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1) Object The present General Conditions of Contract (the following/below "General Conditions") governing the manner and terms by which Kiwi S.r.l., VAT No. IT02551520204 (below/the following "Kiwi S.r.l."), with registered offices in Vicolo Quartierino 25, Viadana (MN), Italy, provides the Customer Service SitoHD Gold (the following "Service") with the technical and economic conditions of their individual commercial offer chosen by the customer, as identified in the Order Form to request activation of the Service (the following/below "Form"), completed and submitted online by itself. These General Conditions have been drafted and prepared in compliance and in accordance with the provisions contained in Legislative Decree no. 206/2005 (Consumer Code) and L. 40/2007 (Urgent Measures for the protection of consumers, promote competition, the development of economic activities and the creation of new businesses); they have brought a general nature and may be subject to the changes necessitated by subsequent legislation and / or regulations. The service is offered by Kiwi S.r.l. via Internet using the methods described online in the state of fact and law which is the date of the activation request and with the technical and economic characteristics described herein, the customer, by accepting the following terms and conditions, expressly declares to know and accept. The offer of these services is indefinite, unless the right to suspend or revoke Kiwi S.r.l. at any time; in this case, the contracts concluded before the suspension or revocation will be honored by Kiwi S.r.l. to agreed conditions. Any more performance than those set out in the offer may be provided by Kiwi S.r.l. only after specific written request of the customer in a manner to be determined from time to time. 2) Payment The agreed payment terms are part of the contract. Failure to pay a single invoice, or part of it, in case of separation, of this contract shall result in disqualification and removal of program license. 3) Modes of Payment The Payment may be paid through Paypal (www.paypal.com) or by bank transfer. 4) Activation and Service delivery You acknowledge and agree that the practices of activation or renewal of the Service will begin at the conclusion of the Agreement. Kiwi S.r.l. will notify the customer by e-mail to activate the service. By activating the Service, all rights of use will move in favour of the customer, which will be considered the legitimate holder of REST services, also, the sole and exclusive responsibility for its use, as well as for the material and data, including personal , if he be treated by the Service itself. Kiwi S.r.l. reserves the right not to proceed with the activation or renewal of the Service, at its sole discretion, in cases where: a) being the customer is in default in respect of Kiwi S.r.l., also in relation to previous business relationships. In this case, the activation of the Service may be subject to discretion and after notice of Kiwi S.r.l., prior to the performance of the previous report; b) the customer does not provide the documentation to Kiwi S.r.l. by the same request, or otherwise provide false information or suspect Kiwi S.r.l. be such c) there are technical reasons, or other organization that are hampering the activation of the Service. Kiwi S.r.l. will inform the customer the failure or non-renewal of the Service, without giving reasons, and will be taken back to the Client solely for the consideration that is being received by it in payment, no extra charge. It is understood that this amount of interest due will not be of any kind. You acknowledge and agree that you are only entitled to a refund of the price paid to Kiwi S.r.l. and not to advance against Kiwi S.r.l. any claims, damages or claims of any kind due to failure to activate the Service. 5) Duration, renewal, termination of the contract The provision of the Service Contract will have a period equal to the time period selected and specified by the customer during the order process, from the date of Service activation. As we approach the deadline Kiwi S.r.l., by way of courtesy and then assume that doing so without any obligation towards the customer, will have the option to send the email accounts of reference and / or boxes e-mail alerts to expire and the consequent cessation of service in case of non-renewal. 6) Authentication Credentials Access to the Service through use of an identification code (email) and a keyword (password) assigned to you by Kiwi S.r.l. and communicated the same by e-mail confirmation. The Customer acknowledges and agrees that knowledge by third parties of its authentication credentials could allow the improper use of these services made payable to him; Therefore, he agrees to keep and use those credentials with the utmost confidentiality and diligence. The Client also undertakes to promptly notify in writing to Kiwi S.r.l. any unauthorized use of your login and / or password and any other breach of security that you become aware, including its possible theft or loss. You acknowledge and agree that Kiwi S.r.l. reserves the right to periodically change the codes associated with the management domain (login and password), which will be promptly communicated to the customer by sending e-mail address indicated in reference when ordering. 