Terms of Service
Please read these Terms carefully before ordering, activating or using DeluxHost services.
Last updated: May 2, 2026
1. Acceptance of the Terms
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.
2. Intellectual property
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.
3. Consumers and business customers
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.
4. Service availability and SLA
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.
5. Warranties and limitation of liability
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.
6. Changes to the Terms, the SLA, the services and prices
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.
6.1 Material changes
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.
6.2 Immediate changes
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.
6.3 Pricing changes
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.
6.4 No retroactive effect
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.
7. Promotional prices
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.
8. Payments, billing, renewals and refunds
8.1 Advance payment
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.
8.2 Billing and automatic renewal
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.
8.3 12-hour commercial guarantee
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.
8.4 Consumers' right of withdrawal
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.
8.5 Dedicated Servers
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.
8.6 Late payment, suspension and reactivation
The service remains active until the due date shown in the client area.
In the absence of payment, the service may be suspended from 00:00, Europe/Rome time zone, on the day following the due date.
If payment is not made within 2 days of suspension, the service and the associated data may be permanently deleted.
For Dedicated Servers, licences, IP addresses and resources supplied by upstream providers, deactivation or deletion may occur earlier where the resource must be returned to the relevant supplier. Any specific conditions are indicated on the product page or in the order confirmation.
DeluxHost does not guarantee the retention or recovery of data after the service has been deleted.
For business customers, late-payment interest and recovery costs provided for by the legislation on commercial transactions may be applied.
A reactivation fee of up to €10 may be applied where restoration requires actual administrative or technical intervention.
8.7 Chargebacks and payment disputes
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.
8.8 Transfer of ownership
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.
8.9 Processing of refunds
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.
9. Prohibited activities
9.1 Illegal, harmful or abusive activities
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.
9.2 VPNs and proxies
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.
9.3 Mining and blockchain
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.
9.4 Network and security testing
Port scanning, vulnerability scanning, penetration testing, stress testing and other security testing activities are prohibited without the prior written authorisation of DeluxHost.
The authorisation must state at least:
- the systems concerned;
- the source IP addresses;
- the duration of the test;
- the techniques used;
- the contact details of the person responsible.
Unauthorised testing may result in immediate suspension.
9.5 Use of resources
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.
9.6 Email and outbound SMTP
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.
9.7 Monitoring and enforcement
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.
10. Fair Use Policy
The terms "unlimited" and "unmetered" do not eliminate the physical, technical and security limits of the infrastructure.
In assessing usage, the following are taken into account:
- the impact on other customers;
- the duration and frequency of consumption;
- the characteristics of the plan;
- the capacity of the hardware;
- the congestion generated;
- the nature of the workload;
- the technical and security risks.
DeluxHost may limit a service where its use compromises the quality, security or stability of the infrastructure.
In non-urgent cases, DeluxHost may contact the customer in advance and request a reduction in consumption or a move to a suitable plan.
11. Expiry, suspension, deletion and data
Each service expires on the date indicated in the client area.
Suspension for non-payment may begin at 00:00 on the day following the due date.
During suspension, the customer may be unable to access the service or the associated data.
If payment is not made within 2 days of suspension, the service and the associated data may be permanently deleted.
The customer is responsible for exporting and retaining their own data before expiry.
Reactivation following suspension depends on the availability of resources and is not guaranteed.
Suspensions due to unlawful activity, abuse, fraud, chargebacks or urgent risks may be applied without prior notice.
12. IP addresses
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.
13. Data and backups
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.
14. Scope of technical support
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.
15. Resale and end users
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.
16. Refusal of orders, suspension, termination and non-renewal
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.
17. Order verification and fraud prevention
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.
18. Illegal content and abuse reports
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.
19. Communications
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.
20. Abuse, threats, defamation and conduct towards DeluxHost
DeluxHost does not tolerate unlawful, threatening, harassing, discriminatory or seriously offensive behaviour towards the business, the owner, staff, collaborators or other customers.
The following are prohibited:
- threats of violence;
- intimidation;
- attempted extortion;
- repeated harassment;
- discriminatory language;
- the unlawful publication of personal data;
- the unauthorised publication of confidential information;
- public defamation;
- the knowing dissemination of false statements presented as facts;
- the falsification or alteration of tickets, emails, logs or communications;
- coordinated harassment or denigration campaigns;
- the publication, purchase or coordination of fake reviews;
- inciting third parties to carry out attacks, harassment or false reports.
Criticism, complaints and negative reviews based on genuine experience and expressed in a lawful manner do not, in themselves, constitute a breach of these Terms.
In the event of serious or repeated conduct, DeluxHost may:
- restrict the channels of communication;
- suspend the services;
- terminate the contractual relationship;
- preserve evidence;
- report the matter to the authorities;
- take action to protect its own rights.
The adoption of contractual measures does not limit DeluxHost's right to seek the removal of unlawful content and compensation for any damage suffered.
21. Indemnity
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.
22. Force majeure
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.
23. Governing law and jurisdiction
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.
24. Privacy and data processing
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.
25. Severability, forbearance and assignment
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.
26. Contact
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.
27. Specific approval for business customers
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.
