Terms of Service

By accessing the deluxhost.net website or by ordering, activating or using a DeluxHost service, the customer declares that they have read, understood and accepted:

• these Terms of Service;
• the Service Level Agreement, where applicable;
• the Fair Use Policy;
• the Privacy Policy;
• the features and any specific conditions set out on the product page or in the order confirmation.

DeluxHost is a business owned by Matteo Martelloni, sole trader, VAT no. IT17734661006. Further company details are available on the "Legal notice" page of the website.

Taken together, these documents constitute the agreement between DeluxHost and the customer in relation to the services purchased.

In the event of a conflict, the Service Level Agreement shall prevail solely in respect of:

• the services covered by the availability commitment;
• the calculation of uptime and downtime;
• the exclusions from the uptime calculation;
• the procedures for requesting and granting service credits.

In all other matters, these Terms of Service shall prevail.

The content available on the deluxhost.net website, including text, graphics, logos, trade marks, visual elements, layouts, documentation and software, is the property of DeluxHost or of its respective licensors and is protected by applicable law.

The reproduction, modification, distribution, publication or commercial exploitation of such content is prohibited without the prior written authorisation of DeluxHost or of the relevant rights holder.

DeluxHost provides services to both consumers and business customers.

A consumer means a natural person who purchases the service for purposes outside their entrepreneurial, commercial, craft or professional activity.

A business customer means a natural or legal person who purchases the service in the course of their entrepreneurial, commercial, craft or professional activity.

Consumers retain all mandatory rights granted to them by the Italian Consumer Code and by applicable European legislation.

Where a provision of these Terms is incompatible with a mandatory right granted to the consumer, that right shall prevail in respect of the case concerned.

Certain services or offers may be reserved exclusively for business customers. Any such restriction is indicated on the product page, in the commercial offer or before the order is completed.

DeluxHost adopts commercially reasonable technical and organisational measures in order to meet the availability commitments set out in the Service Level Agreement.

Unless otherwise stated, the SLA applies to the following services:

• Game Server;
• VPS;
• VDS;
• Cloud services.

The SLA applies to Dedicated Servers only where such coverage is expressly stated on the product page, in the commercial offer or in the order confirmation.

The reference period, the calculation of uptime and downtime, the related exclusions and any service credits are governed by the Service Level Agreement.

The following are not normally included in the uptime calculation:

• scheduled maintenance work;
• emergency maintenance work;
• DDoS attacks and malicious traffic in the cases provided for by the SLA;
• acts, omissions, configurations or breaches attributable to the customer;
• problems caused by software, applications or systems managed by the customer;
• outages directly caused by datacentres, carriers or upstream providers, where these are beyond DeluxHost's reasonable control;
• suspensions applied in accordance with these Terms;
• force majeure events.

Where the availability commitment is not met, the customer may request the credit provided for by the SLA within the time limit and in accordance with the procedure set out in that document.

SLA credits are applied to future renewals of the service concerned and are not normally paid out in cash.

The voluntary granting of extensions, bonuses, discounts, additional resources or other forms of compensation does not constitute an admission of liability or of any breach of the SLA.

DeluxHost provides the services in accordance with the features set out in the relevant offer, in these Terms and in the applicable SLA.

The customer acknowledges that the nature of IT, hardware and network services does not allow operation to be guaranteed as constantly uninterrupted, error-free, free from vulnerabilities or compatible with any software and configuration.

No DDoS protection system can guarantee absolute mitigation against any type, volume, duration, protocol or technique of attack.

DeluxHost is not liable for problems caused by:

• the customer's software, applications or configurations;
• compromised credentials;
• failure to install updates;
• improper or abusive use of the service;
• errors by the customer or by persons authorised by the customer;
• third-party software, panels, licences or services;
• events beyond DeluxHost's reasonable control;
• the customer's failure to perform or verify external backups.

Save in cases of wilful misconduct or gross negligence, and without prejudice to the mandatory protections granted to consumers, DeluxHost's total liability for direct damages arising from the service concerned is limited to the amount actually paid by the customer for that service in the twelve months preceding the event giving rise to the claim.

