Preamble

Art. 1.1 These General Terms and any Additional Conditions of the requested Service listed below are deemed read and accepted by the Customer as soon as, by completing the procedure indicated on the website www.server.it (or related sites within the network), they proceed by selecting the "Accept" option and/or access and/or use the Service. If the mandatory personal data provided by the User or Customer is found to be incorrect, incomplete, or non-existent, even after a subsequent check, Virtual Solution reserves the right to not activate, suspend, or terminate the Service at any time without notice.

Object

Art. 2.1 These terms and conditions govern the provision of services offered by Virtual Solution S.r.l. (hereinafter referred to as Virtual Solution), headquartered in Via San Mama 113, VAT number 01480930393. Additional conditions may apply to each specific Service.

Description and characteristics of services

Art. 3.1 Hosting involves placing the pages of a website on a server, making it accessible via the Internet. Virtual Solution reserves the right to make promotional offers, which will be highlighted and advertised on the site, even during the contract period.

Art. 3.1.1 Shared Hosting Service Limitations:

Smtp: an hourly limit of 300 emails is applied for sending emails.

Database: the maximum size of each individual database cannot exceed the total space allocated to the Hosting package, and it is not possible to access it directly from the outside.

Shell: the use of shell is not allowed in any Hosting package.

Art. 3.2 Domain Name allows the registration of a domain. Virtual Solution provides a platform through which the Customer can independently check the availability of each domain name, register it with the various competent Authorities, request a Maintainer Change or Registrar Transfer, request an Owner Change, and renew it. Virtual Solution will automatically proceed with domain name reservations in the chronological order in which requests are received and, therefore, cannot guarantee that the domain will actually be registered. Virtual Solution is not responsible and cannot resolve disputes related to domain name assignments. Upon successful registration, the Customer will be the legitimate owner of the chosen domain name and will be solely responsible for its use and content. Regarding .COM and .NET domains, the Customer agrees to indemnify Verisign (the .COM and .NET domain Registry Authority) to the fullest extent permitted by law from any claim, damage, liability, cost, or expense, including reasonable legal fees, arising from or related to the registration and/or use of a domain name whose rights belong to third parties.

Art. 3.3 Prepaid Credit allows the purchase of any product/service with a prepaid payment method at advantageous prices.

Art. 3.4 Dedicated Server consists of providing hardware rental and housing services.

Art. 3.4.1 Dedicated server limitations: no limitations are present on dedicated servers.

Art. 3.5 Virtual Server allows the rental of a portion of the server.

Art. 3.6 Cloud consists of hosting applications and platforms built on a shared infrastructure and delivered via a web browser.

Art. 3.7 All technical features of the above services can be found on the server.it website, in the section corresponding to the purchased service.

4) Activation

Art. 4.1 The online request for service activation and payment made by the Customer constitutes full acceptance of the general conditions of this contract.

Art. 4.2 Any performance defined as ancillary to the service and requested by the Customer, even after signing the agreement, is subject to the conditions of this agreement.

Art. 4.3 The Customer, acting entirely autonomously, may purchase Virtual Solution's services for resale to third parties and is considered independent from Virtual Solution, with no authority to act on behalf of the company.

5) User ID and Password

Art. 5.1 Upon the first service activation request, Virtual Solution will send the identification code (UserID) and a password to the Customer's email address provided during the order process.

Art. 5.2 Both Parties acknowledge that these UserID and Password are the only means of identifying the Customer when accessing the Services.

Art. 5.3 The Customer must store the password diligently, keeping the code and password secret throughout the subscription period, and will be solely responsible for any damage caused by the knowledge or use of the password and/or UserID by third parties.

6) Duration, renewal, termination, and cancellation

Art. 6.1 This contract has a duration of one year or the period agreed upon by the parties and will commence and be valid from the date of service activation. The contract is considered concluded in Ravenna upon Virtual Solution's acceptance of the customer's request or proposal.

Art. 6.2 At the set expiration date, this contract will either be tacitly renewed or expired and not subject to further renewal, depending on the type of service provided, as outlined below:

1) Servers, Vps, Supercloud, Reseller Plans. Notice of termination must be received at least 10 days before the contract expiration date via email to virtualsolution@pec.it, otherwise the service will be tacitly renewed.

2) Remaining services: upon the contract expiration date, renewal will occur only if the customer makes payment according to the terms outlined in Art. 7 of this contract.

Art. 6.3 Starting 60 (sixty) days before the expiration date, Virtual Solution, without any obligation to the Customer, may send expiration notices and instructions on how to renew the service to the email addresses provided.

Art. 6.4 The Customer agrees to update Virtual Solution with any changes to the contractual email address to ensure the receipt of technical/commercial communications from Virtual Solution.

