This agreement consists of the translation of an Italian agreement and is thus entirely governed by Italian law.
The Customer acknowledges that the services are offered by Keliweb.it ServerNet Sas (hereinafter only ServerNet) through the Internet and then in a manner as described online, the following conditions:
1) Terms.
1.1 Introduction
These general conditions have as their object the rules for the service offered by Hosting Keliweb.it ServerNet.
The transmission of ServerNet online application form for service activation and payment of the fee charged constitute full acceptance of the terms and conditions of this contract drafted and prepared in compliance with the provisions contained in Legislative Decree 206/2005 (Consumer Code) and Legislative Decree 31 January 2007, No 7 (Urgent measures for the protection of consumers, promote competition, the development of economic activities and the creation of new businesses).
Any further benefits to those established in the offer will be made only after specific customer requirements in a manner to be determined from time to time.
1.2 Service Features
Keliweb.it Hosting service, identified by the type chosen at time of order, may be the registration or transfer or renew a domain name and making it available, as predicted by the type of service chosen When ordering, web space. The provision also includes the implementation of the practices required for the registration of a domain name with the Registration Authorities Italian or foreign, and the required bandwidth for your site's visibility and for this purpose the Client acknowledges and accepts that, as the shared bandwidth among multiple users, in case of continuous use of bandwidth or network congestion ServerNet reserves the right to limit the bandwidth available.
The Customer, by signing this contract, accepts the characteristics of each package purchased.
1.3 Extensions Features
The Client acknowledges and agrees that:
- domains .eu and .it can be registered exclusively by natural or legal persons resident or established in the European Union;
- domains .es have no restriction on the persons seeking to require registration, however, is not in any way possible to make changes in ownership of the domain or requests to transfer a domain from another maintainer to Keliweb.
For all extensions states that you can not make requests for registration of domains that use accents or special characters.
1.4 Additional Service
1.4.1 Together with the request for registration or renewal or transfer of the domain, or after that request, the customer has the option to also purchase Additional Services (e-mail, statistics, backup service, etc..), as listed on the site http://www.keliweb.it. These additional services, regardless of the date of their activation, have the same length of the domain name. The Client acknowledges and agrees that additional services are provided with the characteristics and features shown on our sites www.keliweb.it
1.4.2 In the event that the Customer has purchased the option Hosting Linux, ServerNet put at its disposal a number of applications ready for use and working on the Linux platform.
Customer will have the option of installing one or more applications, the list of applications available will vary over time and each will be given any requirements necessary to proceed to their installation. Customer can manage applications downloaded directly from your control panel.
The Client acknowledges and agrees that:
a) the applications made to it by ServerNet may not be compatible with other applications already installed by the Customer and / or may not be suitable and appropriate to the purpose that he intends to pursue with them, so the customer raises from time to time ServerNet any responsibility in this regard;
b) the responsibility for the selection, use and possible incompatibility of applications provided by ServerNet is and remains the sole responsibility of the Customer which declares, as of now, to raise ServerNet from any liability in respect thereof;
c) the application upgrades chosen by the Customer will be notified via e-mail from ServerNet the Customer Agreement, which will go on the link therein and to provide independently and, therefore, without the support of ServerNet, to install them with him. It is understood, and what the Client acknowledges and accepts that ServerNet not be held responsible for any failure to provide updates of applications, enforcement and / or incorrect applications update the same by the Customer.
d) the applications, regardless of the date of their activation, have the same length of the domain name;
e) applications provided by ServerNet need support from a MySQL database, therefore, the Customer must have already at installation.
1.4.3 In the event that the customer has purchased additional MySql, can sort and assign to it the Backup Service, under the conditions and characteristics as indicated on the website HOSTING keliweb.it http://www.keliweb.it, which seeks to create on different storage media, copy the contents of the database associated with it. Customer can manage the backup service directly from their control panel MySql.
