Dedicated Server Service Order (SF/S/SFO/DS)

Italian version

This Service Order (SO) forms an integral and substantive part of the General Services Conditions (GSC).
The GSC and this SO establishes the terms and conditions for the supply of the Dedicated Hosting Server by Register.it to the Customer. The terms commencing with a capital letter, used in this SO shall have the same meaning attributed to them in the GSC. The commercial offer published online on the website Register.it forms an integral part of these conditions.

1 - Definitions Administration:
Any and all management operation on the Server. These operations include, but are not limited to, storage, transmission, update, distribution and configuration of data and/or applications etc. Datacenter: facility where the machines rented to the Customers under this agreement are housed together with other electronic equipment. The machines are connected to the Internet and supplied with electricity. Hardware: the machine (or machines) rented to the customer; KVM Access: ("Keyboard, Video Monitor, Mouse") means the remote access that allows the Customer to control his/her machine from another computer. Software: operating system (Linux or Windows) and additional software installed on the machine, depending on the offer purchased. Netiquette: a set of rules of conduct that, while not imposed by the government of any State, must be complied with when using the Internet, since they are shared by a large number of Internet users. Remote operations: any and all operations carried out from a workstation other than the systems console. Typically access to the server is through an Internet connection. Control Panel: Private online area on Register.it reserved to the Customer, accessible only after identification with login and password, allowing the Customer to manage the server.



2 - Description of the Dedicated Server Service

The Dedicated Server Service consists in the supply by Register.it to the Customer of a service comprising: - Hardware rental; - Housing service; - Initial supplying of the Operating System selected by the Customer during purchase process - Initial installation of additional software depending on the offer; - Description of installation procedure the Customer will perform through Control Panel - Connection of the machine to the network; - Internet bandwidth Register.it's servers are rented to the customer, the same are placed in the EU at the PoundHost Internet Data Center Ltd ("Poundhost"). The personal data and contents entered by the customer in the Server will be used exclusively for of Poundhost to Service and for the duration of the Service. The Dedicated Server Service is offered through various formulae, each featuring specific technical characteristics as updated and published on the Register.it website, together with the applicable economic terms. Register.it informs the Customer that it is not possible to enable both the Linux and Windows operating systems on the same server at the same time. The choice of the type of operating system (for instance, Linux or Windows) and type of server lies solely with the Customer who is fully responsible for the choice made. Throughout the period of validity of this Service Order, the Customer can install on the machine from the Control Panel the chosen Operating System there available. At the Customer's request to be forwarded through a procedure indicated on the Control Panel, Register.it may re-set the basic system installed on the machine during the period of validity of this Service Order, charging the related costs to the Customer. Upon resetting a new operating system, all the data stored on the machine at the time of the request will be lost. As a result, Register.it strongly recommends that customers make a full backup copy of all such data, under their own responsibility, before requesting a change of their operating system.


3 - Conditions for the Dedicated Server Service


HOUSING: The housing services consist in the custody of the hardware rented to the Customer, in Poundhost's datacenter in Europe. In any event, Register.it reserves the right to transfer the equipment to another datacenter that Register.it may deem fit, by giving written notice thereof, to the Customer. The service features and operating procedures for use by the Customer are as indicated in the offer. The Customer may use the software solely through remote access. The Customer will enter his/her passwords to access the dedicated server via the Control Panel. The Client is the sole responsible for the confidentiality of the passwords. For this purpose, Register.it recommends to take all necessary safety measures to keep passwords secret and protect the system from any abuse by third parties. Register.it shall provide the Customer with the passwords for administrator level access, with regard to which Register.it guarantees the Customer the greatest possible secrecy. However, the Customer is bound to change the assigned passwords upon initial access and conserve the same with the greatest confidentiality; accordingly, the Customer shall be fully responsible for any and all damage occasioned by the use of the aforesaid passwords by the third parties who become aware of the same as a result of the Customer's negligence. The Customer accepts and recognizes that he/she will never be allowed access to the datacenter.


