This Service Order ("SO") is an integral and substantial part of the General Terms and Conditions of Service ("GCS") of Register S.p.A. The GCS and this SO set out the terms and conditions for the provision of Web Hosting services by Register.it .to the Customer. All capitalised terms used in this SO have the same meaning as defined in the GCS. This Service Order ("SO") is an integral and substantial part of the General Conditions of Service ("GCS") of Register S.p.A. The GCS and this SO establish the terms and conditions for the supply of Web Hosting services by Register.it to the Customer. All capitalised terms used in this SO have the same meaning as defined in the GCS.
The commercial offer of WePanel Hosting services published online on the website of Register.it forms an integral part of these terms and conditions.
Register.it adheres to the CISPE code of conduct - Cloud Infrastructure Services Provider in Europe. You can find the relevant documentation here
1 - Description of the Service
The Service is activated by the Customer following the purchase, by clicking on the relevant button in the control panel and consists in the provision by Register to the Customer of a storage space on the hard disk of its own server, dedicated to the sharing of web content via http and/or https protocols. The technical specifications and details relating to the Service are visible on Register's website in the product channel relating to the Service itself. Register does not provide any physical equipment directly to the Customer. The servers of Register through which the Service is provided are located at its server farm in the province of Milan, Italy, and at the server farm in Reading, Berkshire, United Kingdom.
The Service is offered through various solutions, each of which is defined by particular technical characteristics. The possible solutions are published up-to-date on the Register website, indicating the technical differences and the relevant economic offer. Register reserves the right to formulate promotional offers also during the course of the contract, which will be highlighted and advertised on the website, in which case the conditions and terms set out therein shall be observed, especially with regard to compliance with memory space and traffic limits. The choice of the type of platform (e.g. Linux or Windows) on which to activate the Service is the sole responsibility of the Customer, will be chosen at the time of purchase and cannot be changed subsequently. The Customer, therefore, assumes total responsibility for the correctness of the choice made in relation to his/her own needs.
2 - Conditions of use of the Service
The Customer undertakes to use the Service in accordance with Article 5 of the GCS, this SO and any applicable rules, including regulatory ones.
2.1 - Association with a Domain Name
The Service is provided by Register in association with Domain Names that at the time the Service is activated (i) are at Register as Maintainer; (ii) are maintained in the same control panel in which the Service is activated and use the DNS of Register; (iii) are at Register as Maintainer and Owner, made available by Register for the Customer free of charge, to try the Service even without a registered Domain Name; (iv) are maintained by third party providers that do not use the DNS of Register.
2.1.1 - Service on Domain Names maintained by Register
In the case of Domain Names maintained by Register as Maintainer, the Customer agrees that if during the term of this contract the Customer does not renew or transfers the relevant Domain Name to another Maintainer or decides to change the DNS associated with the Domain Name from those of Register to DNS of third party providers, the Service will expire and all data on the space provided with the Service will be deleted without any responsibility of Register for maintaining and/or saving the same. It shall therefore be the Customer's responsibility and liability to save the data on a different medium before the transfer, non-renewal of the Domain Name or DNS change to a third-party provider.
2.1.2 - Service on Domain Names maintained by third-party providers
In the case of Domain Names maintained by third-party providers and therefore not maintained by Register, the Customer shall associate the purchased Service with the Domain Name of which it is the holder at a third-party provider.The Customer accepts and agrees that if, during the term of this contract, it intends to associate the Service with a Domain Name different from the one identified when purchasing the Service, the data entered up to that moment will be automatically deleted, releasing Register from any liability in this regard.In this situation, it will then be the Customer's responsibility to save the data on a different medium.
2.2 - Use of resources related to the Service
All data and contents of the web space and databases granted through the Service are and remain the exclusive property of the Customer. Consequently, the Customer assumes any and all responsibility for such data and their content. Any operation carried out on the web space or databases associated with the Service is the sole responsibility of the Customer.
In the case of purchase on behalf of a third party, the Customer shall be responsible for the data entered into the web space granted through the Service on behalf of the third party.
Register reserves the right to immediately suspend the Service if, in its sole discretion or following a report from a third party, it considers, on the basis of the elements acquired or that can be acquired through the content entered by the Customer into the disk space or databases, that activities are being carried out that violate the law, mandatory rules, morality, this SO and/or the GCS. In this case, following notification by Register, the Customer is obliged to eliminate the causes of the dispute or submit suitable documentation proving full compliance with the regulations in force of the activity carried out by him/her.In case of purchase of the Service on behalf of a third party, Register reserves the right to contact directly any third party user of the Service. In the event of failure to respond immediately, Register shall have the right to cease providing the Service from which the illicit and/or unauthorised activity was derived, without prejudice to the right to full payment of the fee and the right of Register to act for full compensation for any damages suffered.
