Tos Terms of Service

TOS - Terms of Service

 

The following conditions regulate the relationship of supply and use of the Hosting service described in the form available on Xlogic Hosting Plans.
Use of the services from Xlogic constitutes acceptance of these terms.

 

1) General Description of the Service

1.1 - Xlogic proposes to the customer the acceptance of a contract that allows to use the services requested with the characteristics and the performances defined by the chosen typology, as reported in the technical sheet of the service. Object of the contract is the letting of things or the license for use, for
which the customer will never acquire ownership of the means made available.

1.2 - Xlogic will provide the customer with all the technical specifications and configuration data in order to access the services offered. If, after the configuration of the services, the customer makes changes that alter the original configuration, Xlogic can not be held responsible for malfunctions deriving from any incompatibility with the IT systems that prevent or limit the possibility for the customer to access the Xlogic services.

1.3 - Xlogic reserves the right to change at any time the technical characteristics of the services or the costs of Hosting Plans. The variations may be integrative, to improve the operation of the service, or limiting, to restrict some functionalities. Each variation will be published in the relevant service sheet and each customer will be notified before the aforementioned variation.


2) Use of Customer Services and Responsibilities

2.1 - The customer is totally responsible for the data entered in the space reserved for him and any disputes related to the distribution of such data on the web. Declares, with this agreement, to exempt Xlogic from civil and / or criminal liability arising from the management of the data entered that violate the current regulations.

2.2 - The customer is responsible for any copyright violation caused by data or programs subject to copyright contained in the server and not expressly provided by Xlogic and will be held to relieve the grantor from any kind and type of burden arising from such violations , as well as any violations related to the use in any way of the domain name associated with the account.
2.3 - Access to Xlogic Services is permitted through reserved access keys (password).
The Customer is therefore obliged to keep the access keys with the utmost confidentiality and the utmost diligence, committing himself not to disclose to the unauthorized third parties the keywords, user name or authentication code (user name and password) and providing to promptly inform Xlogic of any fact that makes such data known to third parties and of any unauthorized use of the same, taking full responsibility for the consequences and / or damages caused through the use of the Services through the User Name and Password provided by Xlogic , pursuant to art. 2051 cod. civ. Xlogic will have the right to suspend or modify the use of the User Name and Password in case of improper or unauthorized use of the same.

 

2.4 - The Customer undertakes to:

a) - Do not use the Services offered by Xlogic in an illicit or illegal manner and to ensure that any transmission or upload of information does not violate or transgress Italian, regional or local laws.

b) - Do not use the services made available by Xlogic for the dissemination of material or extracts of material covered by copyright (but not limited to: music or multimedia files protected by copyright), except with the express written consent of the owner of this right and in any case reporting the source.

c) - Do not use or have third parties use Xlogic's services against morals and public order, in order to disturb public or private peace, to cause offense, or direct or indirect damage to anyone, and it is also forbidden to enter the space web of dialers or materials or extracts of material that deal with pedophilia or racist, fanatical, pornographic, obscene, blasphemous, defamatory apologies.

d) - Do not carry out direct acts to violate or attempt to violate the confidentiality of private messages, to damage the integrity of the resources of others or to cause direct or indirect damages to anyone (but not limited by pirated software, cracks, keygenerators, serials , viruses or other harmful components).

e) - Do not publish websites with gambling content, on-line casinos or content that does not comply with the provisions of Law 401/1989 and subsequent amendments and additions, in the absence of the necessary authorizations required by current legislation.

f) - Do not spam or equivalent actions. To counter spam and prevent violations, the Xlogic system automatically suspends accounts that send more than 250 hourly emails or large amounts of messages that are not delivered.

g) - Do not install scripts or software on Xlogic's servers: TopSites, IRC Script / Bots, Proxy Scripts / Anonymizers, Pirate Software / warez, Image Hosting Script, AutoSurf, IP Scanners, Mail Bombers / Spam Scripts, Banner / Ad Services, Sporting Events Broadcast Streaming of any kind, forums or websites that distribute links to illegal Warez / Pirate content.

h) - To use Cache in the Cms or Script installed on your site, in order to reduce the server overload and speed up the opening of the pages.

 

3 - Using Resources by the Customer

The customer can not:

3.1 - Using more than 25% of system resources for more than 90 seconds, there are many activities that can cause these issues including: Script CGI, FTP, PHP, HTTP etc.

3.2 - Participate in any File activity Sharing o Peer to Peer.

3.3 - Run a game server like: Counter Strike, Battlefield 1942 etc.

3.4 -Run software that interfaces with an Internet Relay Chat (Rete IRC).

3.5 - Run CronJobs with intervals of less than 15 minutes.

 

4 - Domains and Domains available

4.1 -For Available Domains: the number of Domains available to be used in the hosting space purchased and not the registration or transfer of a domain name.

4.2 - It is possible, at the time of registration, to purchase only the domain, the domain will be managed by Xlogic, the client will later have to communicate the dns (name server) parameters to be included in the domain panel.

 

5 - Responsibility of the Backup Service

Xlogic performs a Weekly Backup of all Web Space, excluding VPS (Virtual Private Server) and Dedicated Servers, even if a data recovery is not possible.