7) Fees and payment conditions

Art. 7.1 The Customer agrees to pay the amount due at the time of service activation, with payment to be made according to the indicated methods.

Art. 7.2 The cost of each service is available on the website or as agreed between the parties.

Art. 7.3 Renewal must be made by the Customer before the service expiration date, with payment made according to the indicated methods.

Service renewal by bank transfer will only be processed once the funds have been credited to our account.

Art. 7.4 Virtual Solution does not guarantee successful renewal procedures if requested by the customer after the service has expired or if the payment information provided is incomplete, particularly regarding the transaction code.

Art. 7.5 If Virtual Solution fails to renew the service due to reasons unrelated to Art. 7.4, 13.1, and 15, it will extend the service for an additional renewal period as a penalty. The Customer acknowledges and agrees that they are only entitled to a service extension and cannot claim compensation or damages from Virtual Solution. The Customer is responsible for ensuring successful renewal/transfer of their domains. If this does not occur within 15 days, the customer must report it by opening a ticket: in no case will Virtual Solution be held responsible for non-renewal or non-transfer.

8) Right of withdrawal

Art. 8.1 The Customer, whether an individual or legal entity, has the right to withdraw from the contract without any penalty and without specifying a reason within 30 business days from the service activation and related communication date. The right of withdrawal must be exercised via written communication sent to Virtual Solution by certified email to virtualsolution@pec.it. The amounts already paid by the Customer will not be refunded.

Art. 8.2 If the Customer intends to withdraw from this agreement before its expiration, they must pay the entire amount due for the service period not used as a termination penalty.

9) Customer obligations

Art. 9.1 During registration on Virtual Solution's website, the Customer must provide their personal data for contract execution, guaranteeing its accuracy under their responsibility, and notify any changes within 10 days. If the Customer provides Virtual Solution with false or incomplete data, or if Virtual Solution has reason to believe such, it reserves the right to:

a) reject the Customer's request;

b) suspend services without notice;

c) terminate the contract.

In the event of suspension or termination of the contract, Virtual Solution may seek damages, and the Customer cannot claim refunds or compensation for the time they did not use the Service.

Art. 9.2 The Customer agrees to use the Services diligently, ensuring that the stability, security, and quality of shared Services are not compromised, including those used by others.

Art. 9.3 The Customer also agrees not to use the Services for illegal purposes and to comply with all applicable national and international laws and regulations.

Art. 9.4 The Customer also agrees to follow the Netiquette rules available at nic.it/NA/netiquette.txt and the policies set by the competent Registration Authorities for the chosen domain extension, published on their institutional websites, such as those for .it domains at https://www.nic.it/ and those for .eu domains at https://www.eurid.eu. They also agree to follow ICANN's UDRP policy, available at https://www.icann.org.

Art. 9.5 The Customer acknowledges that they are solely responsible for activities conducted through the Service, particularly for content and communications entered, published, disseminated, or transmitted via the Services. Therefore, Virtual Solution cannot be held responsible for any criminal, civil, or administrative offenses committed by the Customer through the Service.

Art. 9.6 Unacceptable material on Hosting/Reseller: IRC scripts, eggdrops, bots

Proxy Scripts/Anonymizers

Pirated Software/Warez

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

File Dump/Mirror Scripts (similar to rapidshare)

Sites related to Hacking / hacking programs

Sites promoting illegal activities

Forums and sites distributing or linking to warez/pirated/illegal content

Fraudulent websites

Anonymous or Bulk SMS Gateways

Backup: accounts cannot be used as a backup solution

Unacceptable material on Virtual/Cloud/Dedicated Servers

IRC scripts, eggdrops, bots

Proxy Scripts/Anonymizers

Pirated Software/Warez

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

File Dump/Mirror Scripts (similar to rapidshare)

Sites related to Hacking / hacking programs

Sites promoting illegal activities

Forums and sites distributing or linking to warez/pirated/illegal content

Fraudulent websites

Anonymous or Bulk SMS Gateways

Art. 9.7 Spam. Virtual Solution has zero tolerance for spam. The Customer must not engage in spamming or similar activities (uploading, sending programs, transmitting, or disseminating any material containing viruses, codes, files, or programs designed to compromise, disrupt, destroy, or limit network functionality, engage in phishing or other illegal activities aimed at stealing personal data or confidential information). In such cases, the Customer will be contacted, and if immediate action is not taken to resolve the issue, Virtual Solution will suspend the service involved in illegal activities without further notice.

