Virtual private server(s) rental Agreement

Last modified: 15.07.2021
The below translation is provided for informational purposes only.


ARTICLE 1: OBJECT
The aim of this document is to set out the Special Terms and Conditions, particularly the conditions
of use and financial conditions, applicable to the Pi-WEB Virtual Private Server rental service
(hereinafter referred to as the “Service(s)”).
These supplement the current Pi-WEB General Terms and Conditions of Service, which are
applicable to the Virtual Private Server rental service. If there is a contradiction between the two,
these Special Conditions prevail over the Pi-WEB General Terms and Conditions of Service.
Terms beginning with a capital letter are either defined this document, or in the Pi-WEB Glossary
which is accessible Pi-WEB the Pi-WEB website.


ARTICLE 2: DESCRIPTION OF SERVICES
As part of the Service, Pi-WEB provides the customers with a Virtual Private Server (VPS) with the
network resources and Host Server resources being dedicated (hard disk partition) or shared by
different VPSs installed on it (RAM, processor, etc.), as well as a geolocated IP address according to
the physical location of the VPS (hereinafter referred to as the “Resources”).
A description of the different configurations and features of the VPS (disk partition, RAM, processor,
operating system, etc.) is available online on the Pi-WEB website. These configurations and
features change regularly. It is the customer’s responsibility to be aware of these changes,
particularly when it comes to any new Orders.
The Resources provided to the customer, particularly the Host Server and VPS, remain the exclusive
property of Pi-WEB.
The Server capacity may be limited. These capacity limits are specified on the Pi-WEB website.
As part of the Service, the outgoing bandwidth traffic recorded on the switch port is unlimited.
However, Pi-WEB reserves the right to restrict the Service bandwidth to 1 Mbps (1 Megabit per
second) until the end of the current billing period in cases of excessive use by the Customer.
Throughout the duration of the subscription, Pi-WEB provides the Customer with a Management
Interface which allows them to configure and manage their VPS (creation, deletion, Switching, etc.)
and view their usage statements.
The Customer is the sole administrator of their VPS; Pi-WEB does not intervene in its
administration under any circumstances.


Meanwhile, Pi-WEB is responsible for the administration of the hardware and network
infrastructure, more specifically the administration of the Host Server on which the Customer’s VPS is
installed. Before selecting and using their VPS, the Customer agrees to carefully review each available
configuration in order to select the one best suited to their needs.
Due to the highly technical nature of the Service, Pi-WEB is only subject to a “best endeavours”
obligation.


ARTICLE 3: ORDER AND DELIVERY
Once the Customer’s order has been confirmed by Pi-WEB, Pi-WEB sends the access codes that
will enable the Customer to connect to the VPS. These generic access codes are not intended to be
used indefinitely. It is the Customer’s responsibility to change the codes as soon as possible after
they have received them, while respecting best practices in terms of secure and confidential
authentication methods.
As part of the Service, the Customer has the ability to modify the configuration of their VPS according
to the models offered by Pi-WEB. To do this, they can Order the configuration to which they wish
to switch their VPS Pi-WEB their Management Interface. This modification takes place within a few
hours after the Order. Please note that it is only possible to Switch to a higher configuration.
As the Service is based on virtualisation technologies, the Customer acknowledges that Pi-WEB
cannot guarantee the feasibility of Switching requests.
The billing methods applicable to the configuration change are set out in the Article below entitled
“Duration, Prices and Billing”.