To the maximum extent permitted by law, DeluxHost shall not be liable for:

• loss of profits or revenue;
• loss of customers;
• loss of business opportunities;
• loss of goodwill;
• business interruption;
• indirect, incidental or consequential damages;
• loss of data avoidable by means of adequate backups;
• damages arising from lawfully applied suspensions;
• damages caused by DDoS attacks or other external actions;
• damages caused by systems or suppliers not directly managed by DeluxHost.

This section does not limit any credits due under the SLA and does not exclude any liability that cannot be excluded or limited by law.

DeluxHost may amend these Terms of Service, the Service Level Agreement, the related policies and the features of the services where this is justified on technical, organisational, economic, regulatory, infrastructural, commercial or security grounds.

Changes may be made, by way of example, in the event of:

• changes in applicable legislation;
• requests or orders from the competent authorities;
• the introduction of new security measures;
• vulnerabilities, incidents or risks affecting the infrastructure;
• the need to prevent fraud, attacks or abuse;
• changes required by datacentres, carriers or upstream providers;
• changes to the hardware, network or systems used;
• variations in energy, hardware, network, licensing or supplier costs;
• the introduction, modification or discontinuation of products and features;
• the correction of errors, omissions, inconsistencies or ambiguities in the contractual documents;
• the need to improve the quality, stability or sustainability of the services.

Material changes affecting the rights, obligations or main conditions of the service are notified by email and/or through the client area with at least 30 days' prior notice.

Changes take effect from the date indicated in the relevant notice.

Where they concern prices, included resources or the main features of the service, changes normally take effect from the next renewal, save in the event of:

• a different agreement with the customer;
• a legal obligation;
• an urgent technical or security requirement;
• a change imposed by an upstream provider;
• the impossibility of maintaining the previous conditions.

A customer who does not accept a material change may disable automatic renewal or request termination of the service before the change takes effect.

Continued use of the service after the change has taken effect constitutes acceptance of the new conditions, to the extent permitted by law.

DeluxHost may apply changes with immediate effect and without prior notice where this is reasonably necessary in order to:

• comply with a legal obligation;
• comply with an urgent order of a competent authority;
• remedy a vulnerability or address a security incident;
• counter cyberattacks, fraud or abuse;
• protect the infrastructure, the data or other customers;
• comply with an urgent request from a datacentre, carrier or upstream provider;
• prevent the interruption, impairment or damage of the services;
• prevent unlawful or dangerous use of the infrastructure;
• correct material errors that do not substantially reduce the customer's rights;
• introduce non-material changes;
• introduce changes that are exclusively favourable to the customer.

Where reasonably possible, DeluxHost will inform the customer before the change is applied.

Where prior notice is not possible, DeluxHost will notify the change as soon as reasonably possible after it has taken effect.

Immediate changes must be limited to what is reasonably necessary to address the situation that gave rise to them.

Where an immediate change has a materially adverse effect on an ongoing service, the customer retains any mandatory rights provided for by law.

Price changes apply exclusively:

• to new orders placed after they take effect;
• to renewals occurring after they take effect.

DeluxHost does not retroactively change the price of a service period that has already been paid for.

Where a pricing change concerns a service with automatic renewal, the customer is informed before the new price is applied and may disable renewal.

Changes to the Terms of Service, the SLA and the related policies do not apply retroactively:

• to service periods already concluded;
• to events occurring before they take effect;
• to SLA credits already accrued;
• to claims already submitted;
• to payments relating to periods already purchased.

The applicable version is the one in force at the time the event occurs or the service period concerned begins.

Promotional prices are linked to the specific service for which they were granted and are not automatically transferable to other services, accounts or account holders.

Unless otherwise stated in the offer, a customer who purchases a service at a promotional price is entitled to at least one renewal at the same price, provided that the renewal takes place without interruption.

The promotional price may lapse in the event of:

• failure to pay by the due date;
• cancellation followed by a new order;
• transfer of the service to another account;
• material modification of the plan or configuration;
• breach of the specific conditions of the promotion;
• replacement of the service with a different product.

DeluxHost may subsequently change the renewal price in accordance with Section 6.

All services must be paid for in advance for the billing period selected.

A monthly billing period corresponds to 30 days, unless otherwise stated on the product page.