The Client acknowledges and agrees that:
a) the backup service, regardless of the date of its activation, has the same length of service is associated with MySql and thus acquires the same date;
b) the backup service can not be purchased in the three months prior to the expiration date of the service MySql;
c) the backup service must necessarily be associated with the MySQL service, so the customer can submit any renewal order only if the MySQL service which has been associated, in turn, was renewed. In cases of late renewal, the backup service will be available for 30 (forty) days after the due date will be completely removed, the customer can access the service (read only) only for the first 15 days of the date thereof.
The backup copies will be available to clients at all times, except interruptions of service due to technical failures, malfunctions or maintenance of machines and / or software. In this case, the customer will have nothing to claim as compensation and / or compensation for the unavailability and the failure to use the backup service.
The Customer acknowledges and accepts that, as the use of backup service reduces the risk of data loss and makes it easier for the customer to have a copy of the same, is not ruled out the possibility that the backup will be incomplete and / or missing, so the customer is in any case also be required to periodically and independently back up the entire contents of the database. The Customer acknowledges and accepts also that the occurrence of this event ServerNet is committed to refund in favor of twice the amount paid for the purchase of backup service, in which case the customer will have nothing to claim against a ServerNet compensation and / or compensation.
1.5 Rules for registration / transfer the domain name
ServerNet registering domain names, respecting the chronological order of requests received, if assisted by ServerNet receipt of confirmation regarding the payment of the cost of the service, identified as issued by the competent authority to carry out the operation , and the documentation required by these General Conditions of Contract. It is understood that:
- ServerNet assumes no obligation of means and results, therefore, the success of the application for registration is subject to its acceptance by the competent Registration Authorities;
- Domain names are free to supervision may actually not be, because they are already being recorded but not yet included in the databases of Authorities, so as of now, the Customer agrees to indemnify ServerNet from any liability and / or demand compensation damage to these conditions;
- ServerNet is not liable and can not under any circumstances take responsibility for resolving disputes that arise concerning the allocation of domain names, as well as by the Authorities of any change in registration procedures or the rules of Naming;
- ServerNet is not required to know or check the existence of any copyright, trade marks etc on the domain name registration or transfer which is required by the Customer, as of now the ServerNet indemnity from any involvement and / or responsibility.
1.6 Customer Charges
In order for the process of registration or transfer of the domain has successfully Customer must follow the procedures described on our Support website, which vary by the type of request, provide accurate and truthful and produce the necessary documents, including but non-exhaustive:
- where an application for registration of a domain. it the customer is required to send the letter Assumption of Responsibility (LAR) to the ccTLD "it" contains data identical to those supplied when filling out the request form on-line, in particular Customer is required to send the LAR to its specific category ("Individuals that have no VAT"or "Other entities other than individuals). For more details and to download the forms, please refer to page http://www.nic.it/domini/lettere_ar.html;
- in case of request for domain transfer. en the customer must send the Letter of Provider / Maintainer to the ccTLD "it" contains data identical to those supplied when filling out the request form on-line. For more details and to download the forms, please refer to page http://www.nic.it/operazioni/opRegistrante.html;
- in case of request for change of ownership of a domain. com, the Parties (the transferor and transferee) are required to send to the ccTLD "it" the change form signed by both the Registrant and the new owner is also required to send a new LAR to the ccTLD "it". For more details and to download the forms, please refer to page: http://www.nic.it/operazioni/opRegistrante.html;
- in case of request for transfer of a domain with an extension other than. "it" the customer is required to respond to e-mail confirmation of transfer that is sent by the competent Registration Authority by e-mail address listed in contact information administration (administrative contact) of the domain. If the customer does not remember that e-mail, you can still find by searching through the Whois service of the competent Registration Authority on the data of the domain name.
Where the registration or transfer or renewal is not to succeed for reasons not attributable to ServerNet (including but not limited to: why the data supplied by the client are not correct, or are discrepant from those sent by the Customer to ServerNet, or the Customer for the deployment of these documents requested by the competent Authority, or ServerNet not be able to charge a service fee to be determined as not specified in the payment), ServerNet, in the interest of the client, reserves the right to repeat the registration or transfer or renewal.
Notwithstanding the foregoing, after 12 (twelve) months from the date of payment, unchanged the conditions that caused the impasse, it shall be deemed expired and ServerNet retain the sum of the deposit as reimbursement of expenses incurred.
