1 Foreword

Art. 1.1 These General Conditions and any Additional Conditions of the requested Service listed below, are deemed to have been read and accepted by the Customer from the moment in which, by completing the procedure indicated in website domain.microchip.ch, proceeds by selecting the "Accept" option and / or in any case accesses the Service and / or uses it. In the event that the mandatory personal data provided by the User or Customer prove, even from a subsequent check, incorrect, incomplete or non-existent, MICROchip reserves the right not to activate, suspend or terminate the Service at any time without any notice.

2 Object

Art. 2.1 The following terms and conditions regulate the supply of services provided by microchip Snc (hereinafter called MICROchip), with registered office in Vico closed Pittamuli, 8r, 16121 Genova, VAT number 01381080991. Further conditions may apply to each specific Service .

3 Description and characteristics of the services

Art. 3.1 Hosting, consists of allocating the pages of a website web, thus making it accessible from the Internet. MICROchip reserves the right to formulate, even during the course of the contract, promotional offers that will be highlighted and advertised on the website.
Art. 3.1.1 Limitations on the services of Hosting shared:
Mail: the occupancy of the mailboxes cannot exceed 1GB of space per email
Smtp: an hourly limit of 300 emails is applied for sending emails
Files: The number of files in the account cannot exceed 200,000
Database: the maximum size of each single database cannot exceed 5GB of space
Art. 3.2 Name a domain, consists of the ability to register a domain. MICROchip provides a platform through which the Customer can independently check the availability of each name a domain, register it with the various competent Authorities, request the Change of Maintainer or Transfer Registrar, request the Change of Owner / Assignee, request its renewal. MICROchip will automatically proceed with the reservation of names a domain according to the chronological order of the requests received and therefore cannot in any way assure Customers that the domain can actually be registered. MICROchip is not responsible and cannot under any circumstances be responsible for the resolution of disputes that arise regarding the assignment of a domain name. Upon successful registration, the Customer will be the legitimate owner of the chosen domain name, remaining solely and exclusively responsible for its use and its contents. With reference to the .COM and .NET domains, the Customer undertakes to indemnify Verisign (the Authority of the .COM and .NET Domain Registry) to the maximum extent permitted by law from and against any claim, damage, liability, cost and expense, including reasonable legal costs and fees arising from or relating to the registration and / or use of a domain name whose rights are of third parties.

With regard to all extensions managed by the partner Rightside, the terms and conditions contained in the Rightside Registry Terms and Conditions are expressly accepted. http://rightside.co/fileadmin/downloads/policies/Rightside_Registration_Terms.pdf.
Art. 3.3 Prepaid Credit allows you to purchase any product / service with a prepaid payment method at advantageous prices.
Art. 3.4 Dedicated Server, consists in the supply of a hardware rental service and housing service.
Art. 3.4.1 Limitations on dedicated servers: there are no limitations on dedicated servers
Art. 3.5 Virtual Server, consists in the possibility of renting a portion of the server.
Art. 3.6 Cloud, consists of applications and platforms in hosting, built on a shared infrastructure and delivered via web browser.
Art. 3.7 All the technical characteristics of the services listed above can be found on the website microchip.ch, in the section corresponding to the service purchased.

4 Activation

Art. 4.1 The online request for activation of the service and payment of the amount due made by the Customer constitute full acceptance of the general conditions referred to in this contract.
Art. 4.2 Any service defined as ancillary to the service and requested by the Customer, even after the stipulation, is subject to the conditions of this agreement.
Art. 4.3 The Customer, acting in absolute autonomy, can purchase the services offered by MICROchip to eventually resell them to third parties and is considered as an independent entity from MICROchip and has no authority to act in the name and on behalf of the same.

5 User ID and Password

Art. 5.1 MICROchip, on the occasion of the first request for activation of a service, will send the identification code (UserID) and a keyword (password) to the reference e-mail address, entered in the order phase by the Customer.
Art. 5.2 The Parties acknowledge and agree that these UserIDs and Passwords constitute the only means suitable for identifying the Customer when accessing the Services.
Art. 5.3 The Customer must diligently keep the password, keeping both the code and the password secret for the entire duration of the subscription and will, in any case, be exclusively responsible for any damage caused by knowledge, or use, of the password and / or the UserID from third parties.

