The following clauses, which are to be considered an integral and
substantial part of the contract, as supplementary provisions, govern the
"Hosting" and/or "Domain" service offered by Tublat.com.
As for any matter not expressly provided for in this integration, the
aforementioned general terms and conditions shall apply.
Art. 1 Object of the Contract
The Client requests Tublat.com to provide the "Hosting"
service and/or the Registration or Transfer of a "Domain" under the
terms and costs of the specific commercial offer selected by the Client in the
order summary completed and sent to Tublat.com.
Art. 2 Consideration
2.1 The consideration for the service is determined based on the rates
in effect at the time of the order and indicated on the website pages www.tublat.com.
2.2 The price is understood to exclude taxes and duties.
Art. 3 Conclusion of the Contract
3.1 For the conclusion of the contract, the Client must:
a) follow the ordering
procedure on the website tublat.com;
b) accept, through the
online procedure, the terms stated in the order, the general terms and
conditions of the contract, and this integration;
3.2 For the purpose of identifying and correcting data entry errors
before submitting the order, Tublat.com provides the Client with technical
means, which can be accessed through contact forms and the "Live
Chat" available on the website www.tublat.com.
Art. 4 Service Description
4.1 Tublat.com provides the Client with hardware resources, software,
and hard drive space for the management of websites or other data accessible
via the Internet telecommunications network, through computers permanently
connected to it, according to the specific service selected by the Client, in
the amount and according to the characteristics declared on the website www.tublat.com.
4.2 Tublat.com ensures, with continuous service, the connection of the
server to the internet with the features declared on the above-mentioned
website, providing the Client with the credentials for accessing and uploading
content.
4.3 The Client acknowledges and agrees that the telematic services of
Tublat.com are based on systems located anywhere in the world, according to the
best technical conditions, at Tublat.com's sole discretion.
Art. 5 Limits to the Support Service
5.1 The support that Tublat.com can provide to the Client is not
unlimited. Tublat.com offers the Client a maximum of 3 hours of free support
for hosting and/or domain products. Beyond this threshold, the Client will be
required to pay €5.00 for each support request. Real issues will, however,
continue to be supported by Tublat.com free of charge, even after exceeding this
threshold. Real issues are understood to mean only server downtimes or
downtimes of associated services. The blocking of the Client's IP address by
Tublat.com's firewall is not considered a downtime and is therefore subject to
payment. Any issue with third-party scripts will never be considered a server
issue or Tublat.com issue, even in cases where the same code works on another
server. Tublat.com will issue an invoice when responding to the support
request, and payment must be made within 4 days. On the 5th day, a surcharge of
€5.00 will apply, and Tublat.com reserves the right to suspend the hosting
and/or domain service until payment is received. Whenever possible, Tublat.com
will try not to enforce this policy, but reserves the right, at its sole discretion,
to apply it in cases where it deems there to be an abuse of support, in order
to prevent a few clients from occupying all Tublat.com operators, thereby
slowing down support services for all clients.
Art. 6 Duration of the Service
The Service will have a duration of 12 months, starting from the
activation date, which will be communicated to the Client via email. The
service will be automatically renewed for an additional 12 months unless the
Client expressly communicates the intention to terminate the contract, as
provided by the general terms and conditions of the contract.
Art. 7 Customer's Obligations, Prohibitions, and Responsibilities
7.1 The Customer uses the services provided by Tublat.com assuming
full responsibility for their actions.
7.2 The Customer undertakes to maintain the utmost confidentiality and
not to transfer to third parties the alphanumeric codes (referred to as
"passwords") necessary for the execution of the service, and is
therefore responsible for their safekeeping.
7.3 The Customer is strictly prohibited from using Tublat.com's
telematic services for unlawful purposes, for sending unsolicited
advertisements (commonly referred to as "spamming") to Usenet
discussion groups ("newsgroups") and/or to user addresses that have
no relationship with the sender. The
following types of publications are also prohibited:
a)
Pornographic, obscene, erotic, or pro-pedophilia material;
b) Offensive material
or material with goals contrary to public morals and good customs;
c) Material with purposes
contrary to public order;
d) Material infringing
the rights of third parties;
e) Copyright-protected
material (books, publications, or parts thereof, or anything else);
f) Illegally held
material (pirated software, unauthorized copies, etc.);
g) Information or
databases in violation of current regulations;
h) IRC or general Chat
software;
i) Unverified software
and/or software that does not guarantee the stability of the hosting servers;
7.4 With regard to the cases listed in paragraphs a), b), c), d), e),
f), g), h), i), the Customer indemnifies and holds Tublat.com harmless from any
direct or indirect liability arising from the violation of the aforementioned
rule, declaring that Tublat.com has, and will not have, any control over the
publications that the Customer may make.
7.5 Tublat.com is not subject to a general obligation of supervision
over the information it transmits or stores, nor to a general obligation to
actively seek facts or circumstances indicating the presence of illicit
activities. However, if Tublat.com becomes aware of the illegal or harmful
nature of the content of a service to which it provides access, or of alleged
unlawful activities or information related to one of its users, or information
in its possession that allows identifying the recipient of its services with
which it has agreements for data storage, it will immediately inform the
judicial or administrative authority with supervisory functions.
7.6 Tublat.com will promptly prevent access to certain content if
requested by the judicial or administrative authority with supervisory
functions.
