your services to another provider. In the case of abusive treatment of PinedCloud support staff, Customers are given ten (10) days to find a new provider. Any refund of unused funds associated with the hosting service will be considered on a case-by-case basis in this situation.

Protecting servers, PinedCloud and clients

Any attempt to impugn the reputation of or cause damage to PinedCloud, any server or any PinedCloud Customer is strictly prohibited.

PinedCloud will be the sole arbiter of violations of this provision. Accounts in violation of this provision are subject to immediate blocking without refund. PinedCloud will share all available information about the abuse, including Customer contact information, with the appropriate authorities.

Failure to comply with the Terms of Service policy

Failure to fully comply with the above terms and conditions is grounds for account suspension and/or removal (without refund). All customers with hosting accounts and/or servers hosted on the PinedCloud network must adhere to the above rules.

We reserve the right to delete your account, without notice. If we terminate your account for policy violation, you will forfeit your right to a refund.

Our standard policy is to send you a warning the first time you violate the policy and remove your account the second time you violate the policy, but a warning is not required.

PinedCloud reserves the right to block and remove any site hosted on our servers that contains content that PinedCloud, in its sole discretion, deems unacceptable, undesirable or contraindicated.