The billing period concerns solely the payment, expiry and renewal of the service. Uptime is calculated in accordance with the period provided for by the SLA.

Payments are processed by external providers. DeluxHost does not directly store full payment card data.

Renewal invoices are normally issued:

• 7 days before the due date for monthly and quarterly cycles;
• 30 days before the due date for semi-annual, annual or multi-year cycles.

The customer is responsible for checking the due date shown in the client area.

Where automatic renewal is enabled, DeluxHost may attempt payment using the method previously authorised by the customer.

The customer may disable automatic renewal from the client area before the next payment is processed.

Disabling automatic renewal does not cancel:

• payments already processed;
• invoices already paid;
• amounts already accrued;
• obligations relating to the current period.

For the customer's first order, excluding Dedicated Servers, licences, IP addresses and products expressly stated to be non-refundable, DeluxHost offers a commercial refund guarantee within 12 hours of activation.

The commercial guarantee may be used only once per customer.

A request may be refused where:

• the service has been used for abusive or prohibited activities;
• non-recoverable resources or performance have been consumed;
• products, licences or services have been purchased from third-party suppliers;
• the order is a renewal;
• the customer has already used the guarantee;
• the service has been transferred from another account;
• the account is involved in a payment dispute.

The 12-hour commercial guarantee is separate from any mandatory rights granted to consumers.

This section applies exclusively to customers qualifying as consumers.

The consumer may exercise the right of withdrawal within 14 days of the conclusion of the contract, in the cases and on the conditions provided for by applicable law.

Withdrawal may be communicated by means of an explicit statement sent through:

• a ticket from the client area;
• an email to the support address;
• any online withdrawal facility provided for by applicable law.

A consumer who wishes the service to be activated before the expiry of the withdrawal period must tick a separate, non-pre-ticked box during the purchase process.

By making that selection, the consumer:

• expressly requests that performance of the service begin immediately;
• acknowledges that the service will be activated before the expiry of the withdrawal period;
• accepts that, once the contract has been fully performed, they will lose the right of withdrawal;
• acknowledges that, in the event of withdrawal before full performance, they will be required to pay an amount proportionate to the service actually provided up to the time of withdrawal.

Activation, provisioning, allocation of resources or delivery of credentials do not, in themselves, result in the immediate loss of the right of withdrawal where the contract provides for a continuing performance that has not yet been fully performed.

The right of withdrawal is extinguished after full performance of the service, provided that performance began at the consumer's prior express request and with their acknowledgement of the consequent loss of that right.

All exceptions provided for by applicable law remain applicable.

Business customers do not benefit from the statutory right of withdrawal provided for consumers, save for any commercial guarantee expressly granted by DeluxHost.

Dedicated Servers are excluded from the 12-hour commercial refund guarantee.

The provision of a Dedicated Server may entail installation, configuration, procurement, licensing, activation and resource reservation costs incurred specifically for the customer.

Certain Dedicated Server offers may be reserved exclusively for business customers. Any such condition is indicated before purchase.

For Dedicated Servers purchased by consumers, any mandatory rights provided for by law remain applicable.

Where the consumer requests immediate activation, the conditions set out in Section 8.4 apply.

The service remains active until the expiry date and time shown in the client area.

Renewal must be paid in full by the expiry date of the service. If payment is not received by that deadline, the service is deemed not renewed.

From the expiry date onwards, DeluxHost may, without any further grace period:

• suspend access to the service;
• permanently terminate the service;
• reallocate the resources associated with the service;
• permanently delete the virtual machine, the storage and the other data hosted on the service.

No minimum data retention period after the expiry date is guaranteed. The temporary suspension of an expired service is no guarantee that the service or its data will be retained for any given period.

The customer is solely responsible for exporting and retaining their own data and must take external backups before the expiry date of the service.

Where an expired service has not yet been deleted, DeluxHost may, at its own discretion and upon receipt of payment, allow it to be reactivated. Reactivation and data recovery are not guaranteed.

For Dedicated Servers, licences, IP addresses and other resources supplied by upstream providers, termination and reallocation may occur immediately upon expiry.