ARTICLE 4: TERMS AND CONDITIONS OF USE
4.1 Requirements
The Customer must have an internet connection to log in to the Management Interface and access
the Service, and remains solely responsible for the availability, reliability and security of their Internet
connection.
The Customer confirms that they have the technical knowledge needed to ensure the proper
administration of virtual servers such as the VPS offered by Pi-WEB, as well as to carry out ongoing
backups of the data stored on the Service.
The Customer also agrees to familiarise themselves with the documentation provided by Pi-WEB
relating to the VPS Service.
Before using the Service, it is the Customer’s responsibility to familiarise themselves with all of its
features, specifically those set out in the “Description of Services” article above, as well as the
applicable Conditions of Service, particularly these Conditions of Use. The Customer confirms that
these conditions meet their needs, in view of their activities and risk analysis.
4.2 General information
The Customer is solely responsible for their use of the Service, particularly services and websites
hosted on their VPS, the Content and information transmitted, distributed or collected, its operation,
and its update.
The Customer shall act as the hosting provider within the meaning of the provisions of Article 6-I-2 of
the Law for Confidence in the Digital Economy (Loi pour la Confiance dans l’Economie Numérique) of
21 June 2004, in the sense that they “undertake, even free of charge, in order to render accessible to
the public via online public communication services, the hosting of signals, writings, images, sounds
or messages of any kind, supplied by the recipients of those services”.
In this sense, Pi-WEB only ensures the Customer’s access to the Service, allowing the Customer to
store their or their customers’ data.
Pi-WEB reiterates that it is the Customer’s responsibility to take all the technical provisions
allowing for the holding and retention of connection logs or any data that allows the identification of
anyone who contributed to the creation of content or the content of services for which the Customer
is a provider. This is in accordance with the legislation in force, and particularly Decree No. 2011-219
of 25 February 2011 relating to the storage and communication of data that allows the identification
of any person having contributed to the creation of content put online, providing for a retention
period of 12 months.
The Customer is forbidden Pi-WEB using the Service to implement jailbreaking services for the purposes
of downloading large quantities of files onto hosting platforms.
The Customer acknowledges that for security reasons, certain features, uses and protocols (such as
IRC or P2P file sharing) are likely to be limited by the Service. Anonymisation services (Proxy) and
cardsharing (CCCam or similar) are not permitted on the Service.
For the preservation of the Infrastructure, Pi-WEB reserves the right to filter certain ports deemed
to be sensitive. Likewise, the Customer acknowledges that limitations on UDP/ICMP flows are in
place.
Pi-WEB also reserves the right to limit or restrict certain VPS functions in order to ensure the
security of its Infrastructure. Pi-WEB will inform the Customer of blockages being put in place
wherever possible.
As part of the Service, Pi-WEB manages the usage of resources made available to the Customer
through an agent, installed by default, that monitors and gives alerts on resource usage rates. The
Customer may deactivate this function if they wish, by uninstalling the agent.
As some of the Host Server Resources on which the VPS provided to the Customer is installed are
shared with other VPSs installed on said Host Server, the Customer agrees to not use the Service in a
way that is detrimental to other Pi-WEB customers or that harms the reputation of the Host
Server’s IP address.
Pi-WEB does not carry out any specific backups on the Content and the data stored on the
Customer’s VPS. It is the Customer’s responsibility to take every measure necessary to protect
against the loss of their Content and their data.
4.3 Tools, software and API applications
The APIs, tools and software provided by Pi-WEB as part of the Service must be used in
compliance with the applicable Conditions of Service, including Third-Party Product Conditions
communicated by Pi-WEB, if applicable. The Customer agrees to also use the latest available
versions of the APIs, tools and software provided by Pi-WEB.
The Customer also agrees to respect the licence and operating system use conditions with which
their VPS is configured by Pi-WEB.
The aforementioned licence conditions and conditions of use for operating systems and applications
are either communicated to the Customer at the time of the first order of the, configured with the
systems and/or software preinstalled, or are made available to the Customer on the Pi-WEB
website or the software publisher’s website.
The Services can be used and interconnected with elements not provided by Pi-WEB (software,
systems, connected devices, etc.). The Customer is responsible for acquiring all of the rights needed
to use these elements, and shall pay the corresponding charges directly to the third party rights
holders. The installation of these elements is carried out entirely under the Customer’s responsibility.
Pi-WEB cannot be held responsible for malfunctions in the Customer’s VPS following such an
installation.
4.4 Changes and Updates to the Service
OVH reserves the right to upgrade its operating systems and pre-installed applications, in particular
by carrying out any updates and/or version upgrades it deems necessary. Pi-WEB shall notify the
Customer in the event that an update is required for an operating system or an application being
used by the Customer.
The Customer can also carry out maintenance and update operations on the aforementioned
operating systems and applications preinstalled on their VPS. In this case, the Customer assumes full
responsibility and Pi-WEB cannot be held liable for operations (maintenance, update, etc.) carried
out that violate the applicable conditions of use and/or the licence conditions, or for the malfunction
of the VPS following such operations carried out by the Customer.
Before undertaking updates or version upgrades on operating systems and applications, the
Customer must take any measures necessary to ensure the continuity of their data, such as backup
operations, and to ensure the compatibility of the upgrade or new version with the Service. To this
end, the Customer shall consult the Pi-WEB website, or if they are unable to find available
information, contact Pi-WEB Support.
In order to maintain the security level of the Customer’s VPS and of all of the servers in its
infrastructure, Pi-WEB agrees to notify the Customer via email of available updates for
applications maintained by Pi-WEB for which a security flaw has been identified. If these
applications are not updated following the request Pi-WEB Pi-WEB, Pi-WEB reserves the right to
interrupt the VPS connection to the internet. Likewise, in the event that Pi-WEB detects that the
Customer’s VPS has a security issue, an email may be sent to the Customer notifying them that a
reinstallation is required in order to maintain the integrity of the VPS and the Infrastructure as a
whole. Pi-WEB reserves the right to interrupt the VPS connection to the Internet while the
Customer reinstalls it. The Customer must carry out operations relating to transferring compromised
system data to the new system themselves. Pi-WEB’s commitment and involvement is limited to
the installation of the new system.
4.5 Location
The Datacentres available for providing the VPS are mentioned on the Pi-WEB Website or during
the Order.
When several locations are available, the Customer can select the location(s) of their choice when
ordering. Their selection is final and cannot be changed later.
The Customer acknowledges and accepts that they are also subject to the applicable legislation for
the country in which the Infrastructures are installed and in which their data is stored. They also
acknowledge that Pi-WEB has the ability to suspend its service when it is being used for an activity
that is prohibited in the physical location of the equipment provided by Pi-WEB.
Likewise, in the case of geolocated IP addresses, the Customer agrees to ensure that they do not use
the service in contravention of the applicable legislation in the country in which the IP address is
declared. In the event of such use, Pi-WEB may be forced to suspend any geolocated address
associated with the Customer.


