Service Order for the Hosting Service of Register.it S.p.A. until 12 December 2013

This agreement consists of the translation of an Italian agreement and is thus entirely governed by Italian law.
Register Effective until 12 December 2013

This agreement consists of the translation of an Italian agreement and is thus entirely governed by Italian law. The Court of Milan shall have sole jurisdiction over any dispute that might arise between the Parties in regard to this agreement.This Service Order ("SO") is an integral and essential part of the General Conditions of Service ("GCS"). The GCS and this SO establish the terms and conditions for provision of the Hosting package by Register.it to the Customer.The abbreviated terms with the capitalized initials used in this SO have the same meaning as defined in the GCS.The commercial offer published on the site www.register.it constitutes an integral part of these conditions.

1 - Description of the Hosting Service
ServiceThe Hosting Service is activated by the client after the purchase by clicking the related button in their control panel and consists of the supply by Register.it to the Customer of memory space on the hard disk of one of its servers dedicated to shared space for Web hosting services. The specific technologies characterizing these services can be viewed on Register.it's website and or on its Control Panel and can be separately purchased by the client. The servers of Register.it are located at its server farm at INET, Via Darwin 85, Settimo Milanese (MI), Italy, and are connected to the network of telecommunication operators.The Hosting Service is offered in the form of different solutions, each of which is defined by particular technical characteristics. The possible solutions are published on an updated basis on the site of Register.it and indicate the technical differences and relative price schedules. Register.it will anyway be allowed to formulate promotional offers also during the duration of the agreement, which will be highlighted and advertised on the website. In this case the conditions and terms set out here will have to be respected, with particular attention to the respect of the memory and traffic space limit.Register.it informs the Customer that it is not possible to associate hosting on the Linux platform and the Windows platform simultaneously with the same domain, unless otherwise stated in the offer.The choice of platform type (e.g. Linux or Windows) on which to activate a Hosting Service must be made by the Customer, who thus assumes responsibility for the appropriateness of the choice made in relation to his/her own needs.

2 - Conditions of the Hosting Service
DOMAIN NAME:
The service Hosting is provided by Register.it either in relation with a Domain Name of the client maintained by Register.it acting as a Maintainer, Registrar or Reseller using the DNS of Register.it, or in relation with a Domain Name not maintained by Register.it.In the case of a Domain Name maintained by Register.it as a Maintainer, Registrar or Reseller, the Client acknowledges and agrees that, if during the term of this contract the Client does not renew or transfers the Domain Name to another Maintainer or decides to change the DNS associated to the domain from the Register.it DNS to some external DNS, the hosting service will expire and all data and material inserted by the Client on the Register.it server will be removed without engaging the responsibility of Register.it for maintaining and/or saving of this data. It would be the Client's responsability to save the data on another support before the transfer or not renewing the domain or changing the DNS.In the case of domain names not maintained by Register.it, the client will have to associate the Hosting service to a domain registered under his/her name, or, should a suitable domain be available at the moment of purchase of the service, the Customer undertakes to register it in the shortest possible time. The Customer agrees that if, during the term of this agreement, the Customer decides to associate the Hosting Service to a domain name other than the one owned at the moment of purchase and not maintained by Register.it, the details entered up to that moment will be automatically cancelled and Register.it will not be held liable for it. In this case, it will be the Customer’s responsibility to store the details somewhere else. Furthermore, the Customer will always be able to transfer the domain name to Register.it, which would become the domain Maintainer. This operation will have to be performed by the Customer from his/her Control Panel, so as to allow Register.it to verify that the Customer is the actual holder of the domain name that he/she wishes to transfer to Register.it. In the case the Customer was not the domain assignee, or in the case the request was not submitted from the Control Panel, the details entered up to that moment will be automatically deleted without Register.it being held liable for it. even in this case, Register.it reserves the right to demand payment of the full service fee.

DISK SPACE:
the disk space limit specified in the offer published online on the site of Register.it cannot be exceeded by the Customer. If the Customer exceeds this limit, Register.it will suspend the hosting service untill the Customer will resize the hosting space within the limits or will buy a bigger hosting solution. If this adjustment is not carried out, Register.it cannot be held liable for site malfunctions.The Customer will not be allowed to use the storage space for backup operations exceeding 1GB space. Therefore, in the case of violation of this limit, Register.it reserves the right to suspend the Hosting service and cancel the contract, the Customer being held responsible for such cancellation. The Customer will be required to respect the technical instructions provided by Register.it if he/she incorrectly installs programs or applications on his/her space. If the Customer does not abide by the aforesaid instructions or if the aforesaid limit is exceeded, Register.it SpA reserves the right to withdraw from this agreement, and it will owe nothing to the Customer in economic terms.The client is responsible for the files, the programs and the contents included in his/her space. In the case these, due to a lack of updating or to errors in the code script, harmed the system in such a way as to allow access to unauthorised users, or in the case they were used by the client or by third parties, whether authorised by the client or not, to indirectly damage the services provided by the platform, Register.it reserves the right to suspend the service until the client restores the normal security conditions.

