TERMS OF AGREEMENT - 7HOST S.R.L.
1. DEFINITIONS AND INSTRUCTIONS OF THE SUPPLY
The parties agree to submit to state and contract rules and terminologies mentioned, will be known as:
CUSTOMER entity that promotes the process of entering into this contract in order to use the service arranged by SUPPLIER.
SUPPLIER understood as the person providing the service under the Agreement, legally identified 7HOST Srl based in Francavilla al Mare (Italy) with address in Via Rimini, 4 proposing this agreement for the supply of services.
In the following of the contract will refer to some technical names or in common use, in particular:
- SHARED HOSTING Provision of physical / logical resources by the SUPPLIER for the benefit of the CUSTOMER in a non-exclusive and with default specifications and non-editable from the CUSTOMER, the CUSTOMER typically put in a position to take advantage of the resources necessary to conduct a website with all functions declared in the specifications.
- VIRTUAL SERVERS Virtual Server service allows the customer to rent a portion of the server that can handle advanced applications and website hosting static or dynamic, for all uses that require processing power and memory, with all the functions declared in the characteristics techniques.
- DEDICATED SERVERS Provision of physical / logical resources by the SUPPLIER for the benefit of the CUSTOMER exclusively and with built-in features editable by the CUSTOMER, the CUSTOMER typically put in a position to take advantage of the resources needed to manage advanced applications and website hosting static or dynamic web and for all uses that require processing power and memory, with all the features stated in the specifications.
- HOUSING or COLOCATION Provision of physical / logical resources by the SUPPLIER to CUSTOMER in an exclusive built-in features and editable by the CUSTOMER, every resource is owned by the SUPPLIER and the CUSTOMER is granted in use.
- DOMAIN NAME Mnemonic name uniquely able to identify a resource in the IP network, the SUPPLIER performs, unless otherwise indicated, registration services and / or transfer of that name in the manner provided by each registry (ICANN, NIC, ...).
The delivery takes place according to the formulas: SHARED HOSTING, VIRTUAL SERVER, DEDICATED SERVERS, HOUSING, COLOCATION and DOMAIN NAME previously defined.
2. OBJECT OF THE AGREEMENT
The SUPPLIER proposes to the CUSTOMER the stipulation of conditions that allow to the same to receive the requested services with the features and benefits defined by the type chosen as reported in the technical product, an integral part of this agreement.
Each benefit defined as accessory to the service in the object of the contract, if requested by the customer also after the conclusion is subject to the conditions of this Agreement and is considered as a solid component of the service.
The agreement scheme applicable will be the leasing of things or the usage license for which the CUSTOMER will never acquire the property of services provided with the exclusion from this clause, for the effects arising, the procedures of domain name registration.
7Host does not allow anyone to upload on its servers:
- Illegal Material - reproductions of copyrighted works, music, video and audio or any other material that would violate State or Local regulations.
- Warez - Pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing recorded in clear or in encrypted form. This includes all sites that provide information about "Link to" and "How to" inherent in each of these elements.
7Host does not allow to use the web space as a repository, or as a tool to store files, backup and/or customer own material and/or downloaded from other websites, and/or storage systems for file image hosting or similar;
4. IMPROPER USE - Zero Tolerance
The customer must avoid violating certain rules unanimously agreed about the proper use of the Internet, such as restrictions on mass mailings and ads, piracy or reproduction of software, mail bombing, security breaches and other devices intended to damage the quality or access to services by other Internet users.
In case we detect information or data that indicate improper use of the server by the CUSTOMER, 7Host reserves the right to suspend services without notice.
7Host reserves the right to refuse the granting of services and / or access to its servers to anyone.
5. RESPONSIBILITY OF DATA
The CUSTOMER is fully responsible for the data are placed in the stable portion of memory reserved for him by the PROVIDER and for any dispute relating to the deployment of such data. Accept, with the signing of this agreement to exempt the SUPPLIER from liability in civil and / or criminal liability arising from the storage and diffusion of data he includes that would violate any existing rule and adoption in the future of this agreement.
The CUSTOMER is responsible for any copyright infringements caused by data or programs subject to copyright contained in the server and not expressly provided by the SUPPLIER and he will be required to absolve the SUPPLIER from any kind and types of charges, however, derived from such violations, as well as any violations made by the CUSTOMER in any way related to the use of the Services.
6. TECHNICAL ASSISTANCE AND MAINTENANCE
The PROVIDER provides technical assistance limited to the hardware and software for his own servers and the basic services mentioned. Are not included in the costs of this agreement, actions taken on equipments or faults directly attributable to inexperience of the CUSTOMER.
Any form of technical assistance to the customer concerning programming and / or management not directly related to the features offered and indicated in the technical product and directly attributable to services offered from the PROVIDER.