7.7 Without prejudice to the above points, material deemed
"questionable" at Tublat.com's sole discretion will be reviewed, and
a decision will be made on the possibility of publication after proper notice
by email to the user. If the user does not comply with the terms mentioned
above, Tublat.com will be forced to terminate the service without any notice
and without any compensation for the unused period.
7.8 It is the responsibility of the Customer to maintain relationships
with their customers and act as an intermediary by offering them pre-sale and
post-sale support, responding to customer inquiries, and providing all necessary
assistance for the entire duration of the contract with their customers.
7.9 The Customer must ensure that their customers do not use the
services illegally, violating the laws of the Republic of Italy and the laws in
force in the locations where the user and their customers reside. As part of
these efforts, the Customer agrees to include in their agreements with their
customers, in the language used by the customer, a section with the same
content as this Article 7 (CUSTOMER'S OBLIGATIONS, PROHIBITIONS, AND
RESPONSIBILITIES).
7.10 The Customer undertakes to indemnify Tublat.com from any losses,
damages, liabilities, costs, charges, and expenses, including any legal fees,
that may be suffered or incurred as a result of any breach of obligations
undertaken and guarantees provided by the Customer upon signing this agreement
and in any way related to the insertion of information into the space provided
by Tublat.com, even in the case of damages claimed by third parties for any
reason.
Art. 8 Characteristics and Functionality of the Services
8.1 The Customer acknowledges and agrees that Tublat.com's telematic
services are based on systems located anywhere in the world, according to the
best technical conditions, at Tublat.com's sole discretion.
8.2 The Customer is aware of and agrees to the abbreviated domain
registration formula, according to which the administrative, financial, and
technical handles are managed by Tublat.com staff. It is understood that the
domain purchased or requested through Tublat.com belongs to the Customer and
remains the Customer's property.
Art. 9 Limitation of Tublat.com's Liability
9.1 In no case shall Tublat.com or anyone else involved in the
creation, production, or provision of Tublat.com’s services be held liable for
any damage of any nature, whether direct or indirect, related, special, or
consequential, whether contractual or non-contractual, arising from the
activation or use of Tublat.com's services and/or from the interruption of the
operation of Tublat.com's services. The provisions of this article remain valid
and effective even after the expiration, termination, or withdrawal from this
agreement.
9.2 In no case shall Tublat.com be held liable for malfunctioning of
the services due to issues with telephone lines, electrical systems, and global
or national networks, such as faults, overloads, interruptions, etc.
9.3 No compensation for damages may be requested from Tublat.com for
direct and/or indirect damages caused by the use or non-use of the service.
Only a refund of the price paid for the period during which the service was not
used may be requested.
9.4 Tublat.com shall not be held responsible for failure to meet its
obligations due to causes beyond its predictable control or due to force
majeure events.
9.5 Tublat.com shall not be held liable for failures of third parties
that impair the operation of the telematic services made available to the
Customer, including, by way of example, slow speeds or failure of telephone
lines and the computers managing the telematic traffic between the Customer and
Tublat.com’s system.
9.6 In consideration of the service terms provided, the Customer
acknowledges that Tublat.com does not provide any guarantee regarding the ease
of resale of the service or its perfect suitability for particular purposes.
Furthermore, due to the specific structure of the Internet, in which many
entities are involved, no guarantee can be given regarding the continuous
availability of the service. In this sense, the Customer agrees not to hold
Tublat.com liable in the case of losses or damages of any kind resulting from
data loss, inability to access the Internet, or inability to send or receive
information, caused by, or resulting from, delays, canceled transmissions, or
service interruptions.
9.7 Tublat.com is not responsible for the content of the information
published by the user on the Internet.
9.8 Tublat.com is not liable for any damages caused directly or
indirectly by the services provided.
9.9 The Customer agrees to indemnify Tublat.com from any liability in
the case of complaints, legal actions, government or administrative actions,
losses, or damages (including legal fees and costs) arising from the illegal
use of the services by the Customer or any of their clients. Tublat.com may
suspend the service without prior notice, as specified in Articles 7.6 and 7.7
above; in such a case, the unused portion of the service will be refunded to
the user based on the days the service was not provided, as previously paid by
the Customer. The civil and criminal liability for the information published
through the service provided by Tublat.com remains with the Customer.
Art. 10 Force Majeure, Catastrophic Events, and Unforeseeable
Circumstances
Neither Tublat.com nor the Customer shall be held responsible for
failures due to causes such as fire, explosion, earthquake, volcanic eruptions,
landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular
uprisings, riots, strikes, or any other unforeseeable and exceptional cause
preventing the provision of the agreed service.
Art. 11 Obligations of Tublat.com
Tublat.com undertakes to maintain the efficiency of the services
provided. In the event that Tublat.com is required to interrupt the service due
to exceptional events or maintenance, Tublat.com will make every effort to
minimize the periods of interruption and/or malfunction. Tublat.com will define
the appropriate procedures for accessing the services and reserves the right to
improve them at any time in order to enhance their efficiency. Tublat.com will
provide the customer with all the technical specifications necessary to access
the services.
Art. 12 Use of Resources and Limits of "Unlimited" Plans
Any account that causes excessive load on the server will be suspended
immediately without notice.
