Terms of the contract for Supply Services
The request activation of any service offered by HOSTING UP sas undertake to comply with the following terms and conditions. This contract will be generated along with the order and must be delivered, duly signed to: HOSTING UP - Via Luigi Guercio, 15 - IT-84100 Salerno
1. Definition of the Parties
1.1 This agreement is made between services company based in sas HOSTING UP SALERNO (SA) - Via Luigi Guercio, 15 VAT number 04569470653 and the user as a subscriber of the general conditions of contract, hereinafter referred to as simply " user "
2. Description of Services
2.1 HOSTING UP provides the user hard disk space for the management of sites or other information accessible through the telecommunications network the Internet, through computers connected to it permanently, hereinafter "Services".
3. Subject of the contract
3.1 Con la sottoscrizione del presente contratto si richiede a HOSTING UP di mettere a disposizione i suoi servizi secondo le caratteristiche indicate in appositi moduli di adesione.
4. Duration and extension of tacit
4.1 The services are rendered in the user subscription HOSTING UP upon payment of the consideration by the user, the price-list prices in effect at the time of completing the application form.
4.2 The contract has a duration of months 12 (twelve) and the user is automatically renewed from year to year at the end of the first year and subsequent to the period of 12 (twelve) months if termination is not given, through communication by registered letter at the office HOSTING UP, within 60 (sixty) days from the end of the annual ongoing. In case of cancellation after the relevant time allowed, such termination will not affect the annuity and you must pay in full, even the consideration for the following period.
4.3 The provisions of this contract are fully implemented and accepted by the customer even if the use of charge and / or temporary services provided to any title HOSTING UP.
5. Obligations, prohibitions and responsibilities of the client
5.1 HOSTING UP is not responsible for the content of user information published on the Internet.
5.2 HOSTING UP not responsible in any way for damage caused directly or indirectly from the services provided.
5.3 The user agrees to raise HOSTING UP from liability in case of complaints, lawsuits, administrative or governmental actions, losses or damage (including legal costs and fees) arising from the illegal use of services by the user or a or more of its customers. HOSTING UP may discontinue the service without notice and without making a refund of the unused portion of the service. The civil and criminal liability of the information published through the service offered by HOSTING UP remains with the user.
5.4 The user uses the services provided by HOSTING UP assumes all responsibility for his actions.
5.5 The user agrees to keep in strict confidence and not to transfer to a third party, the alphanumeric codes (called "password") necessary for the performance of the service and therefore satisfies the custody of them.
It is made absolutely PROHIBITED the use of telematic services by the user HOSTING UP for illicit purposes, for sending unsolicited advertisements (also known as "spamming" or "spam") on Usenet discussion groups ("newsgroups" ) and / or addresses of users who have no connection with the sender. It also prohibited the publication of:
a. pornographic, obscene, erotic or in favor of pedophilia
b. offensive material or purposes contrary to morality and decency
c. material with a purpose contrary to public
d. material which violates the rights of third parties
e. copyrighted material (books and / or publications or parts of them or whatever)
f. material illegally detained (pirated software, unauthorized copies, etc.)
g. information or databases, in contrast with the current legislation.
5.7 The material considered "doubtful" at the sole discretion HOSTING UP, will be examined and a decision would be subject to the possibility of publishing an appropriate notice by e-mail user. If you do not comply with the terms above, HOSTING UP will be forced to cease its services without notice and without that nothing is due from the HOSTING UP for any remaining period.
6. Features and functionality of the system
6.1 You acknowledge and agree that e-services are based on HOSTING UP systems located physically in Italy.
7. Limitation of responsibility HOSTING UP
7.1 In no event shall HOSTING UP nor any other I've had a part in creating, producing or supplying the services of HOSTING UP be liable for any direct or indirect, incidental, special or consequential damages of any nature, whether contractual tort, resulting from the activation or employing the services HOSTING UP and / or interruption of services to work HOSTING UP. The provisions of this Article shall remain valid and effective even after the termination of the term of this contract, expiration, termination or withdrawal of the same.
7.2 In no event shall HOSTING UP be liable for the malfunctioning of services resulting from liability of telephone lines, electricity and national and global networks such as overload failures, interruptions, etc.