2.2.1 - Disk Space and Content
The disk space limit specified in the offer published online at Register may not be exceeded by the Customer.If the Customer exceeds this limit, Register will suspend the Service until the Customer either resizes the space occupied within the contractually specified limits or purchases a superior solution of the Service with consequent adjustment of the technical platform.In the absence of such adaptation Register cannot be held responsible for malfunctions of the site.
Register offers, with certain plans of the Service, unlimited space. In order to guarantee the stability of the platform and to prevent the platform's disk from filling up uncontrollably, Register may discretionally set a symbolic limit (50GB) to the customer's disk space at the time of activation. In the event that the customer needs to use more space, he/she may request it before this limit is reached in order to avoid incurring the impossibility of adding new files, free of charge through technical support, which will extend the available space as soon as possible.
The disk space associated with the Service must be used solely and exclusively for saving content usable through the website linked to the Service and/or for files/libraries directly used by the web pages.Uses of space for backup purposes, file sharing via http/https/ftp or any other form of saving data that is not provided through the website associated with the Service with appropriate http or https links shall not be considered valid for the purposes of this SO.
The following shall not be considered compliant with this SO, by way of non-limiting example
- archives of videos or photos not published through appropriate photo/video gallery software;
- archives of webcam images published via FTP every N minutes;
- backup of one's own computer content;
- backups of one's own site or other content;
- backups of one's own databases (excluding those made by Register);
- the use of CMS plugins (WordPress, Joomla, etc.) that automatically save a backup locally.
- backups of backups.
- Uploading or downloading of files with dimensions equal to or greater than 100MB is not permitted; therefore, the uploading or downloading transfer of files equal to or larger than said dimensions could be prevented on a technical level.
Listed below are other types of material that are not allowed on the disk space associated with the Service:
- IRC scripts;
- Child sexual abuse material
- Audio/Video Streaming;
- Proxy scripts/Anonymizers;
- Pirated software/warez;
- Pages containing links to pirated material/warez;
- Pages exclusively containing lists of files for download;
- IP Scanners;
- Bruteforce scripts;
- Mail-bombing/Spam scripts;
- File dumps or Mirror scripts;
- Sites promoting illegal activities;
- Fraudulent/phishing sites;
- Scripts for uncontrolled emailing;
- Blogs or forums where it is possible to post comments without any moderation and/or without any verification that the person posting a comment is really a person and not a script (CAPTCHA type);
- Copyrighted material for which the Customer has no right of publication
- Executable files (e.g. .EXE)
- Image files of archives (e.g. .ISO)
If the Customer breaches the obligations listed above, Register reserves the right to discontinue the Service and terminate the contract for the Customer's fault. The Customer shall comply with the technical indications that Register wishes to provide in the event that he/she has inserted programmes or applications incorrectly in his/her space. In the event that the Customer does not want to comply with the aforementioned indications or the aforementioned space limit is exceeded, Register reserves the right to terminate this contract, without owing anything in economic terms to the Customer.
The files, software and contents of the Customer's space are the responsibility of the Customer. If these, by their own will, due to lack of updating or errors in writing code, affect the vulnerability of the system such as to allow access by intruders and/or are exploited by the Customer himself or by third parties, authorised or unauthorised by the Customer, to indirectly damage the services provided by the platform, Register reserves the right to intervene and suspend the Service until the Customer restores normal security conditions.
The security of access and users is the responsibility of the Customer. The Customer undertakes to keep in the utmost secrecy and security accesses such as FTP users, MySQL or other databases, authentication to CMS, operating the best practices that guarantee such security, such as the choice of sufficiently complex passwords, the use of the password suggestion tool, the regular modification of such passwords, the modification of such passwords in case of suspected, presumed or verified compromises, the updating of the code of the installed software and CMS, the verification of the security of templates, plug-ins and software before their installation in the Hosting disk space. Register is not liable for loss of data or compromise, misuse, damage due to insufficient security level applied by the Customer.
The servers hosting the customer's hosting space may be located at the datacenter in Reading, UK, or at the datacenter in Milan, IT. The Customer may contact technical support to request the location of its hosting space. The Customer, upon express request justified by legal or specific needs, may request the relocation of its Hosting space at a datacenter other than the one on which it is hosted.