7. DURATION OF AGREEMENT
This agreement has a duration of 12 months and is automatically renewed unless either party fail to make notice of cancellation, by Express Mail, at least 15 days before of the expiration date of the Agreement.
8. SPAMMING - Zero Tolerance
In any case of Spamming reports, the services provided to the responsible of the abuse will be suspended without notice waiting for a review.
9. BANDWIDTH / CPU USAGE
7Host does not apply limitations to instantaneous bandwidth available to individual websites.
The Services are provided with a certain amount of Data Transfer (measured in terms of bytes per Month) included in the purchase price as specified in the Agreement or the Confirmation Order.
7Host reserves the right to discontinue providing services relating to an account that is using server resources in a manner likely to cause disruption to other users.
10. SERVER RESOURCES
Resources are defined as bandwidth and / or processor and / or energy supply utilization.
When it is verified that a website or customer service is jeopardizing all the available resources, 7Host reserves the right to suspend that site or service immediately.
Obviously, these measures are implemented in extreme circumstances and in any case everything is aimed to avoid the improper usage of the resources.
Customers can take advantage of an option which provides 7Host to continue to host the website or to delivery services at a cost of an additional fee.
The CUSTOMER shall pay fees in the manner described by the type of service or specified in the Supply Contract, before the date indicated on it. The CUSTOMER acknowledges any legitimate charge on the invoice costs of collection and communication.
The CUSTOMER has to ensure the regularity of their economic position to the SUPPLIER.
7Host reserves the right to terminate the services of a defaulting customer, resulting in termination of the contract, until the outstanding debt is paid.
No invoice will be sent via postal mail. All invoices will be sent directly to you via e-mail.
All payments shall be made in EURO.
12. 30 DAYS OF TEST (Only applicable to Shared Hosting services)
7Host will refund the entire amount spent by the customer, if he requires a refund within 30 days from the date of service activation of Shared Hosting.
13. CANCELLATION, WITHDRAWAL AND REFUND
7Host reserves the right to cancel the Service at any time, without the customer is able to make any claim, compensation and / or compensation for the period that has not used the service.
7Host reserves the right to suspend or cancel a customer's access to any or all Services provided where it is determined that the Service has been used inappropriately.
If Customer terminates from this Agreement before the expiration date he is still held
to pay the entire sum of economic fee for the contractual period of service not
enjoyed as a penalty rescissory. Customer acknowledges and agrees that the sums paid by the same will be retained by 7Host as a penalty, except in case the claim of additional damages.
7Host reserves the right to cancel and / or discontinue any service at its discretion.
In this case, cannot be held liable for damages caused 7Host about customers.
Customers may cancel their services at any time without the right to receive any refund and 7Host is henceforth entitled to retain any sums paid by the customer as a penalty, but the compensation for further damage.
14. LACK OF RESPONSIBILITY
Customers agree that he will have to bear, raise, maintain and defend 7Host from any disputes, liabilities, losses, costs and claims, including fees of legal representatives engaged against 7Host, its agents, its customers, its officers and employees, that could result from any service provided.
7Host assumes no responsibility for the materials stored on its servers by the Customer. In particular, the CUSTOMER agree to defend 7Host for:
(1) any injury to person or property caused by products sold or otherwise distributed in connection with the servers or services of 7Host;
(2) any material supplied by customer infringing or is presumed to violate the rights of third parties involved;
(3) offenses related to copyright;
(4) any imperfection related to products sold using the server or services of 7Host.
7Host not be liable for any damages suffered by the customer due to malfunctions of servers and services, including loss of data.
The service will be available under 24 (twenty four) hours of 24 (twenty four), however, for the specific structure of the network, where many entities are involved, no assurance can be given on the constant availability of the Service.
7Host no warranty of any kind, express or implied, regarding the services it offers.
7Host disclaims any warranty or convenience for a particular purpose.
This includes the loss of information resulting from delays, missed deliveries or incorrect and any interruption of service due to 7Host or its employees or third party providers. 7Host reserves the right to change its terms at any time.
For all disputes relating to this agreement the parties acknowledge the exclusive jurisdiction and subsidiary of the Forum of Chieti (ITALY).
In confirmation of this order give you expressly state that we paid particular attention to what provided about the contract proposal of supply, the price agreed, payment methods and following articles: Art.1 Definitions and mode of delivery; Art.5 Responsibility of data; Art. 7 Duration of the Agreement; Art.11 Payments; Art.13 Cancellation, Withdrawal and Refund; Art.14 Lack of responsibility; Art.15 Disclaimer; Art. 16 Jurisdiction; that we accept and approve the conditions of Articles 1341, 1342 Italian Cod.Civ.