To the success of the procedure described above, the customer will be the legitimate holder of the domain name chosen must also remain the sole and exclusive responsibility for its use and its contents: The Client, in any case will be held in check by 15 days from date of activation of the web space to the accuracy of its data from the database of the competent authority for the extension of choice, if within that period, the customer does not raise any objection regarding the accuracy of their data, these will be deemed correct.
1.7 Service with web space and discipline of the Backup
In the event that the Client has bought a web space service, the Customer acknowledges and accepts:
a) to be the only person to have access to security settings of your site;
b) that your site is hosted, or allocated on the computer system owned by Servernet sas;
c) that the data published on its website in order to bring them to the internet are copies of the original data remaining in its possession and its exclusive availability;
d) which is making its unique burden, at its own expense, the backup of the same, except that the provisions of Section e).
In view of the foregoing, the Customer releases of now Keliweb any liability in the event of total or partial loss of data, fault, malfunction, unauthorized access to the site or e-mail, due to any cause.
e) Servernet that, if the customer buys the service as specified on the backup site HOSTING KELIWEB.IT http://www.keliweb.it, will be the same in their own space
web two folders, each containing a backup on the content of the site. These copies will be made as follows:
- a daily backup;
- a weekly Backup.
The customer can see only those folders as read-only access via FTP to the web space.
The backup copies will be available to clients at all times, except interruptions of service due to technical failures, malfunctions or maintenance of machines and / or software. In this case, the customer will have nothing to claim as compensation for loss of use of the service backup.
The Customer acknowledges and accepts that, as the use of backup service reduces the risk of data loss and makes it easier for the client you are reading a copy of the same, is not ruled out the possibility that the backup will be incomplete and / or missing, so the customer is in any case also be required to periodically and independently back up the entire contents of the web space to store in a different place from your web space. Upon the occurrence of this event, keliweb will refund the customer double the amount paid for the purchase of backup service.
The Customer expressly acknowledges and agrees that:
- during the transfer of the web space from one server to another, it became necessary for any reason, the backup service may be available for a limited time and variable on the basis of technical requirements, in which case the customer will have nothing to claim as compensation for loss of use of the service backup;
- in the case of conversion from domain to hosting windows hosting linux and vice versa, and in any event prior to the transaction, the customer shall, at its sole care to get copies of backup, because from that moment the previous backups will not be longer available. In this connection, the client of now ServerNet exempt from any liability for losses howsoever data.
- the service described above does not include backup copy of data in any MySQL or MSSQL database, so the customer is required to autonomously up through the same access to your control panel.
In the event that the customer has purchased MySQL Backup to the same shall be governed in accordance with art. 1.4.3.
1.8 Power to modify the Terms by ServerNet
ServerNet reserves the right to change the service and to change the terms of the offer at any time and without notice, in this connection it is understood that any contract concluded prior to the incorporation of changes or modifications will be accepted and fully complied with the conditions agreed.
The Client acknowledges and accepts that ServerNet, except where indicated in art. 4.1 Lett. E), it reserves the right to periodically change the control codes associated with the domain (login and password), and that new data will be sent to the inbox of reference specified in the order.
1.8.1 Unilateral power to modify ServerNet
Keliweb reserves the right to monitor the performance and resource consumption of the site. If the load is too high compared to normal use of a site, at the discretion of the technical staff, Keliweb reserves the right to submit a better solution to the customer, and if not, cancel the contract with notice of 10 days.
1.9 Disclaimer of Servernet Sas
In no event will Servernet sas' held responsible for the malfunction of the services arising from causes attributable to the telephone lines, electricity and national and global networks, including failures, overloads or outages, but not for employees made by third parties.
No compensation will be able to be obtained from Servernet sas for any direct or indirect, caused by the use or non-utilization of services.
Servernet s.a.s. can not 'be held responsible for failures to comply with its obligations arising from acts of God.
You agree to hold harmless from all losses, damages, liabilities, costs, charges and expenses including legal fees that may be suffered or incurred by Servernet sas as a result of any failure to meet its obligations and guarantees provided by the user with the signing of this agreement or application form and in any case related to the release of information in the space provided by Servernet sas, even in cases of damages claimed by third parties for any reason.