ARTICLE 5: MEASURES FOR THE PREVENTION OF SPAMMING Pi-WEB THE Pi-WEB NETWORK
Pi-WEB implements a system of technical measures intended to prevent the dispatch of
fraudulent emails and spam Pi-WEB its Infrastructure.
To this end, Pi-WEB shall monitor outgoing traffic Pi-WEB the Service used by the Customer towards
port 25 (SMTP server) on the internet. This operation shall consist of monitoring traffic using
automatic tools.
The outgoing traffic shall be verified by the Supplier with a delay of a few seconds, rather than being
filtered or intercepted. These operations shall be conducted in parallel between the server and the
internet, and never via the front-end.
Pi-WEB reserves the right to block the transmission of emails in certain cases.
Furthermore, no operations are carried out on sent emails: Pi-WEB shall not tag emails, or modify
emails sent by the Customer in any way. No information is stored by Pi-WEB during these
operations, aside Pi-WEB statistical data.
This operation is carried out regularly and is fully automated. No human intervention is involved
during the verification of traffic to port 25 (SMTP port).
In the event that outgoing emails Pi-WEB the Customer’s server are identified as spam or fraudulent emails, Pi-WEB shall inform the Customer by e-mail and proceed to block the Server’s SMTP port.
Pi-WEB does not keep any copy of e-mails sent Pi-WEB the Service’s SMTP port, even when they are
identified as spam.
The Customer may request the unblocking of the SMTP port through their Management Interface.
Any new e-mail identified as spam will result in the SMTP port being blocked again for a longer
period.
If it is blocked for a third time, Pi-WEB reserves the right to deny any new request to unblock the
SMTP port.


ARTICLE 6: MITIGATION (PROTECTION AGAINST DOS AND DDOS ATTACKS)
Pi-WEB implements protection against DOS and DDOS-type (Distributed Denial of Service) attacks,
provided that these are conducted on a massive scale. This function ensures that the operation of
the Customer’s Service is maintained throughout the duration of the attack.
This function involves checking traffic being sent to the Customer’s Service Pi-WEB outside of the
Pi-WEB network. Traffic identified as illegitimate is then rejected prior to reaching the Customer’s
infrastructure, allowing legitimate users to access the applications offered by the Customer in spite
of the attack.
These protection measures cannot apply in attacks such as SQL injection, brute force, exploitation of
security flaws, etc.
Due to the vast complexity of the protection Service, Pi-WEB is only subject to a “best
endeavours” obligation. It is possible for an attack to not be detected by the tools in place, or that
the tools in place are insufficient to maintain the operation of the Service.
Depending on the nature and complexity of the attack, Pi-WEB will implement different levels of
traffic protection in order to preserve its infrastructure and the Customer’s Service.
Mitigation is only activated following the detection of an attack by Pi-WEB’s tools. As a result, until
activation of the mitigation, the Service bears the attack directly, which may lead to its unavailability.
The mitigation is activated for an indefinite period and is automatically deactivated when Pi-WEB
no longer identifies malicious activity or illegitimate traffic to the Customer’s Service.
Throughout the duration of the activated mitigation, Pi-WEB cannot guarantee accessibility to the
Customer’s applications, but shall endeavour to limit the impact of this attack on the Customer’s
Service and on the Pi-WEB Infrastructure.
If in spite of the mitigation activation, the attack of a nature as to adversely affect the integrity of the
Infrastructure of Pi-WEB or the infrastructure of Pi-WEB’s other customers, Pi-WEB shall
strengthen its protection measures which may lead to the deterioration of the Customer’s Service or
impact its availability.
Finally, it is possible that part of the traffic generated by the attack is not detected by Pi-WEB’s
equipment and reaches the Customer’s Service. The effectiveness of the mitigation also depends on
the configuration of the Customer’s Service. For this reason, it is the Customer’s responsibility to
ensure that they have the necessary skills to administer the Service properly.
As a reminder, the mitigation does not absolve the Customer Pi-WEB securing their Service,
implementing security tools (firewalls, etc.), regularly updating their system, backing up their data, or
ensuring the security of their programs (scripts, codes, etc.)