6 Duration, renewal, termination and termination

Art. 6.1 This contract will have a duration of one year or that which the parties will agree on and will have effect and validity from the date of activation of the service and is considered perfected and concluded in Cassino at the time of acceptance by MICROchip of the request or proposal of the customer.
Art. 6.2 At the deadline set, this contract, unless otherwise agreed in writing, will be considered tacitly renewed, or expired and not subject to further renewal, depending on the type of service being supplied and, in any case, as indicated below:
1) Server, Vps, Supercloud, Reseller Plans. The notice of termination must be sent to the email address at least 10 days before the contractual expiry date [email protected] , otherwise the service will be tacitly renewed.
2) Remaining services: on the contractual expiry date, the renewal will take place only if the customer makes the payment according to the methods set out in art. 7 of this contract.
Art. 6.3 Starting from 60 (sixty) days before the expiry, MICROchip without obligations towards the Customer, will have the right to send to the same, through the reference e-mail addresses, notices of expiration and the instructions to follow in order to renew the service.
Art. 6.4 The Customer undertakes to communicate to the MICROchip the update of the contractual reference email in order to be sure of receiving the technical / commercial communications from the MICROchip.

7 Fees and payment conditions

Art. 7.1 The Customer undertakes to pay the amount due at the time of requesting the activation of the service, by payment to be made according to the methods indicated at the following url: Payment mode
Art. 7.2 The cost of each service is within the website web microchip.ch or those agreed between the parties.
Art. 7.3 The renewal must be carried out by the Customer by the expiry date of the service, by payment to be made according to the methods indicated at the following url: Payment mode
The renewal of services made by bank transfer or postal order will be processed only when the sums are credited to our current account.
Art. 7.4 MICROchip does not guarantee the success of the renewal procedure if this has been requested by the customer when the service has already expired or if the payment report is incomplete in the information, with particular reference to the transaction code.
Art. 7.5 In the event that MICROchip, for reasons not attributable to causes referred to in Articles 7.4, 13.1 and 15, does not fulfill the renewal of the service, as a penalty he will have to extend it free of charge for a further renewal period. The Customer acknowledges and accepts that he is entitled exclusively to the extension of the service and that he cannot make any request for compensation, damages or claims of any kind against MICROchip. The Customer, therefore, relieves MICROchip from any responsibility in this regard, including any problems of visibility or of any other nature that may arise following the expiry of the Service not renewed in the contractual terms.

8 Right of withdrawal

Art. 8.1 The Customer, a natural and legal person, has the right to withdraw from the contract without any penalty and without specifying the reason, within 30 working days from the day the service is activated and the related communication. The right of withdrawal is exercised by means of a written communication addressed to the MICROchip only by certified e-mail to the address [email protected]. The amounts already paid by the Customer, excluding the cost of the domain, which will remain the property of the Customer, will be reimbursed within 5 days of receipt of said communication.
Art. 8.2 If the Customer intends to withdraw from this agreement before the expiry of the same, he will have to pay the entire economic portion of relevance also for the contractual period of service not enjoyed, by way of cancellation penalty.