The customer raises Servernet S.A.S. from any civil or criminal liability for illegal use of the services used by him and his clients.
1.9.1 Force Majeure, catastrophic events and fortuitous
Neither side and 'responsible for failures attributable to causes of fire, explosion, earthquake, volcanoes, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes or any other cause unforeseen and exceptional that prevents to provide the agreed service.
2) Agreement Duration
2.1 End of Agreement
The contract is concluded only when the customer receives from the ServerNet application form for service activation, completed and accepted in its entirety with the procedures for concluding contracts on-line together with the receipt of confirmation regarding the payment of compensation for the type of service selected, identified as issued by the competent authority to do so, ServerNet begin to perform the operations requested by the Customer from the date the contract is concluded.
The agreement thus entered a period equal to the time period selected at the time of order placement from the date of service activation, except as provided by art. 2.3.
In the event that payment is not valid, the domain will be disabled by ServerNet and / or transferred to another entity, is retained by the person who ordered the registration requirement of the payment and interest relating to the delay.
2.2 Expiration / Renewal of Agreement
The deadline set for the chosen service this contract will cease unless renewed its effectiveness to be made at least 15 days before the final payment of the consideration provided by (applied tariffs at renewal), in this case, the contract will be renewed for further annuity, except as provided by subsequent articles. 2.3 and 2.4
The Client acknowledges and agrees that a) the date approaches for the expiry ServerNet reserves the right to send the e-mail boxes of reference and / or mailboxes domain notices of termination of service in the event next not renewed and that b) after the expiration date ServerNet reserves the right to insert in place of the home page, the message "expired domain" except as provided in art. 2.4.
2.3 Termination of the Agreement on the domain transfer
In case of transfer of domain from another provider / maintainer of the contract will cease its effectiveness at the end of the procedure for transfer, any web space and in any case all the services associated with the domain name will thus be deactivated and deleted, it being specifically excluded any reimbursement by ServerNet against the Customer for the remaining period.
2.4 Maintenance of the domain name after the expiry
The Client acknowledges and agrees that, without renewal (in the manner indicated in art. 2.2), ServerNet, however, reserves the right at its option to renew the domain for maintenance of one or more annuities without changing the data recording present. It is understood that in this case, however, will disable all the services associated with the domain (including but not limited to: hosting, e-mail, any additional services) and will be inserted in place of the home page domain web page containing advertising.
The Customer will get back the availability of the domain and related services, in the manner and conditions posted on the site http://www.keliweb.it contract and the contract duration will always be selected when ordering, but in any case, the first year will be equal to the period remaining until the expiration date of the domain with the Registration Authority. In this case, the user acknowledges and accepts that ServerNet does not guarantee the preservation of the contents of the web space, so the same indemnity ServerNet, as of now, from all direct and indirect responsibility for any partial or total loss of data, Information and content are allocated at the time the contract expires on the site corresponding to the domain name in question.
It remains, however, affect the right of the Customer to request the cancellation of the domain name at any time by giving notice to the writer expressed, at C.da Puonzo Sottano snc, via registered mail enclosing a copy of identification documents and all necessary documentation for the cancellation of the domain with the Registration Authority according to the extension selected, it should be noted that in the case of domains. com, the customer must send these documents directly to competent Registration Authority.
3) Service Offered by ServerNet.
Keliweb.it services are distributed in the manner and under conditions in which they find themselves on the date of the request to activate the service as published on the website HOSTING keliweb.it the Customer, by accepting these terms and conditions, expressly understand and accept.
It is expressly excluded any form of warranty expressed or implied, to the extent that this does not conflict with existing rules. Please note also that neither ServerNet nor any of its licensors, employees or agents guarantee the suitability of the Service, subject to this contract, with no specific function. ServerNet or anyone else involved in the creation and delivery of services in question can not be held liable for any damages (direct or indirect) related to the use of the services offered or the interruption of the operation of the same..
4) Customers Charges.