HARDWARE: The Hardware rented to the Customer is covered by technical assistance provided by the manufacturers thereof, in accordance with the conditions and procedures established by the manufacturers in question. No further technical assistance shall be due from Register.it. No hardware intervention may be carried out on the assigned machine. The Hardware is not covered by insurance with regard to any and all the consequences of machine breakdown, such as, by way of example, the loss of data or infection by computer viruses. Accordingly, in all cases, the Customer shall be responsible to insure, at the Customer's own expense, the software and/or contents stored on the Hardware. In the case of machine breakdown, Register.it shall be bound to undertake repairs and replacements solely up to the limits indicated in the warranties provided to Register.it by the Hardware manufacturer. Customers interested in covering the risks arising from Hardware malfunction and/or breakdown, must independently stipulate specific insurance contracts in such regard, at their own cost and expense. The Customer shall be bound, under the Customer's own responsibility, to refrain from transferring the Hardware rental to third parties for any reason or cause whatsoever, and to respect and ensure that any and all third parties respect Register.it's rights on the Hardware. Subletting the Hardware rented by Register.it to the Customer, is furthermore expressly prohibited. The Customer may, at any time, purchase a different or another Dedicated Server service offer using the Control Panel. In such case, a new server will have to be ordered by the Customer and the corresponding new service contract will be applicable to the new server. The Customer is hereby informed that upon subscribing to another server offer, a new machine will be assigned to him/her and that there is no replacement or transfer procedure between the servers. Consequently, the Customer hereby (i) commits to make a backup copy of all the contents of his/her current machine before requesting the deactivation of the current server and (ii) accepts to set up and reconfigure entirely the data on the new server. Register.it will not be liable in any way in that respect.


SOFTWARE: The software installed on the servers is provided by leading software makers and can be used in different ways according to customer needs. Accordingly, Register.it informs and the customer takes note that the consideration for the service varies according to the different ways in which the software is used according to the customer's own choices. The detailed list of different possibilities of use are indicated in the offer.


INTERNET BANDWIDTH: Register.it undertakes to supply Internet connectivity. The bandwidth provided shall be as indicated in the offer. Register.it shall constantly monitor the bandwidth in fact used by the Customer. In any event, Register.it reserves the right to limit the bandwidth to the extent indicated in the offer, in which case Register.it may not be held responsible for service breakdowns arising from the Customer's breach of the bandwidth threshold.


TRAFFIC RESTRICTIONS: The Dedicated Server Service implies a limit on traffic as established in the offer. In the case where the Customer refuses to comply with the aforesaid provisions or where the aforesaid limit is exceeded, Register.it SpA reserves the right to withdraw from this agreement, without owing any amount whatsoever to the Customer in such regard. The Customer remains solely responsible for any of the direct and indirect consequences of such withdrawal.


SUPPORT: Register.it will provide support only for requests linked to Register.it's scope of responsibility as established under the present SO. The Customer will have to send a detailed ticket via his/her Control Panel. Support will be provided by Register.it only during normal working days, Monday to Friday, from 9am to 5pm, on a best effort basis.


KVM ACCESS: The Customer will be provided six units of ten minutes of KVM access to his/her machine. The Customer will have to request such access during working days and between 9am and 4pm. Such access shall be granted by Register.it as quickly as possible after the request has been received.


IP ADDRESSES: Several IP addresses will be associated to the server. The Customer accepts and recognizes that Register.it reserves the right to modify, following prior notice, the IP addresses allocated to the Customer. The Customer accepts and recognizes that he/she will have to update the DNS according to the IP address where needed accordingly.



4 - Customer's Obligations


RULES FOR USE: The Customer undertakes to use the Service in accordance with article 8 of the GSC and the provisions of this SO as well as any and all other applicable rules and regulations. Register.it shall not exercise any control or oversight over the content of the server managed by the Customer. For the entire term and duration of this SO, the Hardware shall be housed at Poundhost's datacenter and the Customer shall be bound, under the Customer's own responsibility and at the Customer's own expense: - to use the Hardware in accordance with any and all statutory provisions and other regulations, including local provisions, governing the operation and use of the Hardware; - to use the Hardware only for legal and lawful purposes; - to comply with any and all instructions that may be imparted by Register.it with regard to the appropriate and proper use of the Hardware.