Before opening a PayPal dispute, a credit card chargeback or any other reversal procedure, the customer must contact DeluxHost support and allow a reasonable period of time to investigate and resolve the issue.

Opening a dispute or a chargeback without having first contacted support constitutes a material breach of these Terms, unless:

• the payment was made without the authorisation of the cardholder;
• prior contact is objectively impossible;
• an urgent situation exists;
• the customer is exercising a mandatory right provided for by law.

In the event that a chargeback, a PayPal dispute or any other reversal procedure is opened, DeluxHost reserves the right to suspend immediately, and without prior notice, all services associated with the customer or with the account concerned.

The suspension may remain in place until the dispute has been fully resolved and the administrative standing of the account has been restored.

Where the dispute proves to be unfounded, fraudulent, abusive or not preceded by a reasonable attempt at resolution through support, DeluxHost may:

• permanently suspend the account;
• terminate all active services;
• prevent the opening of new accounts;
• refuse new orders;
• delete the associated data in accordance with its retention policies;
• apply an administrative fee of up to €25 for each dispute, to the extent permitted by law;
• seek reimbursement of the bank charges and costs actually incurred;
• take action to recover the amounts due.

DeluxHost may provide the payment processor with the documentation necessary to contest the chargeback, including:

• order data;
• IP addresses;
• access logs;
• communication history;
• activation confirmations;
• evidence of the provision of the service;
• recorded contractual consents;
• resource usage data.

Such data is processed in compliance with the applicable personal data protection legislation.

A request to transfer a VPS, VDS, Game Server or equivalent service to another account constitutes an optional administrative service.

A fee of €5 may be applied for each request, payable in advance.

DeluxHost may require:

• confirmation from the current account holder;
• verification of identity;
• acceptance of the Terms by the new account holder;
• verification of the administrative standing of the account.

The promotional price may lapse upon transfer.

Dedicated Servers and other services linked to upstream contracts may not be transferable.

Approved refunds are normally processed within 7 working days of the relevant confirmation.

For refunds owed to consumers by law, DeluxHost uses the same payment method used for the original transaction, unless otherwise agreed as permitted by law.

For commercial, voluntary or discretionary refunds, external costs actually incurred and non-recoverable may be deducted, to the extent permitted by law.

The time taken for funds to be credited after processing depends on the payment provider and on the customer's financial institution.

DeluxHost services may not be used to:

• carry out, facilitate or coordinate DDoS attacks;
• gain unauthorised access to systems, networks or accounts;
• distribute malware, ransomware, viruses, spyware or harmful software;
• operate command-and-control infrastructure;
• carry out phishing, identity theft, carding or fraud;
• host child sexual abuse material;
• host or disseminate terrorist content prohibited by law;
• infringe copyright, trade marks or other third-party rights;
• distribute pirated content;
• intentionally interfere with the security or stability of DeluxHost or third-party systems;
• carry out any other activity contrary to applicable law.

Serious breaches may result in immediate suspension, the preservation of evidence and reporting to the competent authorities.

The use of VPNs and proxies is permitted solely for legitimate and lawful purposes.

It is prohibited to use such tools in order to:

• conceal abusive activities;
• infringe third-party rights;
• circumvent legal restrictions;
• commit fraud;
• carry out activities prohibited by these Terms.

Proof-of-Work cryptocurrency mining is prohibited on VPS, VDS and Game Server services and on shared infrastructure, save with prior written authorisation.

Proof-of-Stake validators, Lightning Network nodes and other low-consumption blockchain workloads may be permitted where they:

• comply with applicable law;
• do not exceed the allocated resources;
• do not compromise the stability of the infrastructure;
• do not breach the Fair Use Policy.

Port scanning, vulnerability scanning, penetration testing, stress testing and other security testing activities are prohibited without DeluxHost's prior written authorisation.

The authorisation must specify at least:

• the systems involved;
• the source IP addresses;
• the duration of the test;
• the techniques used;
• the contact details of the responsible person.

Unauthorised testing may result in immediate suspension.

The use of DeluxHost services to create, operate, offer, resell or otherwise make available anti-DDoS proxy services or equivalent services is prohibited without DeluxHost's prior written authorisation.

