This Order of Service ("OS") is part of the services offered ("SO") by Sitonline Srl ("SOL" or "Sitonline") and of the General Conditions of Service ("CGS"). The CGS and the OS provide the terms and the conditions for the supply of the Domain Names Registration Service ("DNR Service") from SOL to the Users.
1 DEFINITIONS
For the purpose of the DNR Service, the following terms have the following meaning:
Registration Authority (RA): National or International organism responsible for establishing rules and procedures for the allocation of Domain Names, for the management of registers and primary name servers of the various TLD (Top Level Domain).
Rules of Naming: applicable regulation that contains the rules for the allocation of Domain Names within the various TLD.
Maintainer: organisation that files to the qualified Authority the user's registration requests regarding a Domain Name and acts as a maintainer of the information and of the data in relation to a Domain Name. Acts as intermediary between the person who intends to register the Domain Name and the Authority.
Registrar: organisation authorized by the Registry to insert data in the database of the concerned TLD (i.e. .com, .net).
Registry or RNA: Register of the Assigned Names, that is the database of the Domain Names registered under the various TLD, kept by the qualified RA.
DNS (Domain Name Service) is a specific codification system that enables to transform the Domain Name into a numeric IP address. It is therefore the instrument that enables to trace on the internet the computer associated with the registered domain.
TLD: Top Level Domain: is the last part of the Domain Name, i.e the alphanumeric abbreviation that follows the dot after the URL.
2 DESCRIPTION OF THE DNR SERVICE
The DNR Service consists of the supply from SOL to the User of a service for the performance of:
any necessary operations for the request of Domain Names registration with the various qualified Authorities, as well as any activity for the maintainance of the Domain Name recorded as Provider, Maintainer, Registrar or Reseller;
any perations necessary for the request of Change of Maintainer or of Transfer Registrar of Domain Names;
any operations necessary for the request of Change Owner/Assignee of Domain Names.
3 CHARACTERISTICS OF THE DNR SERVICE
SOL provides to the user, who buys one of its Packages, a platform that permits to carry out the necessary operations for the DNR Service.
the DNR Service includes the control of the availability of the Domain Name at the time of the request, the support during the registration phases of a Domain Name and the maintainance of the Domain Name for one year.
The Service of Change of Registrar/Maintainer gives the possibilty of transferring the management of a Domain Name from a Registrar/Maintainer to SOL. The domain for which it is required this service must be transferable according to the conditions set out by the actual Registrar and/or by the qualified authority.
The service of Change of Owner permits to change the owner of the Domain. If the TLD of the Domain Name is '.com', '.net', '.org', the domain must be duly registered and kept by SOL, if the TLD is '.it', it can be kept by a different Registrar.
If the user wants to keep the Domain Name registered on DNS of SOL, SOL will provide the gratuitous emails management service, as defined in the in the SO, for the period indicated below, depending on the package acquired by the user, with the applicable maximum capacity offered.
4 CONDITIONS OF THE DNR SERVICE
4.1 RULES AND PROCEDURES: the rules and procedures relating to the DNR Service are set out by the respective qualified Authorities. The User undertakes to know and respect the rules of said Authorities.
4.2 RESPONSABILITY OF SOL: SOL provides the DNR Service as an agent. The agency granted to SOL does not imply any responsability, except in case of violation, for a fact attributable to SOL, of the Policy of the qualified Authority.
The User acknowledges that a Domain Name is assigned as a right to use it, therefore the assignee does not become the legal owner; the Domain Name can be considered assigned only when the applicant is indicated as assignee of the Domain Name in the database of the qualified Authority.
SOL carries out the request of DNR Service respecting the chronological order of the requests according to the time of receipt, as long as they are assisted by a valid order of payment.
In case of request of Change of Registar/Maintainer and/or Owner/Assignee, SOL will execute the order once the appropriate request form has been duly completed.
The activity of SOL consists in filing the requests of the Users with the competent organs responsible of assigning the Domain Names to the applicants.