Register is responsible for synchronising the server clocks and monitoring the same; the Customer is thus guaranteed the uniformity of the times recorded in each operation and log. The Customer may not request any modification of this synchronisation or change of time zones.
2.2.2 - Database Space
The database space limit specified in the offer published online at Register refers to the size of the individual database and may not be exceeded by the Customer. If the said limit is exceeded, Register shall block access to that database from the platform providing the Service until the Customer resizes the space occupied within the contractually specified limits or proceeds to purchase a superior solution of the Service with consequent adjustment of the technical platform. In the absence of such adaptation Register cannot be held liable for site malfunctions resulting from the blocking of access to the database that has exceeded the maximum size allowed.
2.2.3 - http, https and ftp traffic
The Service includes a traffic limit defined in the offer, which in any case will not be in addition to the traffic that Register makes available with the Domain Name registration. The traffic limit in the product sheet is intended as the sum of the traffic of the http, https and ftp services. It should also be noted that in the event of an upgrade or downgrade with the purchase of a different solution of the Service, the traffic limit shall be that provided for in the different solution purchased and not a sum of the two solutions. If the Customer exceeds this limit, Register shall suspend the Service until the first day of the following month or until the Customer proceeds to purchase a solution of the Service that has a higher traffic limit. In the absence of such adjustment Register cannot be held responsible for any malfunctioning of the site. Any traffic unused in the previous month shall not be added to the traffic available for the following month.
The Customer acknowledges that the http/https/ftp traffic is strictly functional to the delivery of the website and its accessory files. Register reserves the right to suspend the Service if http/https/ftp traffic is used for the delivery of content described as invalid for the purposes of this SO in the paragraph "Disk space and content".
The Customer is aware that Register uses automatic systems capable of identifying malicious access, brute force and compromise of individual files and/or entire Hosting spaces; in the event of a successful or attempted compromise, regardless of whether the Customer is aware of it or not, Register reserves the right to activate automatic protection processes such as
- blocking authentication with a specific user
- blocking the IP address from which the traffic originates
- blocking the domain from which the traffic originates
- blocking http access to one or more compromised files
- removal of files or directories that may compromise the status and/or security of the service
- suspension of the Hosting account
- cancellation of the Hosting account
2.2.4 - Server and Platform Resources
For the purposes of the provision of its website, by way of non-exhaustive example, the Customer shall not be permitted: to
- exceed 20% of a server's total resources (CPU, RAM) for more than 60 seconds;
- exceed the number of 100,000 files or directories (inodes) within the space made available with the Service
- exceed the number of 5,000 files (inodes) within the same directory;
- exceed the number of 1,000 tables within the same database;
- send more than 2,000 emails in the same day;
- execute stand-alone scripts, executed in daemon mode, that are not directly related to the delivery of a web page (excluding the 'cron' functionality provided with the Service)
- execute database queries lasting longer than 15 seconds;
Even in such situations, Register reserves the right to suspend the provision of the Service and possibly withdraw from this contract, without owing anything in economic terms to the Customer, except always compensation for further damages.
2.2.5 - Platform migrations
The Customer acknowledges and accepts that in the normal course of business Register may have to migrate the Customer's Service to a new platform with similar characteristics. The migration process may generate a service down in relation to the volume of disk space occupied by the Customer on the platform. In relation to the duration of the down and the predictability of the down, Register will give due notice of the planned migration actions.
2.2.6 Regulations on hosting of insurance products
The Customer acknowledges and accepts that, in accordance with the provisions of the Italian Insurance Supervisory Authority (IVASS), where the provision of hosting services to an applicant for the assignment of a domain name is referable to the promotion/offer of insurance products (such as, merely by way of example, those containing the terms insurance, policy(s), agency(ies), broker(s), rcauto, temporary, 5days, or similar), the applicant must be a party registered in the RUI or in the Register of Companies, which can be consulted on the website www. ivass.it or at the following links: https://servizi.ivass.it/RuirPubblica/ and https://servizi.ivass.it/Albi/defaultImprese.jsp?view=albi&viewSet=imprese.
Register reserves the right to interrupt, revoke and/or suspend the Services which, even following subsequent checks, prove not to comply with the provisions of Article 78 of IVASS Regulation no. 40/2018, as well as in the event of a breach of the above provisions or a request by the competent authority.
2.3 - Additional Services
Register offers certain additional services free of charge with certain Service plans, as listed below.