This prohibition includes, by way of example:

• reverse proxies intended to protect or mitigate network traffic;
• TCP or UDP proxies;
• forwarding, relaying or transiting traffic to infrastructure owned by the customer or by third parties;
• services designed to protect IP addresses, servers, applications or networks;
• GRE, IP-in-IP or equivalent tunnelling technologies;
• traffic scrubbing, filtering or mitigation services;
• infrastructure marketed or presented as an anti-DDoS service;
• the resale or provision to third parties of network protection using DeluxHost resources.

Authorisation must be requested before the service is activated and may be subject to the provision of:

• the purpose and technical characteristics of the service;
• the protocols and ports used;
• the expected traffic volume;
• the IP addresses and systems involved;
• the identity and contact details of the responsible person;
• the measures adopted to prevent abuse;
• the procedures for handling abuse reports;
• any end users or categories of customers served.

DeluxHost may refuse authorisation for technical, infrastructural, contractual, security, network reputation or regulatory compliance reasons, or where the proposed activity is incompatible with the conditions imposed by upstream providers.

Any authorisation:

• must be confirmed through a written communication from DeluxHost;
• is limited to the services, IP addresses and configurations expressly specified;
• may not be transferred to other accounts or services;
• does not authorise activities prohibited by these Terms;
• may be revoked if the applicable requirements are no longer met or if concrete risks to the security, stability or reputation of the infrastructure arise.

The mere opening of a support ticket or the absence of a response from DeluxHost does not constitute authorisation.

In the event of unauthorised use, DeluxHost may block the affected traffic, limit resources or temporarily suspend the service. In serious, repeated or urgent cases, or where the activity compromises or creates a concrete risk of compromising the infrastructure, other customers, IP addresses or relationships with upstream providers, DeluxHost may terminate the service in accordance with Section 16.

Where circumstances allow without increasing the risk to the infrastructure, DeluxHost will notify the customer of the identified violation and may grant a reasonable period within which to discontinue the activity or request authorisation.

Standard reverse proxies used exclusively for applications belonging to the customer remain permitted, provided that they are not offered as a protection service to third parties, do not perform anti-DDoS mitigation or traffic transit functions and do not compromise the DeluxHost infrastructure.

The customer must comply with the limits on CPU, RAM, storage, IOPS, bandwidth, traffic, processes, ports and other resources provided for by the plan purchased.

Anomalous, excessive or disproportionate use that compromises the stability of the infrastructure may result in:

• temporary limitation of resources;
• a request for optimisation;
• a request to move to a suitable plan;
• suspension of the service;
• termination in serious or repeated cases.

In urgent cases, DeluxHost may act without prior notice in order to prevent damage, security risks or widespread degradation.

The following are prohibited:

• spam;
• unsolicited newsletters;
• unauthorised bulk sending;
• phishing;
• unlawful commercial communications;
• falsification of the sender.

SMTP port 25 may be blocked by default.

The customer may request that it be unblocked by submitting a ticket, providing information on the intended use and on the anti-abuse measures adopted.

DeluxHost may refuse or revoke the unblocking where there is a risk of abuse or of damage to the reputation of the network.

DeluxHost may analyse system logs, technical metrics and traffic patterns to the extent necessary in order to:

• protect the infrastructure;
• prevent and investigate abuse;
• ensure fair use;
• comply with legal obligations;
• provide technical assistance;
• verify compliance with these Terms.

Monitoring is carried out in compliance with the Privacy Policy and with applicable law.

All services are subject to the Fair Use Policy published on the DeluxHost website, which forms an integral part of these Terms.

The terms "unlimited traffic", "traffico illimitato" and "unmetered traffic" indicate the absence of a hard limit or of an automatic block upon reaching a given amount of traffic. Such terms do not eliminate the physical, technical, economic and security limits of the infrastructure and must be interpreted together with the Fair Use Policy.

Monthly traffic is calculated per individual service by adding together all inbound (IN) and outbound (OUT) network traffic generated during the calendar month.

Unless otherwise stated, services are activated on a network with DDoS protection and are subject to the related FUP thresholds.

The customer may request, free of charge and via ticket, the transfer of their service to a network or subnet without DDoS protection, subject to the specific thresholds provided for by the Fair Use Policy.