7.3 No compensation will be requested by HOSTING UP for any direct and / or indirect arising from the use or non-utilization of services.
7.4 HOSTING UP can not be held responsible for failures to comply with its obligations due to causes outside the sphere of the company's control or force majeure.
7.5 HOSTING UP can not be held responsible for infringements of third parties which affect the operation of telematics services available to you, including, without limitation, the slow speed or failure of telephone lines and computers that manage traffic telematic between the user and the system HOSTING UP.
7.6 You agree to hold harmless from all losses, damages, liabilities, costs, charges and expenses including legal fees and any that may be suffered or incurred by HOSTING UP as a result of any failure to perform its obligations and guarantees given by 'user with the signing of this agreement or application form and in any case related to entering information in the space provided by HOSTING UP, even in cases of damages claimed by third parties for any reason.
7.7 With respect to the terms of the provision of services provided, the user acknowledges that HOSTING UP makes no warranty that the service is readily salable or that fits a particular purpose. In addition to the specific structure of the Internet, where many entities are involved, no guarantee can be given with respect to the constant availability of the service. In this sense, the user agrees not to hold HOSTING UP liable for any loss or damage of any kind resulting from loss of data, the lack of access to the Internet, the inability to transmit or receive information, caused by or resulting from, delays, canceled or transmission outages.
8. Force major, catastrophic events and fortuitous.
Neither party is responsible for failures attributable to causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes or any other cause unforeseeable and exceptional it impossible to provide the agreed service.
9. Payment and non-payment
9.1 The consideration is payable in advance or 10 days depending on how you specify, from the time of service activation. The payment of the fee must be paid at the time of service activation for the first period, while for subsequent periods the payment of the fee must be paid within 10 days from the expiry of the invoice 10 days before the expiry of the service.
9.2 HOSTING UP reserves the right to change at any time the terms specified in this Agreement and the fees applicable to this contract by giving notice via e-mail. Any changes in fees will come into force at the expiry of the various pre-paid fees immediately following the changes themselves. Constitute tacit acceptance of changes to these conditions and / or fees, the continuation of use of our services by the user. In any case, without prejudice to your right to rescind, with a registered letter, within 60 (sixty) days of expiration.
9.3 The non-payment by you of the payment amount HOSTING UP authorizes the suspension of the service after 15 days from the date on which payment was due. Any sums paid as an advance or deposit will be retained by UP HOSTING to cover the expenses incurred for processing and the technical study of the service.
10. Obligations HOSTING UP
HOSTING UP is committed to maintaining the efficiency of the service offered. If HOSTING UP was forced to interrupt the service to exceptional events or maintenance, HOSTING UP try to contain as quickly as possible outages and / or malfunction. HOSTING UP define the appropriate procedures for access to services and reserves the right to improve them at any time to be able to increase efficiency. HOSTING UP will provide you all the technical specifications for access to these services.
HOSTING UP as owner of the processing of personal data in accordance with Article 4 of Legislative Decree No 30 June 2003 196 "Protection of personal data" will inform you of the following facts and / or circumstances. The treatment carried out using methods and procedures are strictly necessary to provide interested parties with information and services they require, can be made using electronic or automated, or even through the use of fax, phone or fixed, e-mail, or other techniques of distance communication. The conferment of data is optional. In any case it is understood that the refusal to grant the user's data makes it impossible to conclude or perform the relevant contracts for the supply of services by HOSTING UP. YOU can have the specific rights conferred under the same Article 7 of the Code.
12. Date of commencement and expiry
This contract has a value between the parties from the date of activation until the natural expiry of the contract.
13. Termination clause
HOSTING UP reserves the right to declare the contract avoided pursuant to and for the purposes of Article 1456 of the Civil Code with simple written communication sent by registered mail to the address provided when activating the cases of breach of the obligations contained in points: 5. DUTIES, RESPONSIBILITIES AND RESTRICTIONS 9. NON-PAYMENT AND PAYMENT remain in any case affect the rights of the UP HOSTING perception of fees for services under contract but not completely enjoyed.
14. Court of jurisdiction
Any dispute arising or resulting from this contract, the parties depart from the conventional responsibility of the hole in favor of SALERNO.