2.3.1 - Softaculous/AppManager
In order to allow the Customer to install the most popular CMS (e.g. WordPress, Joomla! Etc.) directly from the panel, Register provides the Customer with the Softaculous software owned by Softaculous Inc. available in some Service plans under the name AppManager and installed on Register's servers. The Customer acknowledges that the Softaculous software is offered "as is", without any guarantee, either explicit or implicit of operation, exonerating Register from any liability in case of malfunctioning or loss of data caused by problems with the software itself.
2.3.2 - phpMyAdmin
In order to allow the Customer to manage its own MySQL databases, Register provides the Customer with the phpMyAdmin software available in certain Service plans, installed on Register's servers. The Customer acknowledges that the phpMyAdmin software is offered "as is", without any warranty of any kind, either express or implied, and releases Register from any liability in case of malfunction or loss of data caused by problems with the software itself.
2.3.3 - WePanel
In order to allow the Customer to manage the functionalities related to its Hosting product, Register provides the Customer with the WePanel software installed on Register's servers. Access to WePanel is done by single sign on from the relevant sections of the Customer's control panel. The single sign-on is performed by a call to the WePanel API, over an encrypted channel in SHA-256 with a DV certificate. The Customer can also authenticate directly into WePanel from port 2443 of the server on which the Hosting service resides with username and password. The password is not provided in the first instance but the Customer can obtain it by following the password recovery procedure using his username and with double verification by sending a code to the Customer's email.
2.3.4 - WePanel Reseller
In order to allow the Customer to manage the functionalities related to its Hosting Reseller product, Register provides the Customer with the WePanel Reseller software available in certain Service plans, installed on Register's servers.
2.3.5 - Backup and Recovery via Superbackup
Register provides a backup service carried out on a server separate from the server providing the hosting service. The backup is carried out daily for 7 (seven) consecutive days, during night hours. The backup is carried out by Register to guarantee disaster recovery and is also made available to the Customer for the recovery of its own data.
Register undertakes to make, maintain and manage the backup with the best possible expertise; the Customer exonerates Register from any liability in case of loss of data during the recovery of the backup.
In order to allow the Customer to manage the backups of its WePanel account, Register provides the Customer with the Superbackup software, installed on Register's servers. The Customer acknowledges that the software is offered "as is", without any guarantee, either explicit or implicit of operation, exonerating Register from any liability in case of malfunctioning or loss of data caused by problems with the software itself.
2.3.6 - Free SSL Certificate associated with the Hosting Service
If the Hosting Service includes a free SSL Certificate, its use must cease with the termination of the Hosting Service with which the SSL Certificate is associated.
The Customer acknowledges that the Certificate can only be associated with the Hosting package initially purchased and cannot be exported or used on another Service.
In the event of renewal of the Hosting Service including a free SSL Certificate, Register reserves the right to provide the Customer with an SSL Certificate issued by a different Certification Authority or an SSL Certificate that has partially different characteristics from the one initially provided.
Furthermore, Register reserves the right to modify the procedures for issuing and renewing an SSL Certificate, in order to ensure the correct provision of the Service or to comply with the information and procedures required by the Certification Authority issuing or renewing the SSL Certificate.
The Customer undertakes to comply with the contractual documentation, policies, manuals and regulations laid down by the Certification Authority that issued the SSL Certificate.
Depending on the Certification Authority that issued the SSL Certificate, the Customer is informed that the following documents shall apply
(i) for SSL Certificates issued by the Let's Encrypt CA, the Customer declares to have read and accepted the documentation relating to the SSL Certificates published by the CA at the link
https://letsencrypt.org/repository/
(ii) for SSL Certificates issued by the ZeroSSL CA the Customer declares to have read and accepted the documentation relating to the SSL Certificates published by the CA at the link
https://zerossl.com/terms/
(iii) for SSL Certificates issued by the Symantec CA, the Customer acknowledges and accepts the "SSL Certificate Service Order" of Register published at the link
https://www.register.it/company/legal/ods-certificati-ssl.html , to be intended as an integral part of this Hosting SO, and the documentation relating to "Symantec SSL Certificates" from the Symantec CA, available at the link Repository http://www.symantec.com/about/profile/policies/repository.jsp
2.4 - Responsibility of Register
The Service shall be available 24 hours a day for 7 (seven) days a week, excluding and excepting possible suspensions for maintenance work. Without prejudice to Article 6 of the GCS , Register shall not be liable for any interruption of the Service, which it agrees to restore in the shortest possible time and which is not attributable to fraud or gross negligence on the part of Register. Register may, at any time, interrupt the Service if there are justified security reasons and/or guarantee of confidentiality, in which case it shall inform the Customer.