7) Assignment of Contract The customer may not transfer to third parties, in whole or in part, the contract, or the rights and / or obligations arising from it. The customer pays right now, pursuant to art. 1407 cc, its approval for Kiwi S.r.l. the right to give to any third party the Contract and / or transfer to third parties, in whole or in part, its rights and / or obligations arising from the Contract. 8) Industrial property rights and / or intellectual Any material that is subject to intellectual property rights and / or industrial property in favor of third parties and is made available to the Customer through the Service, these will be used in accordance with those rights. The customer assumes all liability in this regard, and agrees to indemnify and hold harmless, as of now, Kiwi S.r.l. any prejudicial consequences that might arise to a use not in accordance with the above provisions. In case the customer violates the rights of industrial or intellectual property of Kiwi S.r.l. and / or Third Party, Kiwi S.r.l. reserves the right to terminate the contract under Article 19 of the next. 9) Customer Information The Customer undertakes to inform Kiwi S.r.l. personal information necessary to full and proper execution of the contract; guarantees, also, under his own responsibility and that these data are correct, current and truthful and that allow you to find his true identity. The customer agrees to communicate any changes to Kiwi S.r.l. of the data provided in a timely manner and in any event no later than 15 (fifteen) days from the occurrence of that change, and also to provide at any time, upon request by Kiwi S.r.l., adequate proof of identity, home or residence and, where appropriate, of their status as legal representative of the applicant or legal person whose name the service. Upon receipt of such notice, Kiwi S.r.l. can ask the customer additional documentation intended to demonstrate the changes reported. In case the customer fails to provide such notification or documentation to Kiwi S.r.l., or if they have provided to Kiwi S.r.l. data that turn out to be false, not current or incomplete data where Kiwi S.r.l. has reason, at its sole discretion, to believe such, Kiwi S.r.l. reserves the right to: a) to refuse the request sent by the customer concerning what to do with respect to the Service; b) terminate services with immediate effect, without notice and for an indefinite period; c) to cancel and / or terminate without notice any editing of the data associated with the Service; d) to terminate the contract, under the next Article 19, holding a penalty sums paid by the customer. Shall remain unaffected, in any case, the right of Kiwi S.r.l. to require Customer compensation for the greater damage and is also understood that the customer will not assert against Kiwi S.r.l. any claim, compensation and / or damages for the period of time that has not used of the service 10) Obligations, prohibitions and responsibilities of the Customer By way of example only, the Customer undertakes to: a) use the Service in the enforcement of intellectual / or industrial property of Kiwi S.r.l. or third parties and to ensure that any matter that may be entered by him on the Internet, also through the services offered by Kiwi S.r.l., both in its legitimate and complete availability, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other rights of third parties or Kiwi S.r.l. protected by law or contract. b) keep in strict confidence and will not transfer to third parties associated with the domain management codes (login and password), thus answering the custody of them in front of Kiwi S.r.l. and the Third Party, and to change their passwords at least every three months relieving and taking Kiwi S.r.l. harmless from any liability in case of legal proceedings, loss or damage (including legal costs and fees), incurred by anyone arising from non-compliance by the Customer of the provisions regarding the preservation, modification and storage of these passwords; c) to use the web space, possibly purchased from Kiwi S.r.l., exclusively for the publication of the website and not as a repository, ie as a mere instrument for the storage of files and / or their own material and / or downloaded from other sites; d) does not engage in, by means of the service provided by Kiwi S.r.l., groped acts intended to violate or violating the computer systems and / or network security of Kiwi S.r.l. or Third Party, and / or the confidentiality of private messages ,; or other acts intended to damage the integrity of the resources of others or damage directly or indirectly to any person (including but not