Tos Terms of Service

TOS - Hosting Terms of Service

 

The following conditions regulate the supply and use of the Hosting service described in the available card on Xlogic Hosting Plans.
The use of services by Xlogic.org, constitutes your acceptance of these terms.

 

1) Service General Description

1.1 - Xlogic offers customers the acceptance of a contract that allows you to use the services required with the features and services defined by the type chosen, such as reported in the card the technical service. Subject of the contract is the location of things or your license to use, for the customer never obtain ownership of the means made available.

1.2 - Xlogic will provide you all the technical specifications and configuration data in order to access the services offered. If, after the happened services configuration, the customer make changes such as to alter the original configuration, Xlogic shall not be liable for malfunctions from any incompatibilities with the computer systems that prevent or make it difficult for the client to access the Xlogic services.

1.3 - Xlogic reserves the right to change at any time the technical characteristics of the services or the cost of Hosting Plans. The changes will be supplementary, to improve the functioning of the service, or limiting, to restrict some features. Any change will be published in the relevant service card and each customer will be notified before the above change.


2) Use of the Services and Customer Responsibilities

2.1 - The client is entirely responsible for the data entered in the space reserved for him and any litigation relating to the distribution network of such data. Holds, by this Agreement, to exempt from liability Xlogic civilian and / or criminal penalties resulting from the management of the entered data that violate the standards.

2.2 - The customer is liable for any copyright infringements caused by data or programs subject to copyright content on the server and not expressly provided by Xlogic and will be held to indemnify the lessor Company from any gender and type of expense howsoever arising from such violations, as well as from possible breaches in any way connected with the use of the name of the domain associated with the account.
2.3 - Access to Xlogic Services is enabled through confidential access keys (passwords).
The customer is therefore required to keep the access keys in the strictest confidence and with the utmost diligence, undertaking not to reveal to third parties unauthorized keywords, username, or authentication code (user name and password) and endeavoring to inform xlogic of any fact which makes knowable such data to third parties and any unauthorized use of the same, taking on responsibility for the consequences and / or damage caused through use of the Services by the user Name and Password provided to it by xlogic , pursuant to art. 2051 cod. civ. Xlogic may 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 illicitly or illegally and to ensure that any transmission or uploading of information do not violate or transgress the laws of the Italian State, local regional or international.

b ) - Do not use the services provided by Xlogic for the dissemination of material or extracts covered by copyright material (including but not limited to: music files or multimedia protected by copyright), unless express written consent of the owner of that right and in any case bringing back the source.

c ) - Do not use or have used in the third Xlogic services against morals and public order, in order to disturb the public or private peace, to bear offense, or direct or indirect harm to anyone, it is also prohibited to include the web page of dialers or material or material extracts dealing with pedophilia or apologies racist, fanatical, pornographic, obscene, blasphemous, defamatory.

d ) - Do not engage in acts intended to violate or groped for violating the confidentiality of private messages, to damage the integrity of others' resources or cause direct or indirect damage to anyone (including but not limited to using pirated, software cracks, keygenerators, serials, viruses or other harmful components).

e ) - Do not publish web sites with content such as gambling, online casinos or other content does not comply with the provisions of Law 401/1989 and subsequent amendments and additions, without the necessary authorizations required by law.

f ) - Do not carry out spamming or equivalent actions. To fight spam and prevent violations, the Xlogic system automatically suspend accounts that send more than 250 hourly email or large amounts of messages that are not delivered.

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

h ) - A use in CMS or script installed on your website Cache in order to reduce the overhead of the server and speed up the opening of the pages.

 

3 - Use of the Customer Resources

The customer can not:

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

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

3.3 - Perform type game servers: Counter Strike, Battlefield 1942 etc.

3.4 - Perform software that interface with an Internet Relay Chat (IRC Network).

3.5 - Perform Cronjobs with minor intervals to 15 minutes.

 

4 - Domains and Domains available

4.1 - To Available domains: is the number of domains available that you can make in the hosting space bought and not registration or transfer of a domain name.

4.2 - And possible, being recorded, just buying the domain, the domain will be managed by Xlogic, the customer will then communicate the dns parameters (name server) to be included in the domain panel.

 

5 - Responsibilities of the Backup service

Xlogic make a Weekly Backup of all web spaces excluding VPS (Virtual Private Server) and Dedicated Servers, nevertheless if a data restore is not possible.

The Customer acknowledges and agrees:

a ) To be the only person to have access to your site's security settings.
b ) Which is its exclusive responsibility to make, at its own expense, back up all data from your Web space.

c ) R1Soft is a software dedicated to backup, automatically performs daily backup of all data on an external hard drive. In the event of a data loss is permitted exclusively to restore the backup of the day before. R1Soft is included in the Premium and Master Plan, while the Piano Mini / Lite / Base is optional and costs 10 euros per year.

d ) In view of the above, the Client releases Xlogic any liability in case of total or partial loss of data, fault, malfunction, unauthorized access to the site or email, for whatever reason.