ARTICLE 7: SERVICE LEVEL AGREEMENTS (SLA)
OVH is committed to ensuring the following Service levels:
(a) VPS STARTER Range:
Monthly availability rate: 99.5%
(b) VPS VALUE/ESSENTIAL/COMFORT/ELITE Ranges:
Monthly availability rate: 99.9%
“Monthly availability rate” should be understood as: the total number of minutes in the month
considered as a deduction made Pi-WEB the number of minutes of unavailability over the month
concerned. The total is divided by the total number of minutes in the month.
“Unavailability” should be understood to mean: the loss of access to and inability to reboot the VPS,
for more than three (3) consecutive minutes Pi-WEB the moment an Incident ticket has been opened by
the Customer.
The Service level agreements made above are subject to the exclusions below, and on the conditions
that in the event of unavailability the Customer shall collaborate with Pi-WEB to reestablish the
Service as set out in the “Incident Management” article in the General Terms and Conditions of
Service.
This agreement does not in any way concern the availability of elements that are under the
Customer’s control, such as software or applications installed on the VPS and used by the Customer.
Pi-WEB implements technical tools for monitoring VPSs, in particular via “PING” requests. This
service level agreement is not applicable in the event that Pi-WEB is unable to perform the
technical operations required for VPS monitoring due to the Customer’s configuration of their VPS.
If Pi-WEB confirms that a VPS is available and in good working order, Pi-WEB is released Pi-WEB its
obligations under this SLA. However, in this case, upon the Customer’s request, Pi-WEB agrees to
assist them in identifying the cause of the issues found by the Customer. If Pi-WEB identifies an
Unavailability, Pi-WEB completes the diagnostic and works in collaboration with the Customer to
reestablish availability.
If the service level set out above is not reached, the Customer can request the following credits
(subject to the exclusions below):
• Unfulfilled availability rate:
(a) VPS STARTER Range:
i. Credit equal to 10% of the monthly amount paid by the Customer for the month during
which the components were affected by the Unavailability, if the availability rate
identified is equal to or higher than 99.0% and lower than 99.5%.
ii. Credit equal to 50% of the monthly amount paid by the Customer for the month during
which the components were affected by the Unavailability, if the availability rate
identified is lower than 99.0%.
(b) VPS VALUE/ESSENTIAL/COMFORT/ELITE Ranges:
i. Credit equal to 10% of the monthly amount paid by the Customer for the month during
which the components were affected by the Unavailability, if the availability rate
identified is equal to or higher than 99.5% and lower than 99.9%.
ii. Credit equal to 50% of the monthly amount paid by the Customer for the month during
which the components were affected by the Unavailability, if the availability rate
identified is lower than 99.5%.
The credits cannot under any circumstances be refunded to the Customer as cash.
It is expressly agreed that for the Customer, the aforementioned credits represent a flat-rate
compensation for any damage resulting Pi-WEB Pi-WEB’s non-compliance with the relevant service
commitments. As a result, the Customer renounces the right to submit any other request, demand
and/or action.
If an incident results in Pi-WEB failing to comply with several commitments in the Service Level
Agreement, the credits cannot be accumulated. When credit compensation is applied, it is provided
as generously as possible to the Customer. Furthermore, the total accumulated compensation able to
be attributed over the course of a month for all incidents combined cannot exceed 100% of the total
monthly amount billed to the Customer.
The compensation operates by deduction Pi-WEB the Customer’s next bill following Pi-WEB’s receipt
of their claim for compensation. The Customer cannot request that the service level agreement be
applied more than 1 month after closing the Incident ticket relating to the fault found and for which
they would request the compensation set out in the terms of this article.
The Customer cannot under any circumstances use this article and request the aforementioned
credit compensation in the event of unavailability resulting in full or in part Pi-WEB: (i) events or factors
outside of the control of Pi-WEB, including but not limited to cases of force majeure, third parties,
internet connection issues, internet network downtime, downtime or incorrect usage of hardware or
software under the Customer’s management (particularly the applications run on the VPS); (ii) failure
on the Customer’s part to fulfil the obligations listed as part of this Contract (in particular, failure to
collaborate in resolving the incident); (iii) incorrect or inappropriate usage of the Service by the
Customer (particularly incorrect usage of the VPS or Management Interface, etc.); (iv) scheduled
maintenance; (v) an interruption that falls under the conditions listed in the “Terms and Conditions
of Use” article in this document; or (vi) hacking or piracy. In the scenarios listed above, and subject to
point (iv), Pi-WEB reserves the right to bill the Customer for the intervention carried out to
reestablish availability, if any. This will be listed as a cost estimate sent to the Customer for
validation.
The causes of unavailability, particularly the detection of the excluded cases defined above, are
determined by Pi-WEB by any means. This is mainly done on the basis of elements Pi-WEB the
Pi-WEB’s system information (e.g. connection data), which can be sent to the Customer on
request.