Changing the network profile alone does not entail any setup fee or additional recurring charge. The request remains subject to technical compatibility and to the availability of network resources and IP addresses.

The transfer may require the replacement of IP addresses, an update of the network configuration and a short interruption of connectivity.

By requesting the unprotected network, the customer expressly acknowledges and accepts:

• the absence of the DDoS protection and mitigation available on the protected network;
• the increased risk of packet loss, latency, degradation or unavailability in the event of an attack;
• the possible application of filtering, traffic shaping, null routing or blackholing by DeluxHost or by upstream providers;
• the absence of any guarantee of dedicated bandwidth or minimum throughput;
• the application of the specific exclusions provided for by the Service Level Agreement for DDoS attacks, malicious traffic, filtering, null routing and blackholing.

The thresholds applicable to protected and unprotected networks are set out in the Fair Use Policy and, where necessary, on the product page, in the commercial offer, in the order confirmation or in the communication relating to the network change.

Reaching or exceeding a threshold does not automatically result in a breach, a block, a suspension, an additional charge or a limitation of speed.

Where usage is sustained, repeated or disproportionate to the plan purchased, or incompatible with the quality, capacity or technical and economic sustainability of the infrastructure, DeluxHost may request a reduction in consumption, propose a more suitable network profile or plan, or apply temporary and proportionate traffic shaping.

In non-urgent cases, DeluxHost contacts the customer in advance and allows a reasonable period to adjust usage. Suspension or termination is considered only in serious or repeated cases, or in cases not resolved after the communications sent to the customer.

Every service expires on the date shown in the client area.

If payment is not received by the expiry date, DeluxHost may suspend or permanently terminate the service and delete the associated data from the expiry date onwards, with no guaranteed grace period and no guaranteed subsequent retention period.

The customer is responsible for exporting and retaining their own data before the expiry date.

The temporary persistence of the service or of the data after the expiry date does not create any right to retention, reactivation or recovery.

An expired service may be reactivated only where the resources and the data are still available, and reactivation is not guaranteed.

IP addresses assigned to services are granted for use only and remain the property of the relevant registry, provider or assignee.

The customer acquires no ownership right over the IP address.

DeluxHost may replace an IP address for reasons of:

• technical requirements;
• migrations;
• security;
• network reputation;
• requests from the upstream provider;
• regulatory compliance.

It is prohibited to use IP addresses for abusive activities or for activities liable to result in their blacklisting.

The voluntary transfer of a service between the protected and the unprotected network may require the replacement of the assigned IP addresses.

The previous IP addresses may be withdrawn and reassigned once the migration has been completed. DeluxHost does not guarantee the ability to retain or recover previously used addresses.

The customer is responsible for updating DNS, firewalls, applications, allowlists, configurations and external services affected by the change of IP address.

The customer is responsible for creating, verifying and retaining external and up-to-date backups.

Unless a specific backup service has been purchased, DeluxHost does not guarantee:

• the availability of backup copies;
• the recovery of deleted files;
• restoration following suspension or termination;
• the retention of data after expiry;
• the application consistency of backups.

Even where DeluxHost provides snapshots or backups, the customer must retain at least one external and independent copy of important data.

DeluxHost is not liable for data loss avoidable by means of adequate backups, save in cases of wilful misconduct, gross negligence or other mandatory cases.

DeluxHost standard support covers:

• physical infrastructure;
• the network;
• the hypervisor;
• host servers;
• storage managed by DeluxHost;
• the initial installation of the available templates;
• access problems attributable to the infrastructure.

Unless a managed service has been purchased, support does not include:

• configuration of the customer's software;
• routine administration of the operating system;
• development or correction of code;
• optimisation of databases or applications;
• configuration of application firewalls;
• migrations;
• malware removal;
• recovery of data not covered by backups;
• management of third-party licences or panels.

DeluxHost may provide additional assistance for a fee or as a commercial gesture, without this permanently altering the scope of the support included.

A customer who resells or makes the services available to third parties remains liable to DeluxHost for:

• payments;
• the use of resources;
• the activities of end users;
• the handling of abuse reports;
• compliance with these Terms;
• applicable privacy obligations.