limited to using pirated software, cracks, key generators, serials, attacks of all types including DOS attacks , viruses or other harmful components); e) does not become an active part in attempts to breach the security of computer systems and networks of Kiwi S.r.l. or third parties through the service provided by Kiwi S.r.l. which may give rise to civil liability and / or criminal proceedings; f) does not have access to systems, networks and / or information to third parties that have not provided explicit authorization by means of scanning / probing, vulnerability tests, attempts to breach security or authentication measures; g) does not create hazards and / or instability and / or other technical problems as a result of programming and / or how to use the service they impact on the quality of the customer or other customers in order to harm Kiwi S.r.l. and / or Third Parties; h) not to publish Web sites with content such as gambling, casinos or other online content that does not conform to the provisions of Law 401/1989 and subsequent amendments and additions, in the absence of the necessary authorizations required by law. In this case, the customer must send to the writer before the publication of such content, copy of the license, permit, license or other authorization. It is understood that if the writer is aware of any websites or links (hyperlinks) to other websites for which no advance has been provided a copy of that consent, Kiwi S.r.l. reserves the right to suspend service to the delivery of the required documentation, which precludes any reimbursement and / or compensation for any unused period of service,. i) does not provide information to the public (textual or graphical) damaging the image of Kiwi S.r.l. through the services provided; j) do not spam or equivalent actions (for a definition of spam refers to unsolicited Set of Guidelines for Mass Mailings and Postings - spam, ftp://ftp.nic.it/rfc/rfc2635.txt, and not to introduce upload, post programs (viruses, trojan horses, etc.), transmit or disseminate any material that contains virus, other computer code, files or programs designed to impair, interrupt, destroy or limit the functionality of the network, software, hardware or telecommunications equipment of Kiwi S.r.l. and / or Third Parties ; k) not to publish or other equivalent actions illegal in nature tend to steal users personal data or other confidential information (including but not limited to: access codes, passwords, user id); l) to handle and treat their staff from any employee or collaborative, as confidential all data and / or information received, known or operated for or on account of the Service m) not to publish Web sites with content such as newspapers and do not consider and / or indicate Kiwi S.r.l. as a publisher and / or printer without the quotes and their written consent thereto, in case he has purchased a service with web space ; n) to observe the rules of good use of network resources, contained in the document "Netiquette" published on the website of the Italian Naming Authority (http://www.nic.it/NA/netiquette.txt), of which the Customer declares to be aware and accept in full. o) to observe the rules contained in the policy prepared by the Registration Authority responsible for choosing the domain extension, released on their institutional websites (by way of example, reference is made to the policy of ICANN UDRP, http://www.icann .org /en/ dndr/udrp/policy.htm, and the policies of the ccTLD "it", http://www.nic.it/legale/regolamento-dispute-e-linee-guida-legali) of which the Customer declares to be aware and fully accept their content and how they prepared and planned. In the event of a breach or alleged breach of the obligations of even one of the above, Kiwi S.r.l. has the right to intervene in the form and manner deemed appropriate to eliminate, where possible, the breach or alleged breach and its effects, , and to suspend and / or stop and / or disable access to the Service immediately and without notice, also reserves the right to terminate the contract under Article 19 and later to retain the sums paid by the customer as a penalty, to pay compensation for additional damages. You acknowledge and agree that nothing will be expected of Kiwi S.r.l. in reimbursement, compensation or damages for the same measures that have seen fit to adopt. In any case, the customer accepts, as of now, all responsibility for the violations described above and agrees to indemnify and hold harmless from any detrimental consequence Kiwi S.r.l., from all losses, damages, liabilities, costs , charges and expenses, including legal ones, that may be incurred or suffered by Kiwi S.r.l. as a result of any breach of customer obligations undertaken by him and by him to the guarantees provided by the acceptance of these Terms, or otherwise related to entering information into the network through the Internet service provided by Kiwi S.r.l., even in cases of damages claimed by third parties for any reason. 