Pieserv
Terms of Service

Use of our service, whether directly or indirectly, constitutes your acceptance of these terms and agreement to abide by them. We reserve the right to amend or adjust these terms at any time. Your continued use of our services constitutes your acceptance of any changes we make.

Pornography and sex-related merchandising are permitted provided it is legal in the the country of the United States of America and the United Kingdom of Great Britain and Northern Ireland.

You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organisation.

IRC websites/servers are only allowed on our servers within the European Union.

Piracy, hacking, cracking, phreaking, warez, exploitive software or text that educates or encourages this activity and/or use is not allowed.

Zaoomba LTD, believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to colour, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

Spam is not allowed and you may not reference Zaoomba LTD in any unsolicited email that you send.

You may not use our service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America or the United Kingdom. Violations of this provision may result in us making your information and information about your service and it's use available to law enforcement with or without your consent or knowledge.

You are solely and fully responsible for the contents of your account. Any and all repercussions will be borne solely by you as the account holder.

In no event will Zaoomba LTD be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Zaoomba LTDs services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record

Zaoomba LTD has NO refund policy of any kind since 26.11.2017.

Refunds are not possible if the client is not satisfied with delivery time or change his mind right after payment.

It is your responsibility to make sure your invoices our paid. We do not telephone or send postal mail notifying about disconnects. If you are concerned that an e-mail may not reach you, then you should proactively check your account for due invoices.

A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer's favour will receive account credit for overpayment.

We are not liable for any damage or loss of data due to insufficient cooling, heating, bandwidth or acts of God.

If any chargebacks occur on your credit card or PayPal account we reserve the right to terminate your service and recycle your server(s) immediately and without notice.

Leaving an invoice unpaid is not a method of cancellation. If you fail to pay an invoice, your entire account may be suspended. Please file cancellation request appropriately to avoid suspension of other services.

Client has responsibility not to do over-payment or to cancel any recurring payment if he doesn't want to keep the service with us. In case of double payment and/or recurring payments amount which is paid will be added to clients credit balance. Client can use that credit balance to either order new services or pay future invoices. These payments are not eligible for refund.

Prohibited Uses of Zaoomba LTD and Services:

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Zaoomba LTD's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Zaoomba LTD's servers, is prohibited. Zaoomba LTD accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Zaoomba LTD customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Zaoomba LTD-hosted domain, or referencing any Zaoomba LTD account, is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Our locations are allowed to run software/OS that assists backing up, owncloud, private VPN/Proxy, development, monitoring and other light CPU and IO intensive applications. Intensive applications such as traffic exchange programs and similar are considered as abuse and are not permitted. Running any CPU or IO intensive application on our servers you risk your service being terminated without notice and no refund.

Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Zaoomba LTD customers or end-users by any means or device.

Knowingly engage in any activities designed to abuse,harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) or that will affect to any other user whether on the Zaoomba LTD network and hardware or on another provider's network.

Using Zaoomba LTD's Services to interfere with the use of the Zaoomba LTD network by other customers or authorized users.

Minecraft on OpenVZ:

Minecraft is not permitted on our budget OpenVZ plans. We reserve the right to stop any minecraft server running in your VPS to protect other users.

Dedicated servers

Any variation from these general terms and conditions, additional covenants or agreements must be submitted in writing or by way of an expressed written confirmation. By accessing this on-line service the end-user accepts the general terms and conditions and respectively the terms of use. Use of the on-line product and services herewith provided is strictly forbidden without acceptance of the general terms and conditions and respectively the terms of use. These terms and conditions also apply to future business transactions, especially for the extension of services on the part of Zaoomba LTD within the scope of the existing contract, including when no specific reference is made. Any discrepancy with the terms and conditions on the part of the client are herewith not acknowledged. This non-recognition of contrary terms and conditions applies to all cases, including when the services provided by Zaoomba LTD became valid and were perhaps initially rendered implicitly to a particular client.

The current general terms and conditions shall always apply, including to any and all future agreements. Should the Zaoomba LTD general terms and conditions suffer any changes, the new regulations shall be effective 5 days after their announcement in the Zaoomba LTD on-line service. The revised terms and conditions shall apply to all legal transactions, unless the client expresses a written reasonable objection to the changes proposed by Zaoomba LTD within the above-mentioned 5-day term.