 

6 - Suspension of Service or interruption

6.1 - Xlogic reserves the right to terminate the services, totally or partially, for reasons of force majeure or for reasons attributable to the user of the service at any time by sending motivation by email at the email address provided by the customer upon subscription.
Xlogic agrees to warn the customer with an advance of at least 10 days before the expiry date of the contract, if it is no longer able, or does not intend to renew this agreement after its expiration date.
6.2 - Xlogic may suspend, without notice, provide the service under the circumstances of the following circumstances exist:

a ) The customer takes an active part in attempts to breach computer systems of Xlogic or third parties through the service provided by the same Xlogic.

b ) The client is a situation of danger and / or instability of the system (including but not limited to any abuse of resources made available or actions performed spam to third parties) as a result of its activities which are harmful to Xlogic.

c ) The customer does not make payment of the service purchased before the expiration date to pay the same.

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


For suspension or termination of services it means the total impossibility - temporarily or permanently - to take advantage of the services covered by this contract by any means of telecommunications. The 'suspension or' termination of the Service will result in the destruction of the material that may be present in the services, material that once the period of 10 days from the date of suspension and / or termination of the service will be removed from the property Xlogic server. No claim for damages can ever be advanced by the customer against the principal Company as a result of what is specified in the preceding paragraphs.

 

7 - Limitations of Liability Xlogic

7.1 - Xlogic shall update its software to adapt it to services, limited to its operating system and basic services mentioned when a release is officially released. They are beyond the burdens of this agreement work required to remedy defects directly attributable to the customer.

7.2 - And excluding all forms of technical assistance to the customer on the problem of programming and / or management.

7.3 - Xlogic declines any responsibility both towards its customers and towards third parties for delays, malfunction, suspension and / or interruption in service due to:

a ) - Force majeure and / or unforeseeable circumstances.

b ) - malfunction or nonconformity of the connection systems which the Customer is provided with.

c ) - Faults and malfunctions of the machines and software, whether owned by the lessor company that its suppliers.

d ) - VPS and Dedicated Server, Managed Server refers to the operating system configuration, management of server security, installation of the control panel, operating system updates, intervention in case of down, excluded other forms of technical assistance. Unmanaged VPS servers, configuration, and total management will be borne by the customer.

In such cases, the Customer acknowledges and accepts that may not claim to be Xlogic as compensation.
The Customer must notify Xlogic immediately or no later than 24 hours of sunshine any irregularity in the service.
Any damage caused by a little diligent communication will be considered your responsibility.

 

8 - Price and Terms of Payment

8.1 - The payment of the fee is due at the time of activation of the service for the first period, while for subsequent periods payment of the consideration will have be carried out within 2 days after the expiration, otherwise deactivation of services related to the hosting plan.

8.2 - Any expenses with different or foreign modes are borne by the user, the expenses bank for transfers are completely load of payer. For countries outside Europe you are only allowed payment via Paypal or credit card.

8.3 - Xlogic grants you a money back guarantee valid for 7 days from the signed hosting service. After 7 days from the signed hosting service, the customer loses the right to request to Xlogic refund of the price paid for the subscription to the service. The domains are non-refundable, as property of the customer.

 

9 - Contract duration

This Agreement has a term of 12 months from the Hosting Service Mini, Lite, Basic, Premium and Master.
For active Promotions on Hosting Plans, the validity is 12 months from acceptance of the service.

 

10 - Expenses Revenue

Any tax liability arising from the execution of the contract, including any taxes for advertising, are borne by the User.

 

11 - Denial of service
Xlogic reserves the right to refuse service to anyone, at any time and for any reason.

12 - Cancellation Clause

Xlogic reserves the right to declare the contract terminated pursuant to and by effect of Article 1456 of the Civil Code in cases of breach of the obligations contained in the preceding paragraphs.


13 - Complaint Procedures and Jurisdiction

13.1 - Any complaints regarding any aspects of the contractual relationship and / or the provision of the service will have to be forwarded to Xlogic, via eMail or Fax within 7 (seven) days from the occurrence of the reason. Xlogic will review the complaint and provide a response to the customer within 4 (four) days of receipt of the same.

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

13.3 - This contract will only be recorded in case of use.


14 - Contract Properties

This contract belongs to Xlogic, it is forbidden to use, even partial, in any foreign relationship to it.

 

This contract is made up of 14 (FOURTEEN) items.
This contract, ACCEPTED MANDATORY ONLINE ORDER IN TIME, implies full and unconditional acceptance of the clauses including Article. 13 law. 196/2003 (personal data processing referred to as PRIVACY in the links)

 

 

Xlogic SAS

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