11) Limitation of Liability of Kiwi S.r.l. The Customer acknowledges that the internet is not controlled by Kiwi S.r.l. and that, because of its peculiar structure, no public or private entity, and even Kiwi S.r.l. is able to guarantee and monitor the performance and functionality of the network of branches and check the contents of the information that is transmitted through the network. For this reason, the Customer acknowledges and agrees that no liability can be attributed to Kiwi S.r.l. for transmitting or receiving illegal information of any kind. You agree to indemnify Kiwi S.r.l. for each share of responsibility that should be made by third parties with respect to violations of national or international laws made by the customer. The Customer shall pay all costs, damages and expenses, including legal fees, that may result from such actions of responsibility and undertakes to inform Kiwi S.r.l. where such a liability action should be initiated against it. It is understood that Kiwi S.r.l. does not guarantee either the customer or to third parties that the service is perfectly suited for a particular purpose. No risponsibility can be attributed to any liability if the provision of service, with the specific characteristics required by the customer, is conditioned to the fact of the third party (including but not limited to: Kiwi S.r.l. provider). The customer, erasing of now Kiwi S.r.l. from any related liability, acknowledges and agrees that: a) using the services provided in conjunction with other infrastructure (national and international) is limited to the boundaries and the rules established by the operators of such services, as well as the laws in force in the countries that host these services,national and international; b) there are always possibilities for interruptions of service due to technical failures and malfunctions of the machines and software, whether owned by Kiwi S.r.l. or its suppliers; c) the very nature of Internet services, where many entities are involved, does not provide any warranty with respect to the constant availability of the service and / or the possibility of reaching any web space from around the world and / or transmission and receiving information and / or the delivery and receipt of mail, much less to ensure the privacy and confidentiality of the same; d) the actual Internet connection speed depends on the degree of network congestion, the quality of the access network and the installation of the customer, Kiwi S.r.l., therefore, is unable to ensure the effective achievement of the rated speed; e) the use of Internet services to other nodes of the Internet, not in the management of Kiwi S.r.l., will be subject to the restrictions and responsibilities stated in the same service provider and should be conducted in accordance with the laws in force in these host countries nodes and services, and international laws and regulations with the use of networks and nodes involved. Kiwi S.r.l. is committed to ensuring the best features of the system, but does not accept responsibility to both its customers and to third parties, for delays, malfunction, suspension and / or interruptions in service caused by the reasons is not responsible, such as, but not limited to: a) unforeseeable circumstances, catastrophic events or force majeure; b) because the third party (including but not limited to: unauthorized publication by third parties of any text entered by the customer message area, public or private); c) malfunction or non-compliance of the connecting equipment which the Customer has or at least the ones used by the same; d) tampering or interference with the services or equipment carried by the customer or by third parties not authorized by Kiwi S.r.l.; e) failures and malfunctions of the machines and software, whether owned by Kiwi S.r.l. or its suppliers. It is understood that in such cases, Kiwi S.r.l. will not be liable for any loss, damage or injury suffered and / or be suffered by the Customer and / or Third Party, whether direct or indirect, foreseeable or unforeseeable, including without limitation not limited to economic loss and / financial, business, revenues and profits and / or goodwill; the customer, therefore, acknowledge and agree that nothing will be expected from Kiwi S.r.l. as compensation, indemnity, reimbursement or otherwise. 