The range of products and indications concerning the product provided are subject to confirmation unless a written warranty is submitted. Zaoomba LTD remains free to perform services in the course of technological advances. This includes employing new, and as the case may call for, different technologies, systems, methods or standards in the services offered, as long as this does not cause drawbacks to the client. The transfer of any rights and obligations of the license agreement requires written approval on the part of Zaoomba LTD. Any violation on the part of the end-user of the herewith referred-to conditions can lead to the immediate suspension of the services rented. The suspension of services may be permanent.

Waiver on compensation for damages claims

The end-user waives the right to place any claims against Zaoomba LTD for any damages caused by using, downloading or accessing any of the data or services offered by the Zaoomba LTD The end-user specifically waives the right to place claims for any malfunction of his/her computer (e.g. viruses, bugs, deletion of documents, unloading, defects, delays in operation or in transference, theft, destruction, unauthorized access or alteration of data) as well as violation or damage of any additional hardware or software in connection to the use of the on-line services or any of the services offered. The same applies to technical problems and malfunctions of on-line computer systems, servers, providers and computer accessories in connection with, or as a result of, the process of making use of the services.

No warranty or liability for third parties

Zaoomba LTD assumes no warranty or liability for texts, images and/or any other contents offered by third parties which are accessible through Zaoomba LTD online services (e.g. hyperlinks, e-mail, chat-rooms, sub-domains and forum contributions). Limitation of liability for deliberate acts or negligence

Acording to the mandatory applicable Ziff. 2 and 3 provisions Zaoomba LTD is liable only for reckless negligence and deliberately caused losses, damages etc. Liability for slight negligence is hereby not acknowledged. This is also applicable for actual fault and, as the case may be, institutional defaults or for vicarious liability. Liability for uncontrollable acts of nature is hereby not acknowledged. To the extent that Zaoomba LTD is appropriately excluded from liability by the applicable provisions, this exclusion from liability is extendable to the personal liability of Zaoomba LTD workers, employees, collaborators, representatives and auxiliary personnel. Zaoomba LTD is not liable for simple negligence as long as the damage does not fall under its cardinal or its essential obligations. The main service liability within the scope of the service provider encompasses securing the execution normal operation under contract. Zaoomba LTD assumes no liability for the arisal of any incidents causing damages within the scope of the current line provider, usually the Deutsche Telekom AG. Secondary obligations, which are in turn a necessary preequisite for the adequate execution of the contract must also be taken into account and are also included within the scope of the main obligations.

Zaomba LTD does not acknowledge a right to compensation for continuous availability, as long as the system malfunction could not have been avoided despite a maximum diligence. Zaoomba LTD disqualifies any further claims for any incidences of failure which may arise and are outside the sphere of Zaoomba LTD responsibilities. Any further rights to compensation as a result of default or representing a (partial) - impracticality are limited to the typical damage claims. Furthermore, any liability claims for any service delays and/or malfunctions caused by uncontrollable acts of nature and/or unforeseeable, only temporary impairments and causes not traceable to Zaoomba LTD, are hereby not acknowledged. Official regulations, strikes, lock-outs and lawful company internal industrial dispute measures are included within this range of impairments.

Additionally, all total or partial malfunctions of the corresponding necessary communications and network structure service provider, as well as gateways and other service providers and operators are herewith included. The applicable compensatory payment in the form of reimbursement of prepaid charges pertaining to malfunctions caused by disruptions not within the provider's scope of responsibility will be disbursed only when the malfunction extends to more than a two full working-day time period. Liability arising from a failure of elements under warranty, consequences or consequential harm caused by a defect, as well as the liability deriving from the product liability obligation acts ( product liability act), are exempt from the aforementioned liability disqualification. We assume no responsibility for disruption and malfunction of the Internet itself, as we have no influence over such problems. The maximum amount of liability and compensation for damage claims ia limited to the value of the contract.

A special warning is hereby issued that no liability shall be assumed for the loss of data in our servers. Zaoomba LTD shall not be held responsible for possible claims arising from unauthorized access (or similar issues) due to the loss of a password. Zaoomba LTD assumes no liability for the loss of data stored in the Zaoomba LTD computer systems. Zaoomba LTD is under no obligation to create data backup copies. Neither does Zaoomba LTD assume any liability for the dissemination of confidential data stored in the Zaoomba LTD computer system. Zaoomba LTD assumes no liability for the violation of the minimum age requirement measures of games and/or the use of indicated games of any type. Zaoomba LTD assumes no liability for contracts existing between the end-user and other partners or sponsors. Zaoomba LTD does not screen its client's content to the effect of whether claims raised by third parties are justified or not. In this respect, it is widely accepted practice in the Internet realm that contents be blocked pending a judicial review on the credibility of the demands made by every third party. The client therefore agrees to block access to its content in cases where substantiated claims by third parties are raised.

