Terms of Service

The Gist

We (the folks at Pilvia Ltd (“Pilvia”)) run a website hosting platform called pilvia.com and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. Also do not use our service as a way to make money on pornographic content. For example, don’t create sites that contain ads for or links to porn sites.

If you find a pilvia.com/ website that you believe violates these Terms of Service, please report the page to us at [email protected].

Terms of Service

The following terms and conditions (“Terms”) govern all use of the pilvia.com/ website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pilvia’s Privacy Policy, Security Policy and Cookie Policy) and procedures that may be published from time to time by Pilvia (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Pilvia, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a pilvia.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your passwords secure.

1. Your pilvia.com Account and Websites you create

If you create a website on pilvia.com, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify Pilvia of any unauthorized uses of your account, or any other breaches of security. Pilvia will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You as a website owner are also responsible for the visitors personal data privacy on your site. You should be aware what data your site collects, how it collects it and how it is kept safe. As seen from GDPR (EU General Data Protection Regulation) point of view you are a data controller and Pilvia is a data processor of your site.

2. Responsibility of Contributors

If you operate a website or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using pilvia.com, you represent and warrant that your Content and conduct do not violate these terms.

By submitting Content to pilvia.com for inclusion on your website, you grant pilvia.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Pilvia to make publicly-posted content available to third parties selected by Pilvia so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Pilvia will use reasonable efforts to remove it from pilvia.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Pilvia has the right (though not the obligation) to, in Pilvia’s sole discretion, (i) refuse or remove any content that, in Pilvia’s reasonable opinion, violates any Pilvia policy or is in any way harmful or objectionable, or (ii) serving website is taking unreasonable amount of resources, or (iii) terminate or deny access to and use of pilvia.com to any individual or entity for any reason. Pilvia will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal

3.1 General Terms

Sites created at pilvia.com will start to cost when they are published or switched to “Live” mode. When published the use of custom domain is allowed with the site. Costs depends on pricing plans and terms currently available. Pilvia reserves the right to change the terms and the prices of these plans at any time. We will inform customers beforehand about future price changes.

Optional paid services such as domain purchases are available (any such services, an ”Upgrade”). By selecting an Upgrade you agree to pay Pilvia the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.

3.2 Automatic Renewal

Unless you notify Pilvia before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

4. Responsibility of Visitors

Pilvia has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Pilvia does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pilvia disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which pilvia.com links, and that link to pilvia.com. Pilvia does not have any control over those non-pilvia.com websites, and is not responsible for their contents or their use. By linking to a non-pilvia.com website, Pilvia does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pilvia disclaims any responsibility for any harm resulting from your use of non-pilvia.com websites and webpages.

6. Third Party Services.

You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.

If you use any Third Party Services, you understand that:

• Third Party Services are not vetted or controlled by Pilvia.
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
• Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
• Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
• If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

7. Copyright Infringement and DMCA Policy

As Pilvia asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by pilvia.com violates your copyright, you are encouraged to notify Pilvia. Pilvia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pilvia will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pilvia or others. In the case of such termination, Pilvia will have no obligation to provide a refund of any amounts previously paid to Pilvia.

8. Intellectual Property

This Agreement does not transfer from Pilvia to you any Pilvia or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Pilvia. Pilvia, pilvia.com, the pilvia.com logo, and all other trademarks, service marks, graphics and logos used in connection with pilvia.com or our Services, are trademarks or registered trademarks of Pilvia or Pilvia’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Pilvia or third-party trademarks.

9. Domain Names

We work with third-party registrars in order to provide our users with domain name services. When you register a domain name on pilvia.com, or when you renew or transfer an existing domain name on pilvia.com, you become bound by those registrar’s terms and conditions in addition to our Terms. Depending on the TLD you choose, you are bound by the Realtime Register B.V. Registration Agreement or in case of FI domains Finnish Communications Regulatory Authority.

Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.

10. HTTPS

We offer free HTTPS on all pilvia.com sites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain on pilvia.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.

11. Temporary Development Subdomains

Pilvia offers all sites a free unique subdomain for development use like “yoursiteid.demo.site”. This domain works even when your site has no other domain attached. Pilvia reserves right to change this domain address to another at any point. If we decide to change the domain we will inform you about it beforehand.

12. Advertisements

Pilvia does not display advertisements on your site.

13. Google G Suite

If you purchase a Google G Suite subscription, this section applies. Google G Suite are provided by Google, and your use of Google G Suite is subject to Google’s Terms of Use for the services, which you’ll accept prior to using Google Apps for the first time. Pilvia is an authorized reseller of Google G Suite, makes no warranties about the services provided by Google, and disclaims Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines. If you’re a business and purchase Google G Suite for your pilvia.com website, you represent that you have 749 or fewer staff members.

14. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

15. Termination

Pilvia may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your pilvia.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. Data Retention

Pilvia keeps pilvia.com user account data and sites you create for as long as you explicitly ask for removal. If you delete a site the backups of that site remain until the end of the backup cycle (Usually for 1 week). However, if we notice that you have unpublished site that have had no usage for a long time (3 months) we consider it as forgotten and may close the site.

17. Disclaimer of Warranties

Our Services are provided ”as is.” Pilvia and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pilvia nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

18. Limitation of Liability

In no event will Pilvia, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pilvia under this agreement during the twelve (12) month period prior to the cause of action. Pilvia shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

19. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Pilvia Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Finland or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

20. EU Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable EU Sanctions. Such use is prohibited, and Pilvia reserve the right to terminate accounts or access of those in the event of a breach of this condition.

21. Indemnification

You agree to indemnify and hold harmless Pilvia, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

22. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

23. Miscellaneous

This Agreement constitutes the entire agreement between Pilvia and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pilvia, or by the posting by Pilvia of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Finland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be Turku, Finland.