DATABASE SPACE:
the database space limit specified in the offer published online on the site of Register.it refers to the single database and cannot be exceeded by the Customer. If the Customer exceeds this limit, Register.it will suspend the access to that database from the hosting platform untill the Customer will resize the database space within the limits or will buy a bigger hosting solution. If this adjustment is not carried out, Register.it cannot be held liable for site malfunctions.TRAFFIC LIMITS: The traffic limit set for the Hosting Service is as defined in the offer; it cannot in any case be summed with the limit that Register.it offers in connection with the registration of a domain. Furthermore, in the case of an upgrade with a different hosting solution, the traffic limit is as stipulated by the different solution purchased. If the Customer exceeds this limit, Register.it will suspend the hosting service untill the first day of the following month or will buy a bigger hosting solution. If this adjustment is not carried out, Register.it cannot be held liable for site malfunctions.OTHER LIMITS: The Client will have to occupy the cpu by conforming to the avarage values used in shared hosting, equal to about 0,5 % of the total amount. However, it will not be allowed to exceed, as peack values, 3% of the total cpu of the machine on which the http/ftp request is processed. The Customer will be required to respect the technical instructions provided by Register.it if he/she incorrectly installs programs or applications on his/her space. If the Customer does not abide by the aforesaid instructions or if the aforesaid limit is exceeded, Register.it SpA reserves the right to withdraw from this agreement, and it will owe nothing to the Customer in economic terms.ADDITIONAL SERVICES: Register.it offers the free websitebuilder service, which enables the Customer to create his own website even if he does not know the programming language. Register.it informs the Customer that the websitebuilder service is connected with the chosen platform. Therefore, if the Customer wishes to switch from the Windows platform to the Linux platform or vice-versa, the data from the website will be lost and cannot be recovered. Consequently, Register.it, disclaiming all liability therefor, suggests that the Customer back up the data on other media before changing the platform. The service is provided by Register.it, without this implying any implicit or explicit guarantee of correct functioning.In order to allow the Client to use their website with no need to know any programming language, Register.it offers the client the software owned by Sitoo, which the client can download from their own control panel. The related fees can be viewed in the commercial offer section on Register.it website. The client will have to abide by the terms and conditions of Sitoo licence published at: http://www.sitoo.com/en/SiteStudio.htm. The Client understands that the single licence is only valid for installation onto one single computer and that it is absolutely forbidden to decompile, disassemble or decode the software. The client also understands that the software is offered 'the way it is', with no implict or explicit function guarantee, and that this makes Register.it not liable for any problems connected thereto. However, the client is informed that Sitoo is to be held liable for any problems related to the sofware, Sitoo being the sofwtare owner.In order to allow the Client to use their website with no need to know any programming language, Register.it offers the client the software Softaculous owned by Softaculous Inc., available in some hosting plans and named App-Manager, installed on Register.it platform. Using a web interface, it allows the Client install softwares to easily create his own web site. The Client understands that the software is offered 'the way it is', with no implict or explicit function guarantee, and that this makes Register.it not liable for any problems or dataloss connected thereto. For an advanced web statistics management, Register.it offers the client the software Urchin owned by Google Inc., available in some hosting plans, installed on Register.it platform. Using a web interface, it allows the Client to monitor the web accesses to his websites. The Client understands that the software is offered 'the way it is', with no implict or explicit function guarantee, and that this makes Register.it not liable for any problems or dataloss connected thereto. Register.it also offers the Blog Service, whose technical characteristics are described on the Register.it website. The Blog Service is offered by Register.it through the platform of the groups' head company Dada S.p.A. Register.it reminds its customers that the material placed on the Blog must be original, or its publication must be authorized by the owner thereof. Therefore, it will not be possible to publish any kind of material (e.g. photos, texts, voice messages, sounds, etc.) on the spaces that violate national and international copyright, trademark, patent, and intellectual property laws. Furthermore, the material published on the Blog must not be pornographic or contain images or information regarding minors. Finally, the Blog Service cannot be used to propose illegal activities of any kind to other Users, to disseminate instructions for committing illegal activities or propose physical harm or damage to any group or individual, cause offense, or harm or molest anyone. If these Blog Service conditions are violated, Register.it reserves the right to block or immediately delete all or part of the space provided, without advance notice and at its own discretion, and the Customer will have no right to reimbursement of the price paid.

DATA:
all the data entered by the Customer on the Web space and in the databases provided through the Hosting Service are and remain the exclusive property of the Customer. Consequently, the Customer assumes any and all liability for these data and their content. The Customer is exclusively responsible for the uploading, downloading, deletion, storage, and manage of data on the Web space. In the case of requests on behalf of others (end customers) by the Customer (or, for the purposes of this article, the Reseller), the Reseller shall be liable for the data entered on the Web space through the Hosting Service on behalf of the end Customer.Register.it reserves the right to suspend the Service immediately if, in its final opinion or upon report by others, it believes that violations have been committed. In this case, upon being informed by Register.it via e-mail, the Reseller is required to eliminate the causes for the complaint or furnish adequate documentation proving his/her full compliance with the applicable norms governing his/her activity and/or the activity of the end Customer. In any case, Register.it may also contact the end Customer directly. If it does not receive an immediate reply, Register.it will have the right to interrupt provision of the service through which the illegal and/or unauthorized activity is conducted, without prejudice to its right to full payment of the consideration and the right of Register.it to take action for full indemnification of any damages that it might suffer.USER RULES: the Customer undertakes to use the Service in conformity with Article 8 of the GCS and this SO and any applicable norm or regulation. Register.it does not control the content of the Customer's Web space.