4.1 Charges related to the Service
The Customer undertakes to use the Service in compliance with this Agreement and in the website, within the law, the applicable legislation of morality and public order.
By way of example only, the Customer agrees to:
a) That materials may be placed by him on the Internet, including through the services offered by ServerNet, both in its complete and legitimate status, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other rights of third parties or keliweb protected by law or contract. Any copyrighted material can be introduced into the network only if the Client has obtained the rights to use the actual owner of its copyright, and citing the source;
b) Do not use or have used the services of a third ServerNet against morals and public order in order to disturb public or private, to cause injury, or damage directly or indirectly to any person (including but not limited to: is forbidden entry to the web dialer or materials or extracts of material dealing with pedophilia or apologies or fanatical racist, pornographic material and may eventually be added only in accordance with the regulations in such matters. in special restricted areas created by owner of the site accessible only to adults through a special password given by the owner of the site after thorough verification done on the age of the applicant);
c) Store in strict confidence and not to transfer to a third party control codes associated with the domain (login and password), thus answering the custody of the same;
d) Change your password at least every three months relieving and taking ServerNet free from liability in case of any action, loss or damage (including legal costs and fees) resulting from the failure to carry out the provisions regarding the preservation, modification and storage of these password;
e) Use the space which may be purchased and made available by ServerNet exclusively for the publication of the website, and not as a repository, that is as simple tool for storing files and / or download material from other sites;
f) Not to engage in acts intended to violate or groped for violating the confidentiality of private messages, damaging the integrity of the resources of others or damage directly or indirectly to any person (including but not limited to using pirated software, cracks, keygenerators, serials , cyber attacks of all types including DOS attacks, viruses or other harmful components);
g) Do not become an active part in attempts to breach computer systems and network security ServerNet or third parties using the service provided by ServerNet that could give rise to civil liability and / or criminal;
h) no access to systems, networks and / or information provided to third parties without explicit authorization by means of scanning / probing, vulnerability tests, attempts to breach security;
i) Do not create situations of danger and / or instability and / or other technical problems as a result of programming and / or how to use that impact on quality of service the customer or other customers in order to cause harm to them, ServerNet to and / or third parties;
l) Do not use the services of ServerNet to be infringing or violating (either directly or indirectly) to the current Italian legislation;
m) Do not post websites with content such as gambling, online casinos or other content which do not comply with the provisions of Law 401/1989 and subsequent amendments thereto, in the absence of the necessary authorizations required by law. In that case, the customer must send to the writer before the publication of such content, a copy of the license, permit, license or other evidence of authorization. It is understood that if the writer is aware of Web sites or links (hyperlinks) to other websites for which has not been given in advance a copy of this authorization, ServerNet reserves the right to suspend the service until supply the required documentation, the exclusion of any reimbursement and / or damages for the period of service not received;
n) Do not offer public information (textual or graphical) harmful image of ServerNet through the services made available;
o) Do not spam or perform equivalent actions (for a definition of spam see A Set of Guidelines for Mass Unsolicited Mailings and Postings (spam *) ftp://ftp.nic.it/rfc/rfc2635.txt) and not to introduce or send programs (viruses, trojan horses etc.) affecting the operation of the network;
p) Do not make phishing or other equivalent actions of the illicit nature tend to steal users personal data or other confidential information (including but not limited to: access codes, passwords, user ID);
q) Do not use applications and / or scripts are not allowed. The list of applications and / or scripts are not allowed, in constant and continuous updating, is available on http://www.keliweb.it. It is understood that in cases in which ServerNet finds that applications and / or script, but not in that list, cause malfunction of the server (including but not limited to: in the case of database. mdb corrupt or failing to meet the best mode of use indicated on http://www.keliweb.it, ServerNet reserves the right to intervene in an appropriate way in order to end such malfunction;
r) Do not store sensitive data on the site and / or judicial data, in case he has purchased a service with web space;
s) Assume responsibility for the protection of the data entered, where he has purchased a service with web space;
t) Do not post websites with content such as newspapers and not to consider and / or state ServerNet as an editor and / or printer without the quotes and their written consent thereto, where he has purchased a service with web space;
u) To inspect and observe the rules of good usage of network resources, as contained in the document "Netiquette ", published on the website of the Italian Naming Authority (http://www.nic.it/NA/netiquette.txt), of which Customer declares to be aware.
v) review and agree to all the provisions contained in the policy of ServerNet, available at http://www.keliweb.it;
z) Do not use or have used the service to third parties so as to cause damage or harm in any way and form, image and trademark owned by ServerNet.