ADMINISTRATION: The Client hereby declares he/she knows the nature of the Internet and the unmanaged dedicated hosting; in particular, the Client accepts and recognises that Register.it does not manage the Server. The Client hereby declares he/she has the required material, software, skills, resources etc. to manage and maintain the Server. The Client guarantees he/she will use the Service in compliance with the particular configuration and technical restrictions. BY SUBSCRIBING TO A DEDICATED SERVER, THE CUSTOMER ACKNOWLEDGES THAT HE/SHE BECOMES THE ADMINISTRATOR OF THE SERVER AND THAT HE/SHE IS THEREFORE EXCLUSIVELY AND SOLELY RESPONSIBLE FOR THE SERVER. The Customer is informed that Register.it does not provide any firewall or security services with the Server. The Customer must therefore take all necessary measures to secure the Server against any kind of hack, intrusion, intrusion attempts, attack etc. The Customer is informed that Register.it does not manage data and/or administrate the Server on the Customer's behalf in anyway. Besides, the Customer remains solely responsible for all the costs related to the Administration and management of the Server.


INITIALIZATION: The Customer accepts and recognizes that the server will only be available once he/she will have installed the Operating System selected during the purchase flow. Until then, the Customer accepts that the server will not be available. The Customer is therefore entirely responsible for installing the selected Operating System, following the modalities and procedures indicated by Register.it. The Customer accepts and recognizes that Register.it will not verify or control the correct installation of Operating System provided and will not accept any responsibility whatsoever in that respect.


DATA: The Customer accepts and acknowledges that the Customer shall be fully and solely liable and responsible for any and all activities undertaken through the Services, that may be directly or indirectly referable to the Customer, and in particular, the contents and notices inserted, published, disseminated and transmitted on or through the Services. In no event may Register.it be held in any way liable or responsible for any criminal, civil or administrative misconduct committed by the Customer through the Service. The Customer undertakes to defend, indemnify and hold Register.it harmless from and against any and all legal action, claims, costs or expenses, including reasonable legal fees, arising to Register.it as a result of the Customer's failure to comply with the obligations assumed and warranties provided through the acceptance of this agreement, and in any event, otherwise connected with or related to the Customer's use of the Services. The Customer furthermore undertakes to comply with the rules of Netiquette published on the website http://www.nic.it/NA/netiquette.txt. In particular, the Customer warrants that the Customer shall refrain from engaging, directly and/or indirectly, in spamming, that is to say, the sending, via e-mail, of messages that are not authorised, solicited and/or requested by the addressees thereof. Register.it points out that besides being prohibited under the rules of Netiquette mentioned above, spamming is also illegal under the provisions of Legislative Decree no. 196/2003 pertaining to the protection of privacy. In the case of the purchase, by the Customer (or for the intents and purposes of this article, the Reseller) of the service in question on behalf of third parties (final users), the Reseller shall be liable jointly and severally with the final user. Register.it reserves the right to immediately suspend the Service in the case where, at its sole discretion or through complaints received from third parties, Register.it finds that the Customer engages in activities that breach the obligations arising under the provisions of this article. In such case, the Customer, following notice, even via e-mail, from Register.it, shall immediately eliminate the causes of the complaint or provide suitable documents proving that the Customer's activities fully comply with all applicable rules and regulations. In the case where the Customer fails to reply to Register.it's notice, Register.it reserves the right to immediately terminate this agreement without prejudice to its right to the full payment of any and all consideration due hereunder, as well as its right to claim further damages by way of compensation for any and all harm or losses Register.it may sustain in such regard. The Client is informed that Register.it does not do any backup of data installed on the Server. Consequently, the Client shall do these backups, by the means of his/her choice on external storage devices and under his/her exclusive responsibility.


REBOOT: The Customer will be able to reboot the server via the control panel. The Customer accepts and recognizes that such reboot will be completed as quickly as possible after his action in the Control Panel. The Customer is informed that, as for any reboot of computer, data can be damaged and might not be recovered properly after reboot. The Customer shall take all necessary measures to avoid such damage and remains solely responsible in that respect.


REINSTALLATION: The Customer will be able to reinstall theOperating System, during the period of validity of the Service, via the Control Panel. Such reinstallation will be completed as quickly as possible after his action. The Customer formally accepts and recognizes that upon reinstalling the server, all the data stored on the machine at the time of the request will be permanently lost. As a result, Register.it strongly recommends Customers to make a full backup copy of all such data, under their own responsibility, before requesting the reinstallation of the server. The Customer hereby accepts that Register.it does not have any backup of such data. LOGS: The Client is informed that Register.it does not save any connection data to the Server, such as, but not limited to, data containing the IP addresses that connected to the Server. The Client therefore certifies to constantly take all measures to save the logs for the duration prescribed by the applicable laws and regulations, even after the termination of the present SO or any other agreement between the Customer and Register.it. The Customer will have to take all measures to limit damages or loss of files, memory, documents or any other element of the Server, specifically the logs. In this respect, the Client commits to duplicate all these files, documents and storage devices and secure them at all times. The Customer accepts and recognises that he/she will be responsible for providing the logs to the Authorities (Police, Justice etc.) upon request and he/she will be legally liable in that respect.