Register is responsible for the security of the proprietary applications and consequently of the code released within the service provisioning systems and service delivery interfaces. Register develops and deploys code changes in a secure manner, using a separation of development, test and production environments, using test and code coverage procedures for automatic and manual quality validation, and maintaining strict code versioning standards to facilitate deployment and roll back activities. Register ensures that all access to code, production environments and traffic data are strictly technically constrained and reflect official authentication levels and permissions. Register performs periodic and at each production release checks for the presence of known OWASP vulnerabilities (https://www.owasp.org/images/c/c9/OWASP_Top_10_-_2013_-_Italiano.pdf).
Without prejudice to the provisions of Article 6 of the GCS , Register shall in no case be held liable in the event of malfunctioning of the Service due to events beyond the reasonable control of Register such as, but not limited to:
- events of force majeure
- events dependent on the actions of third parties such as, but not limited to, the interruption or malfunctioning of the services of telecommunications operators and/or power lines or acts or omissions of the competent Registration Authorities
- malfunctioning of the terminals or other communication systems used by the Customer.
2.5 - Complaints
The Customer shall notify any irregularities in the Service by registered letter with return receipt within the next 48 hours. Failure to report in the manner and within the time limits set out above relieves Register of all liability.
3 - Duration
This SO, depending on the choice made by the Customer during the purchase procedure or later from its control panel, may last one year or several years, without prejudice to what is defined in the paragraph "Service on Domain Names maintained by Register". Renewal upon expiry may be automatic or manual.
3.1 - Expiry with automatic renewal
In the case of expiry with automatic renewal and payment by credit card, the fees set out in the following paragraph "Fees and Payments" shall be debited, under the terms and conditions existing at the time of renewal, as indicated in the control panel, directly by Register from the Customer's credit card, after notification by e-mail. If it is not possible for Register to proceed with this debit, the contract cannot be renewed automatically and the contract shall be deemed to have expired within the term. In this situation, the Customer may renew the Service by following the manual renewal procedure.
In the case of expiry with automatic renewal and payment by a system other than credit card, Register will, 20 (twenty) days before the expiry date, proceed, after notification by email, to carry out the renewal and send an invoice to the Customer, which must be paid within the terms set out therein. The invoice and related payment instructions will be sent by surface mail to the address stored in the files at the time of the order. In the event that the Customer does not pay within the terms provided, Register may interrupt the provision of the Service at any time, except as provided for in Article 4 of the GCS . In this case, all data on the space provided with the Service will be deleted without any responsibility of Register for maintaining and/or saving the same.
3.2 - Expiry with manual renewal
In the case of expiry with manual renewal, the Customer may request Register, through the online procedure made available by Register, to renew the Service with this SO for further and subsequent periods within the terms that will appear on the Customer's control panel and at the technical and economic conditions in place at the time of renewal of the Service and by performing the renewal procedure.In the event of failure to renew, in the form and within the terms indicated above, upon expiry the Service shall cease to be provided and this SO shall cease to produce its effects by right, without the need for any communication from Register. In this case, all data on the space provided with the Service shall be deleted without any responsibility of Register for maintaining and/or saving the same.
3.3 - Termination of the Contract
In any case of termination of the effects of the contract and/or in the event of non-existence of the above Terms of Service, in addition to the deactivation of the functions referred to in the offer, all data on the space made available with the Service shall be deleted with the exclusion of any and all responsibility of Register for maintaining and/or saving the same.
It shall therefore be the Customer's responsibility to save the data on a different medium before the expiry date if it does not intend to renew the Service.
4 - Fees and Payments
The Fees for the provision of the Service requested are indicated in the Offer. The provision of the Service shall be deemed agreed upon from the moment of payment of the Service fee by the means indicated in the Offer. The renewal price shall be the list price applied by Register at the time of the request by the Customer and resulting from the control panel.
5 - Data Controller in accordance with Reg. (EU) 679/2016
With reference to the establishment of this contractual relationship, the Parties acknowledge that they have mutually informed each other in accordance with Reg. (EU) 679/2016 and the Personal Data Protection Code (hereinafter: "Privacy Code" or "Code") and undertake to carry out any processing of personal data in full compliance with the applicable legislation.In the context of the use of the Service provided by Register, in particular, the Customer acknowledges that it acts as Data Controller of the personal data of any third parties that interact with the Customer and/or its Website.
With respect to the processing of the personal data of such third parties, therefore, and with specific reference to the provision of the technological services underlying the supply of the Service purchased by the Customer or to any of its requests for technical assistance, Register shall act as Data Processor as defined in article 4 paragraph 1 letter g) of the Code.