In case of violation of one or more of these obligations, ServerNet will have the right to remove any material not permitted to enter immediately and without notice suspend the service, also reserves the right to terminate the contract under the following art. 6 and to retain the sums paid by the customer as a penalty, to pay compensation for extra costs incurred. The Client acknowledges and agrees that nothing will be expectedto ServerNet in reimbursement ,compensation or damages for measures that will have the same considered appropriate to adopt. In any case, the customer assumes, as of now, any liability in respect of breaches referred to above and agrees to indemnify and hold harmless from any damages or loss ServerNet.
The Client acknowledges and accepts that in any dispute with third parties relating to the registered domain name, the content of the website and / or their inboxes, ServerNet reserves the right to terminate service and / or remove all or part of the material, pending resolution of the dispute, it being specifically excluded any and all reimbursement or compensation or liability for loss of use of ServerNet services during the period of suspension and / or the removal of material occurred.
4.2 Obligations relating to disclosure of information
The Customer acknowledges and accepts that the registration of the domain name involves the insertion of your personal information in publicly accessible register maintained by the Authority responsible for the extension of choice.
The Customer warrants that all personal data provided to ServerNet to conclude and proper execution of the contract are correct, current and truthful, otherwise, if upon request of ServerNet, the same does not provide adequate proof of the veracity of data, or does not communicate the actual data, ServerNet reserves the right to:
- refuse the request for registration;
- suspend the services;
- undo any edit data, change properties etc,
- terminate the contract under Art. 6, holding a penalty the amount paid by Customer, without prejudice to other damages.
The Client acknowledges and agrees that if ServerNet, at its sole discretion, believes they have reason to doubt the accuracy of information supplied by the Customer and / or associated with the domain because it is allowed, as of now, the power to suspend With immediate effect and without notice, the service for an indefinite time. It is understood that the customer can not advance to ServerNet any request for reimbursement, indemnification and / or compensation for the time that has not used the Service.
Notwithstanding the foregoing, the Customer is required to disclose to ServerNet any variation of the data provided no later than 7 (seven) days from the occurrence thereof, in the manner indicated on the website http://www.keliweb.it;
Upon receipt of such notice, direct ServerNet may request additional documentation to prove the changes reported. In case of failure by the Customer, the undersigned reserves the right to terminate with immediate effect and without notice, service.
5) Intellectual property rights and industrial.
ServerNet authorizes the Customer to read and download the material available on www.keliweb.it, only personal use and for non-commercial since ServerNet is the exclusive owner of all intellectual and industrial property rights in both Italian and international of all kinds
However, it is prohibited the Customer to use the material on this site for purposes other than those listed above.
6) Agreement Termination.
6.1 Termination clause
This agreement resolves of law, art. 1456 cc, allowing keliweb to stop the service without notice if the Customer:
a) disposes of all or part of the contract to third parties without the prior written consent of ServerNet;
b) fails to pay the compensation required;
c) acting or presenting himself as an agent of ServerNet;
d) is subject to a bankruptcy or authorized;
e) use services in different ways than those set by ServerNet
f) contrary to clause 4.1 and 4.2
In such cases ServerNet announce the successful resolution of law by Coll. A.R. and retain as a penalty the amount paid by Customer, unless the other damages.
6.2 Withdrawal by ServerNet
Notwithstanding the foregoing ServerNet has the right to terminate this contract at any time and without stating reasons, with 10 days'notice sent by registered mail or, alternatively, by certified mail (PEC). Once the deadline indicated above, if the service has not been suspended pursuant to art. 4.1, ServerNet may at any time off, disable, obscure and otherwise make the site unusable and / or e-mail boxes. It is understood that the customer is required to serve a copy of the contents placed in its own space as ServerNet, once the period of notice, does not guarantee recovery. Moreover, in case of withdrawal ServerNet be required to return to Customer the price of the corresponding service rate of days not used until the natural expiration of the subsequent report, it being specifically excluded any and all other refund or compensation or liability for loss of use of ServerNet by Customer Service in the remaining period.