COMPLAINTS: The Client shall be bound to notify any anomalies in the service by filling the specific form available online at http://kiss-www.register.it/company/claim.html within 48 hours following the emergence of the anomaly in question. Failure to send the aforesaid notice as indicated above, shall exempt REGISTER.IT from any and all liability. DEVICES: Register.it does not provide the Customer title in any device whatsoever. Additionally, the Customer hereby accepts that he/she will never physically access the machine.



5 - Register.it's Liability:

Register.it undertakes to use the best technology of which it is aware and the best resources available to it to provide the Services covered under this agreement. Register.it warrants the proper functioning of the network equipment for Internet connectivity. Accordingly, Register.it may not be held liable for damages in respect of prejudice and/or anomalies arising during the supply of the Services, that are not directly imputable to Register.it or its subcontractors and/or that fall outside the latter's technical control, such as, but not limited to, (i) breakdowns on the telephonic and/or electronic networks (ii) breakdowns due to faults in equipment necessary to access the Service (iii) improper use of the equipment and/or procedures by the Customer or third parties to access the Server, etc. The Services shall be available on a best effort basis, save for the suspensions required to carry out maintenance operations. Register.it or its subcontractors shall not liable for any interruptions in service whatsoever, and undertakes to remedy the same as soon as possible. Register.it may, at any time, interrupt the service for documented reasons of data security and/or confidentiality, giving the Customer motivated notice thereof. Register.it may, at its sole discretion and for scheduled operations, change or revise for technical reasons, the functionality or characteristics of the Services, giving the Customer at least 5 days advance notice thereof, and in any event, ensuring adequate service functionality. Register.it may not in any case be held liable for Service breakdowns arising from events falling outside Register.it's reasonable control, such as, for instance: (i) unforeseeable circumstances; (ii) events caused by third parties, such as, by way of example, suspensions or breakdowns of telecommunications and/or electric power supply services or acts or omissions of the competent Registration Authority; (iii) breakdowns of the terminals or other communications systems used by the Customer. Register.it shall also be exempt from any and all liability in the case of the destruction, loss, theft, damage or deterioration, even only in part, of the Hardware, for any reason or cause that does not entail gross negligence on Register.it's part. In any event, any liability arising to Register.it towards the Customer by reason of prejudice deriving from this agreement, may not exceed the overall amount in fact paid by the Customer to Register.it in the twelve month period immediately prior to the occurrence of the event giving rise to the said prejudice.



6 - Term

As decided by the Customer during the purchase procedure or afterwards, from his Control Panel, 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 Control Panel 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 Control Panel 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 order to avoid discontinuation of service and/or loss of data, the Customer will have to renew the server at least 7 days before the expiry date. If renewal is paid by bank transfer, the Customer will have to provide Register.it with evidence of the payment before the expiry date of the server. The Customer hereby accepts that in case of late renewal, the server might not be available anymore and that the data might be deleted; the Customer exempts and relieves Register.it from any liability in that respect. 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.



7 - Consideration and Payments Consideration

Including the setup fee, for the requested Service shall be as indicated in the Offer. The contract for the supply of the Service shall be deemed to be exchanged and executed upon payment of the consideration for the Service, in keeping with the procedures indicated in the offer. The price for renewal shall be listed price applied by Register.it at the time of the Customer's request for renewal, and indicated in the Control Panel menu. The amount due for the Dedicated Server Service must be paid by credit card or using the other payment systems available on the Register.it website at the time of payment, after filling in the payment form during the registration procedure.