DeluxHost may intervene directly on a resold service where necessary for security, regulatory compliance or the handling of abuse.

The customer may not hold themselves out as an official representative, agent or affiliate of DeluxHost without written authorisation.

DeluxHost may refuse a new order on reasonable grounds, including:

• unavailability of resources;
• risk of fraud;
• previous breaches;
• technical incompatibility;
• upstream provider limitations;
• legal or security risk.

DeluxHost may decide not to renew a service, giving, where reasonably possible, at least 14 days' prior notice.

In the event of early termination not due to a breach by the customer, DeluxHost will refund or grant a credit for the prepaid and unused period.

DeluxHost may suspend or terminate a service immediately in the event of:

• unlawful activity;
• serious abuse;
• security threats;
• attacks originating from the service;
• non-payment;
• fraud;
• chargebacks;
• an order of an authority;
• serious or repeated breach of these Terms.

The customer remains responsible for performing backups and migrating data.

Orders may be subject to automated or manual anti-fraud checks.

The following may be taken into account:

• the match between billing data and geolocation;
• the reputation of the IP address;
• the use of VPNs, proxies or temporary email addresses;
• anomalies in the payment method;
• links with previously suspended accounts;
• the number and frequency of orders.

DeluxHost may request additional documents or information in order to complete the verification.

An order may be delayed, refused or refunded where the verification cannot reasonably be completed.

Reports concerning illegal content or activities may be sent to: abuse@deluxhost.net

The report should include:

• the URL, IP address or service identifier;
• a description of the content or activity;
• the reason for the report;
• supporting evidence or documents;
• the contact details of the reporting party.

DeluxHost may request additional information where the report does not make it possible to identify or assess the content.

DeluxHost may remove, restrict or suspend content and services where this is necessary in order to comply with the law, with these Terms or with an order of an authority.

Communications relating to invoices, due dates, suspensions, maintenance, contractual changes, security, abuse and terminations may be sent:

• to the registered email address;
• via the client area;
• via the status page, where relevant.

The customer is responsible for keeping their contact details up to date and for regularly checking the client area.

DeluxHost is not liable for the failure to receive a communication due to:

• out-of-date contact details;
• a full email inbox;
• spam filters;
• blocks applied by the customer's email provider;
• other circumstances not attributable to DeluxHost.

DeluxHost does not tolerate unlawful, threatening, harassing, discriminatory, abusive or seriously offensive conduct towards the business, its owner, its staff, its collaborators, its suppliers or other customers.

The following are prohibited, by way of example:

• threats of violence;
• intimidation;
• attempted extortion;
• repeated harassment;
• discriminatory language;
• unlawful publication of personal data;
• unauthorised publication of confidential information;
• public defamation;
• knowingly spreading false statements presented as fact;
• falsifying, manipulating or altering tickets, emails, logs, screenshots or other communications;
• coordinated harassment or denigration campaigns;
• publishing, purchasing or coordinating fake reviews;
• inciting third parties to carry out attacks, harassment, abuse or false reports;
• abuse of the support channels, including the repeated, mass or rapid-succession submission of tickets, emails, messages or other duplicate or substantially identical requests concerning the same issue;
• continuously opening new tickets about a matter that is already being handled or is already the subject of an existing ticket, where this behaviour interferes with the normal handling of support;
• using the support channels in a manner that obstructs, overloads or compromises the normal operation of support;
• repeating requests that have already been examined and answered, where this is done in an abusive, harassing or manifestly excessive manner.

Opening more than one request is not automatically a breach where it is reasonably necessary for different issues, to provide relevant new information or to legitimately exercise one's rights.

Criticism, complaints, disputes and negative reviews based on genuine experience and expressed lawfully do not, in themselves, constitute a breach of these Terms.

DeluxHost may close, merge or mark as duplicates the tickets concerning the same issue and may require the customer to continue the communication exclusively through a single ticket or a specific support channel.