6.3 Withdrawl by Custormer
The customer, who is qualified as "consumer " and identified under Article. 3 of Legislative Decree no. 206/2005 (so-called "Consumer Code "), the natural person acting for purposes outside his trade, business or profession, has the right to terminate this Agreement at any time without penalty and without giving any reason by posting the relevant notice, enclosing a copy of an identity document valid, via registered mail to ServerNet, C.da Puonzo Sub - 87036 Rende (CS). The withdrawal shall take effect after 30 (thirty) days from the date of receipt by the said communication and ServerNet ServerNet will disable the services. In the event of a transfer request, ServerNet communicate by e-mail reference any authorization codes.
If you request, also, the purchase price of the service for unused days until the next natural expiration of the report, ServerNet will have to make repayment to the exclusion of costs incurred and / or to be incurred (including but not limited to, the costs already incurred for the registration of the domain name at the Registration Authority responsible for the activation of licenses used for the provision of additional services, etc..) in accordance with the provisions of Art. 1 paragraph 3 of Law 40/2007.
The Client acknowledges and agrees that the said right of withdrawal is recognized in accordance with Legislative Decree no. 206/2005 and L. 40/2007, only to Customers who are classified as consumers. In case of cancellation, termination or unlawful termination by the Client, ServerNet is henceforth entitled to retain any sums paid by the customer as a penalty, to pay compensation for additional damages.
In any case, it is understood that the customer is required to serve a copy of the contents placed in its own space, as ServerNet does not guarantee recovery.
7) Responsibility.
7.1 Disclaimers of ServerNet
ServerNet is not responsible to its customers and third parties for delays, malfunction, suspension and / or interruptions in service due to:
a) force majeure and / or unforeseeable circumstances;
b) made the third (including but not limited to: unauthorized publication of texts by third parties entered by the customer in any area of messaging, public or private);.
c) malfunction or non-compliance of the connecting equipment which the Customer has.
d) failure and malfunction of machines and software, whether owned by ServerNet that its suppliers.
In such cases, the Client acknowledges and agrees that nothing will be expectedby ServerNet as compensation
The Customer must notify ServerNet now or no later than 24 hours of sunshine possible irregularities in the service. Any damage caused by hard-working poor communication will be considered the responsibility of the Customer.
7.2 Responsibility by Keliweb.it
Failure to renew the registration of the domain name to causes that are attributable to ServerNet, the latter undertakes to pay the customer a penalty amount equivalent to twice the amount paid by you for the application to renew the domain name. Customer agrees thereby to renounce any further claims and / or demand compensation.
7.3 Responsibilities of both parties
ServerNet and the customer engage in a reciprocal manner to treat as confidential any data or information known, or operated in connection with the activities for implementation of the service provided by ServerNet .
8) Costs and Fees.
For the purpose of ending the contract, the customer is required to pay the amount fixed ServerNet for the service requested plus VAT and other charges by law. Customer may not assert a claim or raise objections of any kind until they have taken steps to make payments under this contract.
The Client acknowledges and agrees that, pursuant to the provisions of art. 52 paragraph 1 letter. e) D. Decree Law 206/2005, the payment of the service must be made with one of the methods described in the online form, particularly by postal order, bank transfer or credit card.
In case of payment by postal order or bank the customer is obliged to indicate the domain name and references necessary to identify the order made.
By accepting these Terms and Conditions the Customer expressly agrees that the invoice is sent and / or made available in electronic format.
The claims that may arise in favor of the Customer under the failure of the service, due to any cause, should be used by it for the purchase or renewal of ServerNet Services no later than the period of twelve months from the date of payment. If no action is the time period indicated above, unless the customer has used the above claim, this will be considered definitively acquired and collected by the Supplier, without the customer may claim restitution or use.