9 Customer Obligations

Art. 9.1 The Customer during the registration phase on the MICROchip site is required to enter his personal data for the execution of the contract of which he guarantees, under his own personal responsibility, the veracity of the same, and to communicate within 10 days any possible variation. In the event that the Customer has provided MICROchip with data that prove to be false or incomplete or data that MICROchip has reason, at its sole discretion, to believe such, MICROchip reserves the right to:
a) reject the request sent by the Customer;
b) suspend the services without notice;
c) terminate the contract.
In the event of suspension or termination of the contract, MICROchip may request compensation from the Customer for the greater damage and it is understood that the Customer may not make any request for reimbursement, indemnity and / or compensation for the period of time in which no will have used the Service.
Art. 9.2 The Customer undertakes to use the Services with the best diligence, in such a way as not to compromise, for the Services offered by MICROchip in sharing, the stability, security and quality of the Services themselves, also with regard to use of others.
Art. 9.3 The Customer also undertakes not to use the Services for illegal purposes and not to violate in any way all applicable national and international standards, including regulations.
Art. 9.4 The Customer also undertakes to comply with the Netiquette rules available at nic.it/NA/netiquette.txt and the provisions contained in the policies prepared by the competent Registration Authorities for the extension of the chosen domain, published on related institutional sites such as for domains with .it extension, those published on the site http://www.nic.it/, for domains with .eu extension, those published on the site http://www.eurid.eu. It also undertakes to comply with ICANN's UDRP policy, available on the website http://www.icann.org.
Art. 9.5 The Customer acknowledges that he is solely and exclusively responsible for the activities carried out through the Service directly or indirectly referable to him, and in particular that he is responsible for the contents and communications inserted, published, disseminated and transmitted on or through the Services . Therefore, MICROchip cannot be held responsible in any way for criminal, civil and 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)
Hacking related sites / hack programs
Sites that promote illegal activities
Forums and sites that distribute or link warez / piracy / illegal content sites
Fraudulent sites
Anonymous or Bulk SMS Gateways
Backup: The account cannot be used as a backup solution
Material not acceptable on Virtual / Cloud / Dedicated Servers
IRC scripts, eggdrops, bots
Proxy Scripts / Anonymizers
Pirate / Warez Software
IP Scanners
Bruteforce / Scripts / Applications programs
Mail Bombers / Spam Scripts
File Dump / Mirror Scripts (similar to rapidshare)
Hacking related sites / hack programs
Sites that promote illegal activities
Forums and sites that distribute or link warez / piracy / illegal content sites
Fraudulent sites
Anonymous or Bulk SMS Gateways
Server games such as counter-strike, half-life, battlefield1942, etc.
Art. 9.7 Spam. MICROchip has zero tolerance for spam. The customer will not be able to carry out spamming or equivalent actions (upload, send programs, transmit or disseminate any material that contains viruses, other codes, files or programs created to compromise, interrupt, destroy or limit the functioning of the network, carry out phishing or other equivalent actions of an illicit nature tending to steal personal data or other confidential information from users). In this case, the Customer will be contacted and if he does not immediately take action to resolve the problem, MICROchip will, without any other notice, suspend the service subject to illegal actions.
Art. 9.8 It is understood, and of this the Customer acknowledges and accepts, that MICROchip does not provide, unless otherwise agreed in writing, the additional backup service of contents, connection data and those relating to IP addresses. In the event that the backup service made available by MICROchip fails, MICROchip undertakes exclusively to pay double the amount paid for the purchase of the backup service. The Customer will not be able to make any further claims against the MICROchip, or as compensation, indemnity or other title and now by then exonerates MICROchip from any responsibility in the event of total or partial loss of data, due to any cause.
Art. 9.9 The Customer, therefore, unless otherwise agreed in writing, is required to save the Logs for the duration provided for by applicable laws and regulations, in order to limit damage, loss of files, memory, documents or any other element of the server.
Art. 9.10 The Customer accepts and acknowledges that he is legally responsible for providing the Logs at the request of the Authorities (Police, Forces of Justice, etc.).
Art. 9.11 The Customer undertakes to indemnify and, in any case, to hold harmless MICROchip from any action, request, claim, cost or expense, including any legal fees that may arise from the same due to the Customer's failure to comply with the obligations undertaken and of the guarantees given with the acceptance of this contract.

10 Suspension of service

Art. 10.1 MICROchip reserves the right to immediately suspend the Service if it deems that the Customer could compromise the stability, security and quality of the shared Services or performs activities that violate the obligations set out in this contract. In this case, the Customer will have to eliminate the causes. In case of non-immediate response, MICROchip will have the right to immediately terminate the contract, without prejudice to the right to full payment of the consideration and the right to take action for full compensation for any damage suffered.
Art. 10.2 MICROchip has the right to suspend, without notice, the provision of the service if the Customer is in default due to non-payment of the fees.
Art. 10.3 In the event of suspension of the service for any reason, MICROchip reserves the right to extend the effects of the suspension of the service to other contractual relationships functionally and inseparably connected with this contract, regularly established and in place with the Customer. The suspension or termination of the service will result in the destruction of any material present, after 10 days from the date of suspension and / or termination of the service. No claim for damages can ever be made by the Customer against the MICROchip following what is specified in the preceding paragraphs.

11 Obligations of MICROchip

Art. 11.1 MICROchip undertakes to use the best technology and the best resources available to provide the services covered by this contract, without prejudice to the need to proceed with hardware and software updates based on contingent circumstances.