Ban on illegal contributions

Introducing illegal written and/or image contents into the Zaoomba LTD program on the part of the Zaoomba LTD service end-users is strictly forbidden. This particularly refers to contents or other forms of expression which violate penal provisions or otherwise insult, threaten, are blasphemous towards a people, incite to crime, or are racist, obscene and pornographic. It is likewise forbidden for end-users to post material containing advertising for other products, especially programs offered by other service providers in the Zaoomba LTD The unauthorized use of copyrighted or third party trademark-protected material is also forbidden.

Services rendered

Zaoomba LTD offers online games-services and VPS services. The basis of these services is the possible lease of on-line games and services and web services on the Internet. These Zaoomba LTD services shall be provided to the client with the greatest knowledge and conscience. Zaoomba LTD guarantees a yearly average of 99% availability of its services. Warranty claims for services not performed as a result of technical failures originating in problems or reasons not caused by and/or which cannot be influenced by Zaoomba LTD cannot be raised. In such cases Zaoomba LTD makes the effort to re-establish unobstructed technical operations within the framework of its possibilities. Zaoomba LTD withholds the right to make any necessary changes or expand its services in order to improve or facilitate its further technical development. Zaoomba LTD obliges itself to make only those changes which fall within a reasonable framework for its clients and which take its own interests into account. Zaoomba LTD guarantees the availability of its Internet server only for those clients who pay for its services. Binding delivery dates must be stipulated in writing. The agreed upon delivery term begins on the date the order is accepted. The deadline is met when the delivery item is available for use before the term expires.

The delivery term is extended, where applicable, for the period of time until the purchaser gives us all the information and documentation necessary for the execution of the work order. The delivery time is extended for the necessary period of time within the framework of measures taken as a result of work stoppage, particularly strikes and lock-outs, as well as circumstances out of our control, such as legal or official regulations or in the case of delivery impediments due to uncontrollable acts of nature. The circumstances described above shall not be traced back to us even when they arise during an already-existing delay. We will inform the client as soon as possible of the outset and end of such impediments in the more serious cases.

Rescission and compensation for the non-execution of orders

Zaoomba LTD shall withdraw from a contract when the stoppage of payments, the raising of bankruptcy or composition proceedings, the denegation of bankruptcy status lacking matter, draft or check reclamations, or any other ascertained indications of a deterioration in the economic situation of the purchaser of our services become known. I cases where Zaoomba LTD withdraws from a contract because the order cannot be executed for reasons traceable to the client, the client must pay us a compensation for our disbursement and our losses equivalent to a fix fee of EUR 50.27 for Rootserver. Zaoomba LTD reserves the right to verifiably demand higher compensation. The lump sum compensation may be reduced to the extent in which the client proves that the disbursement and/or the damages were not caused or were not caused for the amount of the setup compensation. According to civil code §361a the client is entitled to the right of withdrawal. The withdrawal term begins at the moment when the client gives clear and specific instructions about his/her right of withdrawal, which conform to requirements on the appointed means of communication which make his/her rights to the availability of stable data processing media clear. However, the term cannot begin before the day the client receives the product. The withdrawal term amounts to two weeks. The withdrawal does not require any grounds. The timely dispatch of the withdrawal to the Zaoomba LTD address provided above is enough to ensure that the term is met.

Signing of the contract, duration of the contract and cancellation

The contract between Zaoomba LTD and the client takes effect only when the client's order is accepted by Zaoomba LTD. The use of the Zaoomba LTD services by underage clients is not allowed without the consent of his/her legal guardian. The signed written consent shall be sent to Zaoomba LTD via fax or post. The transmission of the consent per e-mail shall not suffice. The contract shall be drawn for an initial one-month, three-month, six- month, twelve-month, twenty-four-month period (depending on the type of contract) for every individual server and, as the case may be, server group. The contract is extended tacitly for additional one-month periods respectively unless one of the parties cancels the contract in writing by the end of the initial and/or additional contract periods. The cancellation of the contract must be issued in writing at least 30 days prior to the end of the initial and/or additional contract periods. A transmission per e-mail shall not suffice. The right of both parties to cancel the contract on significant grounds, in accordance with the civil code, remains thereof intact.