In the event of abuse of the support channels or of other serious or repeated conduct, DeluxHost may, in a manner proportionate to the seriousness and frequency of the conduct:

• close or merge duplicate tickets;
• temporarily or permanently restrict access to one or more communication channels;
• restrict the opening of further tickets concerning the same issue;
• suspend the account or the associated services;
• terminate the contractual relationship and the associated services;
• refuse new orders or the creation of further accounts;
• retain evidence of the conduct complained of;
• report the facts to the competent authorities;
• take action to protect its rights and to obtain compensation for any damage suffered.

In cases of particular seriousness, manifest abuse, threats, fraud, repeated harassment or conduct liable to compromise the proper operation of support or of the services, DeluxHost may adopt such measures with immediate effect and without notice, to the extent permitted by law.

The adoption of contractual measures does not limit DeluxHost's right to request the removal of unlawful content, to protect its reputation before the competent bodies or to claim compensation for any damage suffered.

The customer undertakes, to the extent permitted by law, to indemnify DeluxHost against claims, damages, penalties and reasonable costs arising directly from:

• unlawful use of the service;
• breach of these Terms;
• content uploaded or distributed by the customer;
• infringement of third-party rights;
• the activities of end users under the customer's control;
• false information provided during the order.

This obligation does not apply to the extent that the damage was caused directly by DeluxHost.

For consumers, this section applies solely to the extent compatible with mandatory legislation.

DeluxHost is not liable for delays or failures to perform directly caused by events:

• beyond its reasonable control;
• not reasonably foreseeable;
• not avoidable by means of commercially reasonable measures.

Such events may include:

• earthquakes;
• floods;
• fires;
• wars;
• terrorism;
• civil unrest;
• pandemics;
• public emergencies;
• power outages;
• large-scale connectivity outages;
• governmental or judicial measures;
• external strikes;
• supply chain disruptions;
• widespread datacentre or carrier failures;
• cyberattacks of exceptional scale.

The mere existence of a cyberattack does not automatically constitute force majeure.

For DDoS attacks, the calculation of uptime and the related exclusions are governed by the SLA.

These Terms are governed by Italian law.

For business customers, save for any mandatory rule to the contrary, any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the Court of Rome.

For consumers, the courts of the consumer's place of residence or domicile shall have jurisdiction, where provided for by law.

The choice of Italian law does not deprive a consumer residing in another State of any mandatory protections granted by the applicable law.

The processing of personal data is governed by the Privacy Policy published on the DeluxHost website.

Where the customer uses the service to process personal data on their own behalf, the customer normally acts as data controller and remains responsible for:

• the legal basis;
• privacy notices;
• handling data subjects' rights;
• the lawfulness of the data uploaded;
• application-level security measures.

DeluxHost may act as data processor in the cases provided for by the relevant Data Processing Agreement.

Where a provision of these Terms is found to be invalid or unenforceable, it shall be amended or construed to the minimum extent necessary to render it valid.

The invalidity of one provision does not render the other clauses invalid.

DeluxHost's failure to exercise a right does not constitute a permanent waiver of that right.

The customer may not assign the contract or transfer the service without the prior authorisation of DeluxHost.

DeluxHost may transfer the contract in the event of a sale of the business, a reorganisation or a transfer of a business division, ensuring the continuity of the customer's rights.

General support: support@deluxhost.net

Abuse reports: abuse@deluxhost.net

Privacy requests: privacy@deluxhost.net

PEC: deluxhost@mypec.eu

Requests relating to a specific service must include, where available:

• the service identifier;
• a description of the problem;
• the date and time;
• any logs or evidence;
• the customer's contact details.

For business customers, where required by Articles 1341 and 1342 of the Italian Civil Code, the following provisions must be specifically approved:

• Section 4: availability, exclusions and SLA credits;
• Section 5: warranties and limitation of liability;
• Section 6: changes to the Terms, the SLA, the services and prices;
• Section 7: lapse of promotional prices;
• Section 8.6: suspension, deletion and reactivation;
• Section 8.7: chargebacks and payment disputes;
• Section 11: suspension, deletion and loss of data;
• Section 16: refusal, suspension, termination and non-renewal;
• Section 20: abuse, defamation and conduct;
• Section 21: indemnity;
• Section 22: force majeure;
• Section 23: exclusive jurisdiction for business customers;
• Section 25: restrictions on assignment of the contract.