1. OBJECT OF THE CONTRACT
1.1. These general conditions ("Agreement") govern the provision of the dynamic DNS service ("Service") by the company Impulso Srl, based in Milan, Viale Caldara 24 / A, 20122 Italy (hereinafter the "Supplier") , under the terms and conditions indicated below. The Service allows recipients (hereinafter "Customers") to translate a domain name into a variable IP address ("Internet Protocol"), thus using a constant name ("Host") to remotely reach a line with an IP address Dynamic audience.
1.2. In this Agreement, the terms indicated in the singular include the plural and vice versa; terms denoting one gender include the other gender.
1.3. In addition to internet access, the Customer must also be equipped with at least one public IP address assigned directly to his line, an ADSL / Fiber / Satellite / Mobile router, an appropriate terminal and all other equipment necessary to establish a Internet connection.
1.4. The Provider offers a paid subscription plan, as better specified at https://ddns.org/#price , and which includes, by way of example:
- The possibility to take advantage of a free trial period;
- The possibility of using an assistance and support service via email;
- The option to create a hostname for a connection;
- The ability to download an SSL certificate for your hostname;
- The right to use the Service not only for personal use but also for commercial purposes;
- Possibility to increase the number of Hosts available in your Service.
2. ACTIVATION OF THE SERVICE AND DURATION
2.1. In order to use the Service, the Customer must fill in the registration form on the Site by clicking on the special virtual buttons located at the bottom of the registration form and send the order form. The Customer is required to correctly and truthfully register his data.
2.2. The order sent by the customer is processed by our online reseller Paddle.com. Paddle.com acts as an official seller on online sales. Paddle.com takes care of managing the Customer's requests regarding payments and any returns.
2.3. The Customer undertakes to communicate his e-mail address to the Supplier in order to allow him to send the same communication with which the Supplier will confirm the successful conclusion of this Contract and the personal data necessary for any tax obligations by the Service Provider itself.
2.4. The Contract will have the duration chosen by the User during registration and may vary from a minimum of 1 month to a maximum of 1 year. At the end of the initial period chosen by the Customer, the service will automatically renew for a further period of the same duration as the initial period. The Customer has the right to change the period of the service or to cancel the Service before the expiration of the period and before the renewal, using the management page at https://ddns.org/billing . In case of cancellation or non-payment, the Service will be deactivated and the Contract will be terminated. Any renewal or extension of the Service will be subject to the conditions in effect at the time of renewal.
2.4. For the entire duration of the Contract, the Customer undertakes to keep with the necessary attention and not to communicate, directly or indirectly, to third parties, his access code to the Service (password) and, in any case, not to allow anyone to use of the same.
2.5. The Customer undertakes to communicate to the Supplier, where requested by the same, all updated, complete and accurate data and to keep them updated for the entire duration of this Agreement.
3. CHARACTERISTICS OF THE SERVICE
3.1 This Agreement is intended to cover the number of hosts provided for by the subscription and is for the exclusive use of the Customer. It cannot be extended or transferred to third parties whether they are natural or legal persons, unless expressly permitted by the Supplier in writing. The Service can be used exclusively for purposes falling within the limits of the law. Use for illegal purposes is prohibited. In particular, the following conducts are not permitted:
• transmission of unsolicited e-mails and messages of a commercial nature;
• spam or fishing;
• cyber attacks of any kind (by way of example "Denial of Service");
• violation of the intellectual property rights of third parties;
• communication of untrue information, registration and contact data;
• resell or attempt to resell the Service, without the Provider's permission or without a suitable subscription;
• direct to illegal file sharing or streaming networks or software;
• attempting to damage another computer or a network;
• use the Free and Standard solutions for commercial purposes;
• illicit or illegal activities of any kind;
3.2 In the event that the Provider believes that the Service is not being used in accordance with the above or has reason to believe that copyright law is being violated, or in the case of offensive content, contrary to morality or good custom, the latter reserves the right to immediately interrupt the Service. In this case, the Contract will be considered terminated immediately, without prejudice to the right of the Supplier to request compensation for any damages suffered and without anything being due to the Customer. The Customer will not be able to request the reimbursement of the amount, even partial, in the event of interruption of the Service due to a reason for which it is chargeable.