Significant grounds in terms of the law constitute, when the end-user, in cases where a direct debit order is issued, closes the bank account to which the services are billed or cancels the direct debit order. . when the end-user is unable to pay and definitively refuses payment. . when the client violates the obligations listed in the general terms and conditions, particularly those in the contract, and a warning from the provider fails to induce any changes on the part of the client.

The provider reserves the right to temporarily discontinue its services due to delay in payment for the services provided or to discontinue the services definitively when the delay lasts more than 10 days. The end-user shall be informed of the imminent stoppage of services by means of a special reminder. The service provider is entitled to issue an extraordinary notice of cancellation in the case of a definitive refusal of payment. The cancellation must be issued in writing and may not be issued not via e-mail.

Use of client data

In compliance with the federal data protection act, we have the right to handle all data within the scope of the business relations with the client. Zaoomba LTD electronically stores all the client's data during the contractual relationship, as long as this is necessary to execute the intended purpose of the contract, particularly for accounting purposes. Zaoomba LTD may also process and use the client and stock data for advertising and for internal market research purposes. Statistics and end-user data shall be disseminated in a solely anonymous way. End-user personal data, contents or information shall not be transferred to any third parties. Zaoomba LTD obliges itself to protect all data, contents and information to the best of its ability. However, Zaoomba LTD explicitly points out to its clients that data protection against data transmission in open networks, such as the Internet, cannot be comprehensively guaranteed in view of the current state of technology. Zaoomba LTD does not allow for the use of the source codes it has created or any parts thereof, including graphics and symbols, as well as ideas and layouts without an explicit written consent. Zaoomba LTD demands that its clients provide complete information about the stored database free of charge, in as much as it affects it.

Compensation provisions

The prices quoted in the price lists include the current applicable sales taxes, which amount to 17%. The applicable prices for our services are those stated in the price list at the time the order is placed or accepted. The billing period is hereby determined to be for one month in advanced. A refund of already-paid charges in cases of premature cancellations is not possible. The invoice for the initial period of the contract shall be send per e-mail. Further invoices shall also be sent per e-mail. Zaoomba LTD shall charge EUR 2.05 per invoice should the client request a special invoice to be sent per post. Payment shall be made to one of Zaoomba LTD's bank accounts within 5 days immediately after the invoice is issued, unless direct debit is issued. The payment is effective only at the point when Zaoomba LTD can dispose of the amount due. Should a client, with residence outside of Germany, have more than one active contract and have one of these contracts due, all active contracts will be deactivated until the outstanding payment has been processed. Payment is due by virtue of having a server (e.g. even when it is temporarily deactivated) and does not depend on the availability of the server. Should direct debit billing be in place, Zaoomba LTD has the right to debit the charge from the client's bank account, until cancellation by the client. To this end, the client shall provide all necessary information, particularly the bank details, when registering. Zaoomba LTD has the right to charge the client (a flat rate of EUR 25.65) for cancellation fees imposed as a result of the cancellation of the debit entry on the part of the client. The end-user automatically falls into statutory default 30 days after receiving the bill. From this point on, there shall be an outstanding payment request for a 5% interest of the corresponding valid base rate and the server shall be blocked. A EUR 7.69 charge for the issuance of every demanding letter is stipulated. Electronically-issued (per e-mail) requests for payment are hereby acknowledged by the client as binding. The client shall promptly notify us in writing of seizures or any other encroachments by third parties. We reserve the right to assert further damages claims. Only agreed-upon bills and checks shall be accepted. They shall be received as compliant and are valid only after their redemption as payment. We assume no liability for timely submittals. The buyer is entitled to retention rights in as much as counterclaims allude to the same contractual relationship. A summation of the buyer is not possible, unless, the objections raised by the client are legally ascertained or acknowledged by us.

Client obligations under the contract

The client is obligated to use the Zaoomba LTD on-line services appropriately.

Accurateness of the data provided by the client

The client ensures Zaoomba LTD that the all the information provided, particularly his/her name, address, telephone connections and bank account details are both correct and complete. The client is obligated to promptly send Zaoomba LTD the current and correct data should there be any changes to this basic information. Any additional cases fall within the aforementioned changes, including the coming into inheritance and/or any other universal succession; as well as when a person is added or is withdrawn from the community of the client (business partnerships and community of heirs). Zaoomba LTD reserves the right to end the contractual relationship, after warning the client in vain, should the client not meet these obligations.