12 Guarantee of operation (SLA)

Art. 12.1 The Services (including additional ones) will normally be available 24 (twenty-four) hours a day (twenty-four); however, the Customer acknowledges and accepts that MICROchip may suspend and / or interrupt their supply to allow the execution of ordinary or extraordinary maintenance interventions that may be appropriate and / or necessary both to the Server Farm premises, and to the servers and / or equipment contained therein. In such cases, MICROchip undertakes to carry out the aforementioned interventions as quickly as possible and to restore the Services as soon as possible, in order to reduce the inconvenience created for the Customer. The Customer acknowledges and accepts that he will not be able to make any request for compensation, reimbursement or compensation against MICROchip for the period of time in which he has not been able to use the Services.
Art. 12.2 The quality of the service offered by MICROchip is certified by the Service Level Agreement which covers: Network performance, Hardware replacement times, support response times, domain visibility.
Art. 12.3 MICROchip guarantees defined times for each operation, and thanks to the technical support divided into three progressive levels, Customers always receive timely and targeted assistance based on the seriousness of the problem.
Art. 12.4 Hardware SLA. MICROchip guarantees the correct functioning of all hardware, including servers, firewalls, load balancers, storage, switches, in the event of a hardware problem the replacement of the faulty part will take place within 2 hours free of charge. This warranty does not include account restore from backup, RAID array rebuild, application installation and configuration. In the event that the intervention for the replacement of spare parts lasts beyond 2 (two) hours, MICROchip will reimburse the Customer 20% of the monthly fee for the service.
Art. 12.5 Response time SLA. MICROchip technical assistance guarantees precise response times; support requests can be divided into two categories: A) emergency - response time 5 minutes. Server down, lost packets, routing problems fall into this category. B) all other cases - response times 15 minutes. The customer's request for support will be assigned an identification code (ticket id) which will be answered within the times indicated above. MICROchip provides H24 x 365GG telephone assistance as an alternative channel for technical support (not provided forhosting shared, for pec and for powermail). In the event that response times exceed 5 (five) minutes for the emergency, 15 (fifteen) minutes for routine problems, 1 (one) minute for telephone support, MICROchip will reimburse the Customer 20% of the monthly fee. of the service.
Art. 12.6 Network Uptime. MICROchip guarantees 99.95% connectivity for all systems. No refunds can be applied for downtime of less than 10 minutes. In all other cases of applicability of the SLA, MICROchip will reimburse the Customer 10% of the monthly fee for the service.
Art. 12.7 In no case may the total value of the reimbursements paid out during the year exceed the monthly fee for the service.
Art. 12.8 The Customer, in order to access the refunds, must send within 7 (seven) days from the occurrence of the requested event to the pec address [email protected], reporting in detail the problem encountered

13 Limitation of Liability of MICROchip

Art. 13.1 In no case MICROchip will be held responsible for the malfunctioning of the services deriving from causes attributable to telephone lines, electricity and global and national networks, including breakdowns, overloads or interruptions, and in any case for facts dependent on third parties.
Art. 13.2 No compensation for damages can be requested from MICROchip for direct and / or indirect damages caused by the use or non-use of the services.
Art. 13.3 MICROchip cannot be held responsible for non-fulfillment of its obligations deriving from causes of force majeure.
Art. 13.4 The user undertakes to hold MICROchip harmless from all losses, damages, liabilities, costs, charges and expenses, including any legal fees that may be incurred or incurred by the MICROchip as a consequence of any non-fulfillment of the obligations assumed and guarantees provided by the user with the signing of this contract or membership form and, in any case, connected to the entry of information in the space provided by the MICROchip, even in the event of compensation for damages claimed by third parties for any reason.
Art. 13.5 In any case, MICROchip declines any responsibility towards the Customer or third parties for delays or interruptions of the service, specifying that the very nature of the internet does not guarantee the reachability of a website or the e-mail addresses in certain times.
Art. 13.6 The Customer releases MICROchip from any civil and criminal liability for the illegal use of the services used by him and his customers.

14 Insurance Policy

Art. 14.1 MICROchip is the holder of an insurance policy for Professional Liability.