LIABILITY OF REGISTER.IT:
the Service will be available 24 hours a day, seven days a week, excluding and without prejudice to any suspensions for maintenance work. Register.it shall not be liable for any interruptions in the service, which it undertakes to restore as quickly as possible. Register.it may interrupt provision of the service at any time if there are justifiable reasons for protection of security and/or confidentiality, in which case it will notify the Customer.Register.it cannot be held liable in any case for malfunctions of the Service depending on events falling outside of the reasonable control of Register.it, such as, for example: (i) events of force majeure; (ii) events depending on the acts of others, such as, for example, interruption in or malfunction of the services of telecommunication operators and/or electric power lines or acts or omissions by the competent Registration Authorities; (iii) malfunction of the terminals or other systems of communication used by the Customer.

COMPLAINTS:
the Customer is required to serve notice of any service irregularities by registered mail with return receipt within 48 hours thereafter. Failure to serve notice in accordance with the foregoing terms and conditions will release REGISTER.IT from all liability.

EQUIPMENT:
Register.it does not provide the Customer with any equipment.

3 - TERM
s decided by the Customer during the purchase procedure or afterwards, from his toolbar, this SO may expire a) with or b) without tacit renewal.a) In the case of expiration with tacit renewal and credit card payment, the consideration set forth in the following article "Consideration and Payments" will be billed directly by Register.it to the Customer's credit card, in accordance with the terms and conditions in effect at the time of renewal, as illustrated on the toolbar following notification via e-mail. If Register.it cannot bill this charge, the agreement cannot be tacitly renewed and will be considered definitively expired at the envisaged expiration date. In this case, the Customer may renew the service by following the procedure described hereunder at . In the case of expiration with tacit renewal and payment with a system other than credit card, 20 days before the expiration date Register.it will execute the renewal and send the invoice to the Customer. This invoice must be paid in accordance with the terms set forth therein. The invoice and payment instructions will be sent via surface mail to the address recorded in Register.it files at the time of the order. If the Customer does not make payment by the envisaged deadline, Register.it may interrupt the service at any time, except as envisaged in Article 6 of the General Conditions of Service.b) In the event of expiration without tacit renewal, the Customer may request that Register.it, through the online procedure provided by Register.it, to renew the service with this SO for additional, subsequent periods by the deadlines appearing on the Customer's toolbar and at the technical and economic conditions in effect when the service is renewed, executing the renewal procedure. If it is not renewed in the forms and by the deadlines indicated above, when this SO expires, it will lawfully cease to have any effect, without it being necessary for Register.it to send any further notices.In all cases of termination of the effects of the agreement and/or if the Conditions of Service set forth hereinabove do not exist, not only the functions described in the offer but also all data and material entered by the Customer and stored on the Register.it servers will be deleted without Register.it having any liability for maintaining and/or saving them. Therefore, the Customer will bear the burden of saving the data on other media before the expiration date if he does not wish to renew the service.

4 - Consideration and Payments
The Consideration for provision of the requested Service is that indicated in the Offer.Supply of the Service is construed as being agreed from the time of payment of the consideration for the Service by the means indicated in the offer.The renewal price shall be the list price applied by Register.it at the time of Customer's request and indicated on the control panel.

5 – Privacy
Con riferimento all’instaurazione del presente rapporto contrattuale, le Parti riconoscono di essersi reciprocamente informate ai sensi dell’art. 13 D. Lgs. 196/2003 Codice in materia di protezione del dati personali (di seguito: “Codice Privacy” o “Codice”) e si obbligano a svolgere gli eventuali trattamenti di dati personali nel pieno rispetto della normativa applicabile. Nell’ambito della fruizione del Servizio fornito da Register.it, in particolare, il Cliente riconosce di agire in qualità di Titolare del trattamento dei dati personali di eventuali soggetti terzi che interagiscano con il Cliente stesso e/o con il suo Sito web. Rispetto al trattamento dei dati personali di tali soggetti terzi, pertanto, e con specifico riferimento all’erogazione dei servizi tecnologici sottostanti la fornitura del Servizio acquistato dal Cliente o ad eventuali sue richieste di assistenza tecnica, Register.it agirà in qualità di Responsabile ai sensi dell’art. 29 Codice Privacy, attenendosi alle istruzioni di cui alla “Nomina a Responsabile” in calce al presente Ordine di Servizio, da ritenersi parte integrante dello stesso.