Additional end-user obligations:

The lease-holder is especially barred from using the following services in connection with the use of the web space and services provided by Zaoomba LTD: File Transfer Protocol (FTP) services or other services that exceed the normal volume of traffic. Pornography or erotic contents. Cell phone logos, ring tones, gambling, voting, or dating services, etc. Contents which are illegal, right wing extremist, obscene, threatening, insulting, defamatory or are scandalous. Contents that reveal private information about individuals without their consent. Contents which infringe upon trademarks, copyrights or other intellectual property rights. Contents which incite others to commit criminal acts. Activities that undermine the civil order or infringe upon local, national or international laws. Every Zaoomba LTD client is obligated to remain informed of the most current terms and conditions. These can be accessed on the following Internet address: http://www.pielayer.com, as well as per a request at any time. Objections to changes made to the terms and conditions which are not raised within 14 days, shall be interpreted as an acceptance.

Registration, change, modification and cancellation of domains of an online presence Zaoomba LTD fundamentally administers only non-binding information about the availability of a domain on the telephone or over the Internet. The DENIC or any other center may grant the domain to a third party during the time between when the information is given and the registration for the allocation is turned in; without Zaoomba LTD gaining knowledge or having an influence. The registration of the domain will be carried out as a "de"-domain, unless something different has been agreed upon. The information provided for the registration will be forwarded to the DENIC or other respective centers in an automatic procedure without the assumption of any responsibility. The client can count on the actual allotment only once the Zaoomba LTD has made the corresponding Internet service available under the desired name. Zaoomba LTD assumes no type of liability or guarantee for the allocation of a requested domain name, or for the allocation thereof during the interim, to a third party.

Provider rights

In addition, Zaoomba LTD shall conduct spot checks of the website posted on the network by the client at irregular intervals and warn the client immediately should any reasonable suspicion about possible violations arise. Should requests for removal not be promptly obeyed, or rightfulness demonstrated/proven, the Zaoomba LTD reserves the right to a preternatural cancellation of the contract. Zaomba LTD reserves the right to fundamentally block or, in individual cases, to prevent the operation of contents which may interfere with the normal performance of the server. Particularly in respect to CGI program modules, PHP4, and ASP which were not already contained in the program library. Zaoomba LTD also reserves the right to block the client's services without previous warning should the client run programs of his/her own, within the framework of the service, which endanger the normal performance or security of the server. Zaoomba LTD grants itself the right to thoroughly test every server during the course of the year. Hard and software changes may take place in connection with servicing when necessary. The server shall not be available during this time. The servicing work will be announced in the news. The client shall not be granted any reduction in lease costs as a result of servicing. The client agrees to allow Zaoomba LTD to send information and advertising, within a reasonable scale, to the end-user's e-mail address as long as this option does not disable his/her personal profile. These e-mails shall be marked in an appropriate fashion with the purpose of differentiating them.

Miscellaneous

The client is hereby once more explicitly warned that Zaoomba LTD may view all the client information stored in its servers at any time for technical reasons. The contract entered into by the client and Zaoomba LTD is subject to German law by concurrent announcement of the provisions on the standardized United Nations Convention on Contracts for sale of transferable property. The use of the services under contract by third parties, as well as the transfer of these services to a third party in return for money requires the explicit written consent from Zaoomba LTD Should a resale be agreed upon, the resellers are obliged to transfer these binding terms and conditions to their contracting party and in this regard shall apply to Zaoomba LTD without complaint or compensation. The client has, unless specifically agreed upon, no claim to an IP address, an actual physical server for his/her web contents of his/her own assigned wideband (a line with a capacity for the transfer of data). The company makes use of a high-capacity host system (server) with an IP address and a joint wideband for the respective server, through which fluctuations in the actual availability of the wideband for the client are possible, with the purpose of achieving necessary cost reductions. Payment and legal venue, partial inoperativeness The stipulated payment venue of all debt on both sides for services under the contract, including eventual claims to compensation, shall be our head office. In business dealings with suppliers that do not fall under the manufacturers referred to in § 4 HGB and with legal entities of the public law, the stipulated legal venue for all litigation arising from the contract, including claims on checks and on bills of exchange, is our head office; which also has the right to place claims in the client's venue.

All remaining provisions remain in effect despite the nullification of specific provisions in the supply agreement or of these general terms and conditions. German laws apply to cross-border deliveries.

Anyone caught violating our Terms of Service may be terminated without warning and with no refund.