15 Force majeure, catastrophic events and fortuitous events

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

16 Changes

Art. 16.1 MICROchip reserves the right to change the conditions indicated in this agreement and the fees applicable to this agreement at any time, by notifying them by e-mail.
Art. 16.2 The Customer has the right to withdraw within 15 days by written communication, to be sent by fax or by e-mail. In case of lack of communication by the Customer, the changes made are considered accepted and will come into force at the first contract renewal.

17 Express termination clause

Art. 17.1 This contract is automatically terminated pursuant to art. 1456 of the civil code for non-fulfillment of even one of the obligations envisaged by the customer.

18 Automatic takeover of the contract

Art. 18.1 In the case of assignment or succession for any reason by the customer, the successor will acquire rights and obligations deriving from this contract.

19 Intellectual and / or industrial property rights

Art. 19.1 MICROchips, with the exception of software managed under license and / or owned by the Customer, remains the sole owner of the rights relating to inventions and programs (including software, documentation and studies, etc.) and to anything else that has been created , developed according to the services purchased by the Customer, who is granted only a limited and non-transferable right of use.
Art. 19.2 In the event that the Customer violates the industrial and / or intellectual property rights of MICROchip or other subjects, MICROchip, after notifying the Customer, will terminate the contract pursuant to Art. 17.

20 Confidentiality

Art. 20.1 The personal data provided by the Customer to MICROchip are protected by article 13 of Legislative Decree n.196 / 2003 and subsequent amendments and additions, Code regarding the protection of personal data.
Art. 20.2 The Customer gives his consent to the use of his personal data for the purposes of the execution of this contract also in relation to the activities of third parties essential for the fulfillment and verification of the obligations.
Art. 20.3 The data controller, pursuant to law no. 196/2003, is the MICROchip;
Art. 20.4 The provision of all data relating to this contract is strictly connected to the execution of the relationship so that any lack of consent will make it impossible to execute the contractual relationship.
Art. 20.5. MICROchip undertakes not to disclose the personal data processed to unauthorized persons or to use them for purposes other than those strictly connected to the execution of this contract, without prejudice to legal obligations and any orders from the judicial authority or other Authorities authorized by law. . MICROchip also declares that the software installed on its Hosting server has been provided and created by the Customer and the updates that will be made and all the changes made according to the technical management solutions adopted, remain and will remain confidential, and not accessible to strangers and not authorized by the Customer. MICROchip or its staff may not, under any circumstances, have third parties view, copy and / or use, sell and / or install said software in whole or in part without the written consent of the Customer nor claim any rights over it as it is exclusive property. of the Customer.

21 Complaint, conciliation and jurisdiction procedures

Art. 21.1 Any complaints regarding any aspect concerning the contractual relationship and / or the provision of the service must be forwarded to MICROchip, by written communication within 8 (eight) days from the occurrence of the reason. MICROchip will examine the complaint and provide a response to the customer within 5 (five) days of receipt of the complaint. In the case of complaints for particularly complex facts, which do not allow a complete response within the above terms, MICROchip will inform the Customer within the aforementioned maximum times on the progress of the practice.
Art. 21.2 Having experienced the complaint procedure referred to in Article 21.1, the Customer who is not satisfied will be able to access alternative conciliation procedures to ordinary jurisdiction by sending the appeal to the Frosinone Chamber of Commerce. In particular, no appeal may be lodged in the courts until an obligatory attempt at conciliation has been made. To this end, the deadlines for taking legal action are suspended until the deadline for the conclusion of the conciliation procedure has expired. In any case, the choice of these procedures will not preclude recourse to ordinary jurisdiction.
Art. 21.3 The applicable law is exclusively that of the Italian State. For all disputes relating to this contract, the Parties establish and recognize the jurisdiction of the Court of Cassino.

22 Ownership and Registration

Art. 22.1 This contract belongs to MICROchip snc and its use, even partial, in any relationship unrelated to it is prohibited; any abuse will be prosecuted according to the law.
Art. 22.2 This contract will be registered only in case of use.

23 Vexatious clauses

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses:
3) Description and characteristics of the services
5) User ID and password
6) Duration, renewal, cancellation and termination of the contract
7) Fees and payment conditions
8) Right of withdrawal
9) Obligations of the Customer
10) Suspension of performance
13) Limitation of liability of MICROchip snc
17) Express termination clause
21) Complaint, conciliation and competent court procedures