Customer acknowledges and accepts: 

a) to be the only person to have access to your site's security settings.
b) which constitutes its sole burden to carry out, at its own expense and expense, the backup of all the data of its Web Space.

c) R1soft and / or JetBackup are backup software that automatically performs daily backup of all data on an external hard disk. In the event of a data loss, Xlogic SAS only guarantees the backup the day before. R1soft and / or JetBackup are included in the Shared Hosting plan (Premium Plan, Master, Business while for Eco, Mini, Lite and Base Plans are optional and cost € 10.00 per year), in the Hosting Wordpress plan , in the Hosting Reseller plan and in the Dedicated Hosting plan.

d) For this reason, Customer exempts Xlogic from any liability in the event of total or partial loss of data, failure, malfunction, unauthorized access to the site or to the email box for any cause.

 

6 - Suspension or Termination of Service

6.1 - Xlogic reserves the right to terminate services, wholly or in part, for reasons of force majeure or for causes attributable to the service provider at any time by sending the motivation by e-mail to the customer's email address provided by the customer subscription.
Xlogic undertakes to pre-order the customer, with an advance of at least 10 days from the date of expiration of the contract, if it is no longer able, or will not renew this agreement at the end of its natural maturity.

 

6.2 - Xlogic reserves the right to suspend, without notice, the provision of the service if any of the following are true:

a) The customer becomes an active participant in attempts to violate the Xlogic or third-party computer systems by means of the service provided by Xlogic himself.

b) The customer constitutes a system of danger and / or instability (by way of example but not limited to any abuse of available resources or spam actions carried out to third parties) as a result of its activities that give rise to damage to Xlogic.

c) The customer does not pay for the service purchased by the expiry date of the payment.

d. The customer violates the terms of the following contract: 2 - 2.1 - 2.2 - 2.3 - 2.4 o 3 - 3.1 - 3.2 - 3.3 - 3.4


Termination or termination of services means the total impossibility - temporary or definitive - to use the services covered by this contract through any means of telecommunications. Suspension or discontinuation of the service will result in the destruction of any material that may be present in the Services, material that expires within 10 days from the date of suspension and / or termination of the service will be removed from the Xlogic property servers. No claim for damages may ever be made by the customer to the Granting Company as specified in the preceding paragraphs.

 

7 - Xlogic Responsibility Limitations

7.1 - Xlogic updates its software to adapt it to services, limited to its operating system and basic services mentioned when releases are officially released. It is not within the scope of this agreement that the interventions required to repair anomalies directly attributable to the customer are not covered.

7.2 -Any form of technical assistance to the client is excluded on programming and / or management issues.

7.3 - Xlogic disclaims any liability to its customers or third parties for delays, malfunctions, suspension and / or interruption in the provision of services due to:

a) -Forced and / or fortuitous reasons.

b) - Malfunction or non-compliance of the connection devices provided by the customer.

c) - Failures and malfunctions of machines and software, whether they are the property of the licensor and its suppliers.

d) - VPSs and dedicated servers, for Server Managed are the configuration of the operating system, server security management, control panel installation, operating system updates, downtime, no further technical assistance is excluded. VPS server unManaged, configuration and total management will be charged by the customer.

In such cases, the Customer acknowledges and accepts that nothing shall be required by Xlogic as compensation.
Customer must notify Xlogic immediately or no later than 24 hours of any eventual irregularity in the service.
Any damage caused by unresponsive communication will be considered as Customer's responsibility.

 

8 - Price and Payment Terms

8.1 - The payment of the consideration must be made at the time the service is activated for the first period, while for the subsequent periods the payment of the consideration must be be made within 2 days of expiry, penalty for the deactivation of services related to the hosting plan.

8.2 - Any expenses with different modes or for foreign purposes are the responsibility of the user, the expense bankers for i transfers are totally a load of the'issues. For non-European countries, only payment via Paypal or Credit Card is allowed.

8.3 - Xlogic grants to the Customer a Guaranteed or Refundable Warranty valid for 7 days from the activation of the Subscription Service subscribed. After 7 days from the activation of the hosting service, the Customer loses the right to request Xlogic to repay the price paid for the subscription of the service. Domains are non-refundable as Customer's property.

 

9 - Duration of the contract

This agreement lasts 12 months from the acceptance for the Eco, Mini, Lite, Base, Premium, Master and Business Hosting Service.            For Active Promotions on Hosting Plans, the validity is 12 months from the acceptance of the service.

 

10 - Taxes

Qany tax charge arising from the performance of the contract, including any advertising tax, is borne by the User.

 

11 - Denial of service
Xlogic reserves the right not to provide services to anyone, anytime and for any reason.

12 - Solution clause

Xlogic reserves the right to declare the contract solved according to and for the purposes of Article 1456 c.c. in cases of default of the obligations contained in the preceding paragraphs.


13 - Complaints and Jurisdiction

13.1 - Any complaints regarding any aspect of the contractual relationship and / or the provision of the service must be forwarded to Xlogic, via eMail or Fax within 7 (seven) days of the occurrence of the reason. Xlogic will review the complaint and will reply to the customer within 4 (four) days of receipt of the complaint

13.2 - The supply relationship is governed by the laws of the Italian State. For all disputes relating to this Agreement, the parties acknowledge the exclusive and subsidiary competence of the Turin forum.

13.3 - This contract will only be registered if it is used


14 Contract Property

This contract belongs to Xlogic, its use is also forbidden in any relationship outside of it. 

 

This contract is made up of 14 (QUARTERLY) Articles.
This contract, OBLIGATORY ACCEPTED ONLINE AT THE TIME OF THE ORDER, involves the full and unconditional acceptance of the clauses contained, including information according to EU Regulation 679/2016 or GDPR (treatment of personal data indicated as PRIVACY of this link).

 

 

Xlogic SAS

Via R.Meinardi 8/c
10093 Collegno (TO)
P.IVA 10898710016