9) Documentations.
The Customer acknowledges and agrees, expressly, the existence of the Register of links (LOGs - data concerning the telecom traffic), compiled and maintained by ServerNet the terms and conditions set forth in law. The above register is full and incontrovertible proof of the facts and actions taken by the Customer in connection with ServerNet and / or third parties; it absolutely confidential and may be entered and / or provided only at the request of the competent authorities. ServerNet take all appropriate technical and organizational measures to ensure confidentiality of records connections.
The Customer acknowledges and accepts that ServerNet also reserves the right to retain the "Access Log" (so-called LOG FTP), generated by the client during access to the panel for that domain, for a period of time equal to or than the duration of the contract.
10) Features of the Internet Systems
The Client acknowledges and accepts that ServerNet provides no warranty that the service is perfectly suited for a particular purpose. Moreover, the very nature of Internet services, where many entities are involved, no guarantee can be given about the constant availability of the service.
The Customer indemnifies, as of now, ServerNet from any liability in case of non-accessibility of websites from around the world, fail to transmit or receive information due to any cause.
The Customer acknowledges and accepts that the use of the services provided in collaboration with other infrastructure (national and international) is limited by the boundaries and rules established by the operators of such services, as well as the laws in force in the countries that host these services and those International.
11) Informative ex art. 52, 53, 64 et seq. and 5 D. Lgs. 206/2005 and art. 7 D. Legislative Decree 70/2003.
Pursuant to the requirements of Art. 52, 53 and 64 et seq. D. Decree Law 206/2005 the Client acknowledges that:
- The service provider is the company ServerNet Sas - Via Giulia, 30 - 87100 Cosenza - Italy, VAT / cf 4 1 2 0 2 8 4 0 7 8 7, Tel: +39 0984 401 402
- pursuant to art. 3 of Legislative Decree No 206/2005 up to the individual consumer who is acting for purposes outside his business or profession and (associations of consumers and users) that have as their statutory purpose is the protection of the rights and interests of consumers or users, these subjects will be entitled to withdraw, pursuant to Art. 1, paragraph 3 of Law 40/2007, the contract without obligation to state the reason and at any time with notice sent to ServerNet Sas by registered A.R. at the following address: ServerNet S.A.S. - Via Giulia, 30 - 87100 Cosenza. After 30 days from receipt by the ServerNet, the notice of termination will be effective and ServerNet will cease all services and to communicate any reference to the email address of the authorization codes for the domain name. ServerNet will carry out the refund according to the law to the exclusion of the costs already incurred and the price of the service already received (including but not limited to: the costs already incurred for the registration of the domain name at the Registration Authority responsible for the 'activation of licenses used for the provision of additional services, etc.) .
- Any complaints can be sent to the headquarters of ServerNet Sas - C / Puonzo Sottano snc - 87036 Rende. The technical assistance may be available for individual services / products will be listed on the site Keliweb.it www.keliweb.it.
12) Final provisions and communications.
a) The relationship between ServerNet and Client established by these conditions of contract can never be understood as relations office, agency, partnership or association or other similar contracts or equivalent.
b) Customer shall not, unless it is specifically approved in writing by ServerNet, to include addenda or footnotes and / or modify this contract in any way.
c) Any invalidity, nullity or unenforceability of any provision of these Terms and Conditions will not extend to the remaining provisions.
d) Any dispute concerning the interpretation, implementation and termination of these Terms and Conditions will be exclusively responsible to the Court of Cosenza, unless the customer has acted and the termination of this contract as a consumer for purposes unrelated to business or profession. In this case, the court shall have exclusive jurisdiction of the place where the customer's residence or domicile, whether located on the territory of the Italian state.
e) For anything not covered in these Terms of Agreement, the Parties shall make express reference to the provisions of the law.
f) All communications to the Customer relating to this contract will be performed by ServerNet hand, by e-mail, by registered mail, postal mail or by fax to the addresses provided by the Customer and, accordingly, the same shall be deemed from these known. Any change of address of the customer is not disclosed to ServerNet it will not be enforceable.