8 Characteristics of the Managed Server Option

8.1.1 This paragraph governs the Managed Server service provided by Register.it (known as Managed Server Option). The Managed Server Option is only available for dedicated or virtual servers purchased by Register.it and activated for the first time via the Service itself (hereinafter also referred to as "managed mode"). The special provisions in this paragraph are based, to the extent outlined below, on the regulations envisaged in this SO. Unless otherwise specified, the contractual terms of use for the various types of server purchased remain applicable and valid (dedicated or virtual) as specified in this SO.
8.1.2 On activation of the Managed Server Option, the Client accepts to receive the support of specialised personnel of Register.it who will carry out the main tasks related to server system management and configuration of the services of interest to the client. The Client will therefore not be authorised with administrator access to the system. The Client remains free to use the Web Control Panel to enable the configuration of routine server functions and management of the envisaged services and applications. The tasks of server administration performed exclusively by personnel of Register.it on explicit request by the Client, on behalf of the latter and in his/her name, are outlined in the Commercial Offer and regard, for example and not limited to: a) the initial configuration of the server, b) installation of the operating system selected by Register.it on the basis of needs submitted by the Client, and periodic updates to this system, c) the creation, storage and reset of passwords for access to the Web Control Panel, d) modifications to server settings, e) installation and updates to applications, f) installation and updates to firewalls and security patches according to Client requests, g) maintenance and updates to the system, h) monitoring to ensure correct operation of the server 24/7, i), set-up of FTP logs, HTTP and browsing logs notwithstanding the detailed specifications in art. 8.4, as well as all other routine service management activities as required or requested by the Client, within the functional limits established on the Web Control Panel supplied to the Client by Register.it.
8.1.3 On request by the Client, Register.it reserves the right to supply additional services with respect to those specified in the Commercial Offer and as stated in this SO, which will be agreed upon and outlined in advance with the Client.
8.1.4 Outside normal working hours (9-5 pm Mondays to Fridays) Register.it will only process requests for technical assistance if directly related to the system. This does not include, for example, the installation of products or services, modifications to configurations etc.
8.1.5 The Client acknowledges and accepts that the Managed Server Service does not include management by Register.it of relations with third parties supplying services activated independently by the Client on the server (e.g. licenses for applications or software).
8.1.6 The IT resources provided via the Service may be used by the Client in a variety of ways. Register.it is not aware of how the Client uses the IT resources provided via the Service. However Register.it underlines that certain uses by the Client of these resources, provided via the Service, are subject to specific obligations related to current regulations in force. For example, but not limited to, note that in the case where the Client uses IT resources provided via the Service, to in turn supply "electronic communication services accessible to the public on public communication networks" (e.g. email services), the Client is obliged to fulfil specific requirements related to personal data protection and traffic data storage. For this purpose, it must be noted, as already mentioned, that these obligations refer exclusively to the Client him/herself and therefore must be fulfilled by the latter and not by Register.it.