3.3 The Customer acknowledges that the Service covered by the Contract is characterized by constantly evolving technology. The Supplier therefore reserves the right to modify the technical and economic characteristics of the Service and the conditions of the Contract even during the provision of the Service for justified technical or commercial reasons, such as by way of example, in the event of changes in current legislation or provisions of the Reference authority, or increase in costs related to the use of technological services, such as connection to the network, hosting or electricity and without any compensation or reimbursement being due as a result of such changes. The aforementioned changes will take effect after thirty days from the date of their communication, which may take place through publication on the Website www.dyndns.it or by e-mail.
3.4 The Supplier also reserves the right to: a) integrate or modify its operating systems, access and security procedures and the standard technical characteristics recommended for the Customer's equipment; b) change the type and location of the computer system equipment used for the provision of the Service, as well as the related software programs; c) modify or delete one or more features of the Service. In the hypothesis referred to in letter c), the Customer will have the right to withdraw from the Contract in advance with a written communication to be sent no later than the thirtieth day following receipt of the Supplier's communication, to be sent to the following email address: firstname.lastname@example.org. In the absence of exercise of the right of withdrawal by the Customer, in the terms and in the manner indicated above, the changes will be considered definitively known and accepted by them.
4. LIMITATION OF LIABILITY
4.1 The Supplier's liability under any title deriving from this Agreement or in any case from the provision of the Service, including any action for defects, non-fulfillment or failure of the remedial action taken, will be limited to cases of willful misconduct and gross negligence of the Supplier and will not extend to any damage that is an indirect, unforeseeable or otherwise anomalous consequence of the defect or non-fulfillment, including, by way of example, loss of earnings, financial charges, costs of business shutdown, cost of replacement services, damages or expenses deriving from third party claims towards the Customer.
The Supplier, except in the case of willful misconduct or gross negligence, will not incur liability for direct or indirect damages of any nature and extent that may occur to the Customer, users and / or third parties as a result of the use and / or non-use of the Service also in case of delays or interruptions, or for errors and / or malfunctions and / or defects of the same. Without prejudice to all the foregoing and without prejudice to what is provided for by mandatory provisions of law, it is also understood and agreed that in no case the Supplier may be called to respond to the Customer for damages deriving from loss or damage of data and from loss of earnings (cd "Loss of profit") as defined pursuant to Article 1223 of the Italian Civil Code. civ.
The Customer expressly acknowledges that the aforementioned limitation of liability has been agreed as an essential condition for the provision of the Services at the costs indicated in the price list published on the Site and, outside of what is expressly agreed, renounces, without reserve, further or different reasons or remedial actions.
4.2 The Customer undertakes to indemnify the Supplier and its employees and consultants from any and all prejudice and damage suffered by them, from any liability, costs, expenses (including legal) incurred by them, as well as to indemnify them from any eventual action, reason, claim put forward by third parties that find cause or reason in conduct or omissions attributable to the Customer, or that are a consequence of the Customer's non-fulfillment of the obligations placed on him by this Agreement and any third party claims for facts and faults attributable to him deriving from the use of the Service, violation of this Agreement, or deriving from software, content and information uploaded or sent by the Customer on a server accessible through the Service.
5. LIABILITY FOR USE AND WARRANTIES
5.1 The Customer accepts that the use of the Service is under his / her personal responsibility and that the Supplier is not responsible for the contents present on third party servers that are beyond its control. Use of the Service is at the Customer's discretion. The Supplier, except in cases of willful misconduct or gross negligence, declines all responsibility for any disservices or malfunctions and does not guarantee that the Service cannot have interruptions and errors. The Customer is aware and accepts that the Provider does not exercise any control over the use of the Service by the Customer, consequently the Provider is not responsible for any illegal or fraudulent use by the Customer, nor does it exercise any control over the contents. they are offensive, libelous, obscene or in any way illegal.The Provider is not liable for abuses or violations of intellectual property rights or for any crime deriving or facilitated by the use of the Service. The Supplier, without prejudice to the mandatory limits of the law, will not be liable for any damage, direct or indirect, resulting from the use of the Service or from the inability to use it, from unauthorized access to the Service or from reception and transmission malfunctions. of data due to the connection on which the Service will rely, including damages for loss of profits or data. The Customer may use the subscriptions to the Free and Standard Service only for personal and non-commercial use.will not be responsible for any damage, direct or indirect, resulting from the use of the Service or from the inability to use it, from unauthorized access to the Service or from malfunction of reception and transmission of data due to the connection on which the Service will rely , including damages for loss of profits or data. The Customer may use the subscriptions to the Free and Standard Service only for personal and non-commercial use.will not be responsible for any damage, direct or indirect, resulting from the use of the Service or from the inability to use it, from unauthorized access to the Service or from malfunction of reception and transmission of data due to the connection on which the Service will rely , including damages for loss of profits or data. The Customer may use the subscriptions to the Free and Standard Service only for personal and non-commercial use.The Customer may use the subscriptions to the Free and Standard Service only for personal and non-commercial use.The Customer may use the subscriptions to the Free and Standard Service only for personal and non-commercial use.