Art. 9.8 It is understood, and the Customer acknowledges and agrees, that unless otherwise agreed in writing, Virtual Solution does not provide the additional service of backing up content, connection data, or IP address-related data. If the backup service provided by Virtual Solution fails, Virtual Solution's sole obligation is to refund double the amount paid for the backup service. The Customer cannot make any additional claims against Virtual Solution, including compensation or damages, and releases Virtual Solution from all liability in case of total or partial data loss for any reason.

Art. 9.9 Therefore, unless otherwise agreed in writing, the Customer is responsible for saving Logs for the period required by applicable laws and regulations to minimize damage, file loss, memory loss, or any other server-related issues.

Art. 9.10 The Customer accepts and acknowledges that they are legally responsible for providing Logs upon request from Authorities (Police, Justice Authorities, etc.).

Art. 9.11 The Customer agrees to indemnify and hold Virtual Solution harmless from any action, claim, demand, cost, or expense, including legal fees, resulting from the Customer's failure to comply with the obligations and guarantees provided with the acceptance of this contract.

10) Service Suspension

Art. 10.1 Virtual Solution reserves the right to immediately suspend the Service if it believes that the Customer may compromise the stability, security, or quality of shared Services or engage in activities that violate the obligations outlined in this contract. In such cases, the Customer must promptly address the issue. If the Customer fails to do so, Virtual Solution may immediately terminate the contract, without prejudice to its right to full payment and to seek damages.

Art. 10.2 Virtual Solution may suspend service without notice if the Customer is in default for non-payment of fees.

Art. 10.3 In the event of service suspension for any reason, Virtual Solution reserves the right to extend the effects of the suspension to other contracts functionally and inseparably linked to this agreement. Service suspension or termination will result in the destruction of any material present, 10 days after the suspension/termination date. The Customer cannot claim any damages from Virtual Solution in connection with the above.

11) Virtual Solution Obligations

Art. 11.1 Virtual Solution undertakes to use the best available technology and resources to provide the services covered by this contract, subject to the need for hardware and software updates based on current circumstances.

12) Performance Guarantee (SLA)

Art. 12.1 The Services (including additional services) will generally be available 24 hours a day; however, the Customer acknowledges and agrees that Virtual Solution may suspend and/or interrupt their provision to perform necessary and/or appropriate maintenance on the Server Farm, servers, and/or equipment. In such cases, Virtual Solution will perform the necessary work as quickly as possible to restore Services promptly and reduce the inconvenience to the Customer. The Customer acknowledges and agrees that they cannot claim compensation or reimbursement from Virtual Solution for the period during which they were unable to use the Services.
Art. 12.2 The quality of the service provided by Virtual Solution is certified by the Service Level Agreement, which covers: Network Performance, Hardware Replacement Time, Support Response Times, and Domain Visibility.

Art. 12.3 Virtual Solution guarantees defined times for each operation, and thanks to technical support divided into three progressive levels, Customers always receive timely and targeted assistance based on the severity of the problem.

Art. 12.4 Hardware SLA. Virtual Solution guarantees the proper functioning of all hardware, including servers, firewalls, load balancers, storage, and switches. In the event of hardware failure, the faulty part (or a replacement server) will be provided within 8 hours at no cost. This guarantee does not include account recovery from backup, RAID array rebuild, or application installation and configuration. If the replacement exceeds 8 hours, Virtual Solution will refund the Customer 20% of the monthly service fee.

Art. 12.5 Response Time SLA. Virtual Solution technical support guarantees the SLA indicated in the appropriate link, where commitments and any refunds are described.

Art. 12.6 Network Uptime. Virtual Solution guarantees 99.95% connectivity for all systems. No refund is applicable for downtimes shorter than 10 minutes. In all other applicable SLA cases, Virtual Solution will refund the Customer 10% of the monthly service fee.

Art. 12.7 In no case will the total value of refunds issued during the year exceed the monthly service fee.

Art. 12.8 To receive refunds, the Customer must submit a request within 7 (seven) days of the event by sending an email to virtualsolution@pec.it, detailing the problem encountered.

13) Limitation of Liability of Virtual Solution

Art. 13.1 In no case will Virtual Solution be held responsible for service malfunctions due to causes related to telephone lines, electrical networks, or global and national networks, including failures, overloads, or interruptions, and any other circumstances caused by third parties.

Art. 13.2 No damages may be claimed from Virtual Solution for direct and/or indirect damages caused by the use or inability to use the services.

Art. 13.3 Virtual Solution will not be held responsible for non-compliance with its obligations due to force majeure.

Art. 13.4 The user agrees to indemnify Virtual Solution from any losses, damages, liabilities, costs, charges, and expenses, including legal fees, that may be suffered or incurred by Virtual Solution as a result of any breach of obligations and guarantees provided by the user when signing this contract or registration form, and in connection with the insertion of information into the space provided by Virtual Solution, including claims for damages by third parties for any reason.