8.2 Obligations and Responsibilities of the Client

8.2.1 The Client undertakes to provide Register.it with correct, complete and truthful information and to keep this information updated at all times.
8.2.2 The Client may use the server via the personal Web Control Panel, independently using the related functions therein. The Client undertakes to use the Web Control Panel for independent routine management of the services he/she requires, on entry of the personal access passwords, accepting sole responsibility for any damage that may derive from improper use of the said passwords or unauthorised use by third parties.
8.2.3 The Client undertakes to use the Service in conformity with the provisions of art. 8 of the General Service Conditions and the specifications in this SO, as well as all other applicable regulations and standards, with exclusive responsibility in accordance with the law. Therefore, for the entire application and duration of this SO, the Client is obliged, under his/her sole responsibility and at his/her personal expense, to: - use the server in compliance with legal provisions, applicable regulations and standards, including local legislation, governing the operation and use of servers; - use the server exclusively for legitimate and legal purposes; - observe all and any instructions provided by Register.it regarding the appropriate and correct use of the hardware and software installed.
8.2.4 The Customer acknowledges and accepts that Register.it and subcontractors whose services it uses, can process the data included on the server in performing services under this contract. This access is limited to operations requested by the Client and strictly necessary to allow the latter correct use of the server.
8.2.5 The Client acknowledges and accepts that he/she is the sole party responsible for the correct and legal use of the data and contents present on the server and for their storage in accordance with legislation, undertaking to adopt suitable technical and legal measures for this purpose. The Client acknowledges and accepts that Register.it does not implement any control or supervision of the data, programs, applications and contents present on the server. The Client acknowledges and accepts that he/she is solely responsible for any and all activities performed via the server, as well as any operations performed via the Web Control Panel and/or via the applications downloaded via the latter, notwithstanding the express exclusion of Register.it from liability for any damage arising from such activities. Under no circumstances may Register.it be held responsible for any conduct in breach of the law or detrimental to the rights of third parties by the Client in the use of the server and/or related to the contents stored therein. The Client undertakes to defend, waiver and release liability of Register.it, all companies controlled by or associated with the latter, and any third party suppliers of technology, from and against all legal action, claims for damages, disputes, costs or expenses, including legal fees, potentially submitted to Register.it for this purpose.
8.2.6 The Client acknowledges that Register.it will manage the server backup procedures within the limits of the selected Managed Server option and according to the specifications of the public offer. The backup management service will only be provided if:
1) The Client has purchased the Backup product required and separately with respect to the Managed service;
2) Management applies exclusively to Backup solutions offered by Register.it and from the date of purchase of the selected solution;
3) Backup management will be limited to the specifications of the Backup solution purchased.
8.2.7 The Client is the sole party responsible for confidentiality of the passwords for access to the Web Control Panel. For this reason, Register.it recommends that the Client implements suitable security measures to keep passwords confidential and to prevent abusive access to the system by third parties.
8.2.8 Notwithstanding the specifications of paragraph 8.5.3, the passwords for access to the server as system administrator, held by Register.it, shall not be shared. Furthermore, access to the data centre is strictly prohibited under all circumstances.
8.2.9 The client acknowledges and accepts that no changes to the server configuration may be made independently by the Client. In the event that the Client, on his/her own initiative makes changes to the configurations set by Register.it, the Client will be exclusively responsible for these changes.
8.2.10 If the Client intends to use the server to perform services governed by specific provisions of standards, or requiring the implementation of special security or protection measures, this must be duly reported to Register.it. In the absence of indications to this effect, Register.it will apply standard security and protection measures.
8.2.11 The Client is obliged to report any anomalies in the service, by compiling the "Complaints" form accessible from the web site. The complaint should be sent within 48 hours of the occurrence of the fault in question or from when the latter is detected. Failure to send this information within the said time frame will release Register.it from all liability related to the service failure.
8.2.12 Re-installation of the operating system is only admitted on explicit request of the Client to the technical personnel of Register.it. On re-installation of the new operating system, all data stored on the machine at the time of the request will be lost. In the event of the above request, Register.it strongly recommends that the Client makes a complete backup of all the aforesaid data, with the exclusively responsibility of the Client for this operation, before requesting a change of operating system. If the selected Managed Server option envisages the backup service, we invite the client to contact the technical staff of Register.it to agree upon a restore plan before proceeding with a request for re-installation. In the absence of the above agreement, data restore by Register.it will be limited to the information saved during the last backup operation completed. If such an agreement is not made, Register.it declines all liability for the loss of data, information or any other item present on the Server.
8.2.13 The client acknowledges and accepts that the management and update of DNS zones of domains pointed to services and located outside Register.it premises will be at the exclusive responsibility of the client, including any fees for updates to the zones of the DNS following changes to the IP address. Register.it may not be held liable in any way for any service failures following failure to update the DNS or errors in pointing the latter.

8.3. Obligations and responsibilities of Register.it

8.3.1 In providing the Service Register.it undertakes to use the best technology available to its knowledge and the best resources at its disposal. Consequently Register.it may not be held liable for damage deriving from prejudice and/or anomalies arising during supply not directly attributable to Register.it, or which are not within reasonable control of the latter, such as but not limited to: (i) events depending on actions by third parties (e.g. interruptions or malfunctions of services provided by telecommunication operators and/or of electrical lines, or actions or omissions of hardware or software suppliers); (ii) damage due to faults on equipment required for access to the Service (iii) improper use of the equipment and/or procedures for access to the server by the Client or third parties; (iv) events caused by force majeure. In any event, the responsibility of Register.it with regard to the Client may never exceed twice the total sum paid by the Client in the 12 months prior to the event causing the aforementioned damage incurred. 8.3.2 Register.it shall also be exempt from all and any type of responsibility in the event of destruction, loss, theft, damage or deterioration, even if only partial, of the server and its contents for any reason or cause that is not attributable to serious negligence by Register.it.
8.3.3 Register.it may at any time and without the obligation to provide notice, put in place routine update or maintenance operations aimed at ensuring adequate security of the server, undertaking to create minimal disruption to the Client. In the event of special maintenance requirements, Register.it will provide the Client with advance notice of this event. At its own discretion, Register.it may modify or revise, for technical reasons, functionalities or characteristics of the Services, with due notification to the Client.