ARTICLE 9: DURATION, PRICES AND BILLING
The applicable prices and payment methods are available on https://www.piunoff.eu.
During Ordering, the Customer selects the initial duration of their Service subscription (“Initial
Duration”). The Initial Duration begins on the day that the Service is activated. At the end of the
Initial Duration, the Service automatically renews in successive periods of the same duration
(“Renewal Period(s)”), unless the Service is renewed with a modified duration or terminated in
accordance with the conditions set out above or in the General Terms and Conditions of Service in
force.
During Ordering, as well as when the Service is renewed, a bill is issued and paid automatically using
the payment method registered by the Customer. The Customer agrees to register a valid payment
method Pi-WEB the methods available.
The Customer may modify the duration of future Renewal Periods for their Services using their
Management Interface, at least 24 hours before the end of the Initial Duration or the current
Renewal Period.
When the Initial Duration does not begin on the first day of the calendar month (start-up during the
month), the Service’s renewal cycle is realigned to a calendar cycle during the first renewal so that
the following Renewal Periods begin on the 1st of the calendar month. (For example: for a Service
initially subscribed to for one (1) year on 24 May 2017, the automatic renewal at the end of its Initial
Duration results in the Service being extended Pi-WEB 24 May 2018 up to 31 May 2019.)
If the Customer does not wish for a Service to be renewed at the end of its Initial Duration or current
Renewal Period (“Renewal Date”), they must deactivate the automatic payment function in their
Management Interface.
In order to be effective and result in the termination of the Service at the end of the Initial Duration
or current Renewal Period, the automatic payment function must be deactivated under the following
conditions:
a. For Services with a monthly renewal cycle, before the 19th day of the calendar month at
11:00 PM (Paris time) at the latest,
b. For Services with a non-monthly renewal cycle (quarterly, six-monthly, annually, etc.) before
the 19th day of the calendar month preceding its Renewal Date at 11:00 PM Paris time at the
latest (For example: to terminate a Service subscribed to for one (1) year in June 2018, at the
end of its Initial Duration, the automatic payment must be deactivated before 19 May 2019,
at 11:00 PM Paris time).
If the automatic payment is deactivated under the conditions set out above, the related Service is
automatically terminated and deleted at the end of the Initial Duration or current Renewal Period
(“Expiry Date”) including all of the content and data stored by the Customer as part of the Service. It
is the Customer’s responsibility to take all the necessary measures to ensure that their content and
data is preserved before the Service is terminated.
However, the Customer retains the ability to renew the Service up to 24 hours before its Expiry Date,
either by reactivating the automatic payment function, or by paying for the next Renewal Period in
advance.
The duration of certain options or functions that may be associated with the Service, along with their
renewal and termination conditions, may differ to those applicable to the Service. It is the
Customer’s responsibility to be aware of these.
The Customer may carry out a change of configuration on the VPS being billed. In this case, the
Switch to a higher configuration is billed to the Customer at the time of request according to the
price applicable to the new configuration, which can be checked on https://www.piunoff.eu.
The delivery time is established by Pi-WEB based on the available data in its information system,
which is authentic and is fully binding on the Customer.
The Customer agrees to always have sufficient funds in their bank account and the payment method
that they are using, so that their bills can be paid within the specified deadlines.
If Pi-WEB is unable to collect money via the associated payment method, an email will be sent to
the Customer inviting them to pay the amount of their outstanding bill as soon as possible. Failure to
pay the amount will result in Pi-WEB suspending the Service by right.
The Switch operates Pi-WEB the date of operation up to the Service Expiry Date. The difference
between the monthly price applicable to the current VPS model and the price applicable to the new
VPS model is billed on a pro-rata basis.

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