12) Confidentiality Kiwi S.r.l. and the Customer undertake to treat each other so as confidential any data or information known or managed in relation to the activities for the execution of the service provided by Kiwi S.r.l.. 13) Termination clause This agreement resolves of law, pursuant to and for the purposes of Art. 1456 Civil Code, if the customer: a) disposes of all or part of the contract to a third party, without regard to the procedures set out by Kiwi S.r.l. b) has been previously or is in default for each title against Kiwi S.r.l., other than for services under this contract; c) fails to pay the fee required, and the service was activated in the meantime, notwithstanding the provisions of Art. 4; d) present or act as an agent of Kiwi S.r.l.; e) has been declared insolvent or has been admitted or subjected to bankruptcy proceedings; f) uses the service in a different way than what was communicated to Kiwi S.r.l. or as authorized by the latter; g) violates the provisions of Articles 14 and 15 of these General Conditions. In the cases above, the resolution occurs right through the unilateral declaration of Kiwi S.r.l., to be performed by registered letter or e-mail to be sent to the customer to one of the addresses he listed in the order of service, due which the same shall be entitled to terminate the Service without further notice. In such cases, the Customer acknowledges and agrees that the sums paid by the same will be deducted from Kiwi S.r.l. as a penalty, except in each case the claim of additional damages, unless the customer is able to make any claim , compensation and / or compensation for the period of time that has not been used of the service. It is understood that the resolution of law above operates without prejudice to any other case of termination, and in general for other instruments of protection under the law, including actions for compensation for any injury suffered by Kiwi S.r.l.. 14) Electronic register - log The Customer expressly acknowledges and accepts the existence of the Register of Links (LOG - data concerning the traffic), compiled and maintained by Kiwi S.r.l. in the terms and conditions established by law. The predicted log is full and incontrovertible proof of the facts and the acts performed by the same customer in front of Kiwi S.r.l. and / or Third Party, and it has absolutely confidential and may be entered and / or provided only at the request of the Parties expressly specified by law. Kiwi S.r.l. take all appropriate technical and organizational measures to guarantee the confidentiality of the records link. The Customer acknowledges and accepts that Kiwi S.r.l. reserves the right to retain the "Access Log"; generated by the customer when access to the panel and, for a period of time equal to or greater than the duration of the contract . 15) Jurisdiction For any dispute concerning the interpretation, execution and termination of this Agreement shall have exclusive jurisdiction of the Court of Mantua, Italy.
The customer's personal data provided to the site www.SitoHD.com, directly or indirectly, are treated in accordance with the effects of the Decree. 196/2003 (the so-called Privacy Code), relating to the protection of persons and other subjects regarding the processing of personal data, will therefore be used for the entire execution of the contract and the formalities required by law or requested by the competent Authority. Legislative Decree no. 196/2003, in fact, is to ensure that the processing of personal data is carried out in respect for human rights, fundamental freedoms and human dignity. These data, therefore, will be used by Kiwi S.r.l. for full and proper performance of the contract and will be disclosed to third parties for the protection of rights and in compliance with the obligations imposed by law or regulations and upon request by the competent authority, and their treatment will be based on principles of correctness, lawfulness and transparency protecting the privacy and rights of the Customer and third parties. The following information is provided to the customer and in accordance with article 13 of Lgs. 196/2003. The treatment that Kiwi S.r.l. intends to: a) has the aim to reach, manage and execute the provisions in the contracts for the provision of services requested, to organize, manage and execute the delivery of service through communication of data to our third party suppliers to meet the obligations of the law or other formalities required by the competent authority; b) will be made with the computerized mode / manual; c) Except as necessary for the proper implementation of this supply agreement, the data will not be disclosed to other parties without prior consent by the customer. It should be noted, also, that the disclosure of personal information is not mandatory, however it is necessary and essential for the conclusion of this contract, the refusal to treat, in fact, will not allow Kiwi S.r.l. to provide the timely and proper the Service. The owner of the data provided by the customer, for the proper execution of the Contract, Kiwi S.r.l. is headquartered in Vicolo Quartierino 25, 46019 Viadana (MN). The Customer may contact the Data Controller to assert their rights, as provided in Art. 7 of Legislative Decree no. 196/2003. The customer declares to have read the information given by Kiwi S.r.l. in accordance with Art. Leg 13. 196/2003, and to issue its consent to the processing of personal data for the purposes specified therein. The customer also declares to be aware that in the absence of your consent to such treatment can be applied to the provisions specified above.
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