8.4. Data

Controller according to Leg. Decree 196/2003 (Italy) With reference to establishing this contractual agreement, the Parties acknowledge that they are reciprocally informed in accordance with art. 13 of Leg. Decree 196/2003 (Italy) governing personal data protection (hereinafter: "Data Protection Code" or "Code") and are obliged to process the relevant data in full compliance with the applicable regulations. As part of using the Service provided by Register.it, in particular, the Client acknowledges his/her role as Controller of all personal data and data of any third party subjects interacting with the Client him/herself and/or with the related web site. Therefore, with regard to the processing of personal data of the aforementioned third parties, and with particular reference to the provision of technical services subject to the supply of the Service purchased by the Client, or to requests by the latter for technical assistance, Register.it will act as Controller in accordance with art. 4 subparagraph 1 of the Code.


8.5 Duration

8.5.1 The duration of the Managed Server Option is selected by the Client during the procedure for purchasing the associated dedicated or virtual server. The Managed Server Service may expire a) with or b) without tacit renewal. a) In the case of expiry with tacit renewal and payment by credit card, the fees as outlined in the article "Fees and Payments" will be charged directly by Register.it on the credit card specified by the Client to Register.it when signing up for the service with automatic renewal by the Client, according to the terms and conditions applicable at the time of renewal, as indicated in the Control Panel following notification by email. If Register.it is unable to charge this payment to the credit card, the contract cannot be renewed automatically and will be considered permanently terminated on the envisaged date of expiry. In this case, the Client may renew the service according to the procedure outlined below. In the case of expiry with tacit renewal and payment with methods other than by credit card, 20 days before the expiry date Register.it will arrange for renewal and will send the relative invoice to the Client. This invoice must be paid according to the terms envisaged herein. The invoice and instructions for payment will be sent by ordinary post to the address registered in the archives of Register.it at the time of the order or to a different address provided by the client following notification of changes to personal data. If the Client does not proceed with payment according to the envisaged terms, Register.it is entitled to suspend the service at any time, notwithstanding the specifications of article 6 of the General Service Conditions, and may engage a credit recovery company and/or a legal consultant of their choice to proceed with recovery of the credit plus interest with the option to charge for legal costs. b) In the case of expiry without tacit renewal, the Client may request renewal of the Service with this SO from Register.it, for additional and subsequent periods within the terms stated on the Client's Control Panel and according to the technical and pricing terms applicable at the time of Service renewal, following the renewal procedure as outlined by Register.it. If not renewed according to the terms and conditions outlined above, on expiry, this SO will no longer be valid and the relative Service will be terminated, without the requirement that Register.it sends notification, with no liability of Register.it for the maintenance and/or storage of data, contents or configurations applied prior to this date.
8.5.2 The Client may withdraw from the agreement before the agreed expiry date, with advance notice of 15 days, sent in writing to Register.it. In this case Register.it is not obliged to reimburse any sum for the Service paid for but not used by the Client. In this particular case the Client undertakes to make a backup copy of the entire contents of his/her current machine before requesting deactivation of the current server, thereby releasing Register.it from all liability related to this service. 8.5.3 In all cases of terminating or withdrawal to all effects and purposes from this contract, including the cases of expiry and failure to renew the said agreement, Register.it will inform the Client of the methods of temporary access to the server to enable the Client to set new credentials for access to the server as system administrator, in order to enable use in "unmanaged" mode. From the time of this notification, Register.it is released from any obligation to manage or maintain the server and any other responsibility related to server administration, transferring these obligations exclusively to the Client.


8.6. Fees and Payments

The fees for the Specialist Assistance Service, including costs for set-up, are as indicated in the Commercial Offer sent to the Client. The contract for the supply of the Service is considered concluded and fulfilled on payment of the fee for the selected Service, in accordance with the specifications of the Offer. The cost of renewal shall be as stated by Register.it at the time of requesting renewal by the Client, and indicated in the menu of the Control Panel. The sum due for the Service must be paid by credit card or using other methods available on the web site of Register.it when making the payment, after compiling the payment form during the registration procedure.

In the case of installing a Microsoft operating system, the terms and conditions of additional use to be observed are established by the software manufacturer, and can be downloaded in the section below: Microsoft Terms & Conditions - Services Provider Use Rights (SPUR)



9 - Subcontractors

The Register.it Server are rented to the Customer and are placed in the EU at the PoundHost Internet Data Center Ltd. located in Acton House, Perdiswell Park, Worcester, WR3 7GD English company belonging to the DADA Group and duly appointed Head of treatment under Article 29 of the Code.