5.2 The Provider has no control over websites or other material hosted on such external servers. And it cannot be held responsible for any attacks and / or intrusions by third parties who become aware of the dynamic IP address or host name used by the Customer. The Customer therefore declares to be aware of the fact that third parties can access via the internet and overcome the protections of their systems to use them improperly to cause damage to third parties.
If the Customer is a natural person who holds the status of consumer pursuant to the Consumer Code, he will have the right to withdraw from the Contract within 14 days from the date of conclusion of the Contract without any obligation to give reasons by giving written notice to the Supplier's headquarters. of the Service by registered letter with return receipt or simple e-mail to the following address: email@example.com , with the right to the refund of any fees paid within fourteen days from the day on which the Company receives communication of the decision to withdraw from the Contract. The right of withdrawal does not apply to renewals after the first initial period.
If the Customer withdraws from the purchase of a solution that includes the registration of one or more domain names and the Company has already carried out this registration, paying the cost, this cost will be deducted from the refund amount due and will therefore not be returned. to the client.
7. PERSONAL DATA
The Customer is the sole and exclusive owner of the processing of personal data collected through the functionalities covered by the Services. The Customer undertakes to indemnify and hold harmless the Supplier from any action, claim or damage advanced by third parties in relation to any violation of the legislation in force regarding the processing of personal data by the Customer and / or its agents.
8. TERMS OF PAYMENT
8.1 The Customer, in order to purchase the Service, must identify himself through the appropriate online form made available by Paddle.com, the official reseller of the service, paying the fees provided for in the price list based on the type of subscription chosen. In addition, VAT or any other tax that may be applicable will be charged to the Customer, unless the Supplier is notified of a tax exemption certificate, valid for the tax authority. The fees will be paid through Paypal, or other forms of electronic payment made available by Paddle.com.
8.2 In the event that the payment is not successful or in the event of a dispute, the Supplier may provide for the immediate suspension of the Service.
9. FORCE MAJEURE
Neither party will have liability towards the other party in the event of non-execution of its obligations, except for payment obligations, as a result of unavailability of communication services or energy sources or in any case of facts or acts not attributable to the party and out of his control.
10. GENERAL PROVISIONS
The agreements contained herein will be effective only between the parties and will not be applicable to third parties. Neither party may assign the Agreement to a third party without the prior consent of the other, which cannot be denied without a reasonable reason. The consent will not be required in case of transfer of the company or the branch of the same concerned by the services covered by the Contract.
Any notification or communication between the parties in relation to this Agreement must be made by registered letter to Impulso Srl, based in Milan, Viale Caldara 24 / A, 20122 Italy, or by e-mail to the following address: firstname.lastname@example.org .
All communications provided for in the Contract must be in writing and are considered received by the other party if delivered personally to the representative of the same or to the addresses indicated above, without prejudice to the right of each party to communicate in writing to the other the change of address for the purpose of this article. All communications will take effect from the date of receipt.
If the Customer is not a consumer, the Court of Milan will have exclusive jurisdiction for any dispute arising from the interpretation, execution or non-execution of the Contract. Any legal action deriving from the Contract must be initiated, under penalty of forfeiture, within a maximum period of one year from the occurrence of the fact that gave rise to the related claim.
For the information due pursuant to the GDPR 2016-679 pursuant to art. 13, please refer to the specific page inserted in the site http://ddns.org linked to these conditions.
Although not expressly provided for in this agreement, the laws in force apply.
14. ACCEPTANCE OF CONDITIONS
The User declares to expressly approve, having had the opportunity to examine the specific content, clauses nos. 2.4, 3.2, 3.4, 4.1, 4.2, 5.1, 5.2, 7, 11, and, to this end, signs this contract pursuant to art. 1342 of the Italian Civil Code.