Art. 13.5 In any case, Virtual Solution disclaims any liability towards the Customer or third parties for delays or service interruptions, noting that the very nature of the Internet does not guarantee timely delivery of websites or emails.

Art. 13.6 The Customer releases Virtual Solution from any civil or criminal liability for the illegal use of the services by them and their customers.

15) Force Majeure, Catastrophic Events, and Unforeseen Circumstances

Art. 15.1 Neither party is responsible for failures attributable to causes such as fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, civil insurrections, riots, strikes, and any other unforeseeable and exceptional cause that prevents the provision of the agreed service.

16) Changes

Art. 16.1 Virtual Solution reserves the right to change the conditions outlined in this agreement and the applicable fees at any time, notifying the Customer by email.

Art. 16.2 The Customer retains the right to withdraw within 15 days by written communication, sent via fax or email. If no communication is received from the Customer, the changes will be considered accepted and will take effect at the next contract renewal.

17) Express Termination Clause

Art. 17.1 This contract will automatically be terminated pursuant to Art. 1456 of the Italian Civil Code for any breach of the Customer's obligations.

18) Automatic Contract Succession

Art. 18.1 In the event of assignment or succession of the Customer, the assignee will acquire the rights and obligations under this contract.

19) Intellectual and/or Industrial Property Rights

Art. 19.1 Except for software managed under a license and/or owned by the Customer, Virtual Solution remains the sole owner of the rights related to inventions and programs (including software, documentation, studies, etc.) and anything else created or developed for the services purchased by the Customer, who is granted only a limited, non-transferable right to use them.

Art. 19.2. If the Customer violates Virtual Solution's or third parties' industrial or intellectual property rights, Virtual Solution, after notifying the Customer, will terminate the contract under Art. 17.

20) Confidentiality

Art. 20.1 The personal data provided by the Customer to Virtual Solution is protected by Art. 13 of Legislative Decree 196/2003 and subsequent amendments and additions, the Code on Personal Data Protection.

Art. 20.2 The Customer consents to the use of their personal data for the execution of this contract, also concerning third-party activities essential for fulfilling and verifying the obligations.

Art. 20.3 The data controller, under Law No. 196/2003, is Virtual Solution.

Art. 20.4 Providing all data related to this contract is essential for its execution, and failure to consent will prevent the contract from being executed.

Art. 20.5. Virtual Solution agrees not to disclose personal data to unauthorized individuals or use it for purposes unrelated to contract execution, except as required by law or court orders. Virtual Solution also declares that the software installed on its Hosting server was provided and created by the Customer, and any updates or changes made for technical and management solutions remain confidential and inaccessible to unauthorized individuals. Virtual Solution or its personnel cannot view, copy, use, sell, or install this software in whole or part without the Customer's written consent, as it is the exclusive property of the Customer.

21) Complaint, Conciliation Procedures, and Jurisdiction

Art. 21.1 Any complaints regarding the contractual relationship and/or service provision must be submitted to Virtual Solution in writing within 8 (eight) days of the event. Virtual Solution will review the complaint and respond to the customer within 5 (five) days of receipt. For complaints about complex issues that cannot be addressed within the above time frame, Virtual Solution will inform the Customer of the progress of the case within the same time frame.

Art. 21.2 After following the complaint procedure outlined in Article 21.1, dissatisfied Customers may access alternative conciliation procedures by submitting the appeal to the Chamber of Commerce of Ravenna. In particular, legal recourse cannot be taken until a mandatory attempt at conciliation has been made. For this reason, the terms for initiating legal action are suspended until the conclusion of the conciliation process. In any case, choosing these procedures does not preclude recourse to ordinary jurisdiction.

Art. 21.3 The applicable law is exclusively that of the Italian State. The Parties agree and recognize the jurisdiction of the Court of Ravenna for any disputes related to this contract.

22) Ownership and Registration

Art. 22.1 This contract is drafted by Virtual Solution srl, and any modification, even partial, in any unrelated relationship is prohibited; any misuse will be prosecuted under the law.

Art. 22.2 This contract will only be registered in case of use.

Unfair Clauses

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer, after careful and specific knowledge and review, expressly approves and accepts the following clauses:

3) Description and characteristics of services

5) User ID and password

6) Duration, renewal, termination, and cancellation

7) Fees and payment conditions

8) Right of withdrawal

9) Customer obligations

10) Service Suspension

13) Limitation of liability of Virtual Solution srl

17) Express Termination Clause

21) Complaint, Conciliation Procedures, and Jurisdiction