The User therefore acknowledges that SOL does not assure the registration and the changing of the Registrar/Maintainer and/or Owner/Assignee of the requested Domain Name.
SOL shall not be responsible for the failed registration by the qualified organ, except in case the request of registration has not been sent by SOL to the qualified organ.
If the User, during the relationship, decides to move the domain to other Maintainer/Registrar, SOL will keep the money paid by the User as a consideration for the withdrawal.
The User is aware that the registration of a Domain Name can be suspended, deleted or transferred, in case the qualified Authority considers that the procedure adopted by the Registrar or by the Registry is not consistent with the policy and the procedures adopted by the same Authority. The DNR Service could be suspended, deleted or transferred if the qualified Authority requires the correction of errors made during the registration of the Domain Name or acts in the process of solving disputes in relation to the domain registered.
In any case, the hypothetical liability of SOL vis-a-vis the User and toward third parties for direct or indirect damages deriving from the failed registration of one or more domains shall not exceed the price paid for the purchase of the relevant Service.
4.3 USER'S DATA: the User shall provide SOL the following personal data: name and surname, post address, email address, phone and fax number if it is available, name of a person authorized to be contacted in case of a company, names of the primary and secondary servers, personal data and contacts of the person in charge of technical matters. In relation to the domains with TLD ".it", the User may choose whether the information provided can be published on the "whois" kept by the concerned Authority or not. The User undertakes to provide correct and updated information and to promptly communicate any changes.
In case of failed updating of data, the User will be responsible vis-a-vis SOL and vis-a-vis third parties, holding SOL harmless and indemnified from any prejudice that may arise.
The User represents that with the registration of the Domain Name he does not infringe copyright or intellectual property rights of third parties. SOL shall be entitled at any time to ask the User the documentation that demonstrates the title and/or the availability of the Domain Names for which the registration is requested. SOL reserves the right to interrupt the DNR Service if it becomes aware of the violation of third parties' rights, or if it has not received, in full or in part, the payment of its services, also as a penalty, without prejudice to any compensation for damages.
4.4 DISPUTESN RELATING TO THE ASSIGNMENT OF DOMAIN NAMES: in case of disputes relating to the assignment of Domain Names, the general rules of the qualified Authorities will be applied.
5. OPTIONS AND CONDITIONS FOR THE USE OF EMAILS
5.1 Domain Names: the use of emails associated with the Domain Name is provided by SOL only and exclusively in relation to the domain contemplated by this OS. The User agrees that if during the period of validity of this agreement, as provided in article 6 below, the User himself does not renovates or transfers to another Maintainer/Registrar his own Domain Name, the Mail Service will be interrupted, because impossible, and SOL shall be entitled to the payment of the agreed compensation, in case of transfer, as a consideration for the withdrawal.
5.2 CAPACITY AND NUMBER OF EMAIL BOXES: the maximum capacity set in the OS for each email box may not be exceeded. The User is exclusively responsible for the periodical deletion of the messages from the server.
5.3 USER'S OBLIGATIONS: the User undertakes that he will not execute any direct or indirect spamming through the Mail Service of SOL, not even involving indirectly any other SOL Service or directly the technical structue of SOL.
SOL has the right to immediately suspend the Service, upon its discretion or under the indication of third parties, if the User performs activities in violation of the obligations contemplated in this article 5. Upon receipt of notice, the User must interrupt immediately the prohibited behaviour or shall provide evidence that demonstrates the full compliance with the applicable rules. In case of failed immediate feedback, SOL shall have the right to terminate the agreement and to obtain, as penalty, the payment of the full compensation due, plus the right to sue for the entire compensation of damages suffered.
6. DURATION
The DNR Service and its renewal are conditioned upon the purchase of a Package of SOL services and the duration of the DNR Service is equal to the duration of the Package bought. To renovate the Package, the User shall follow the procedure set out by the CGS. In case of renewal of the Package before its expiry, the original expiration date of the DNR Service will be respected.
In case of contrast between the expiration date indicated by SOL and that contemplated by the qualified Authority at the time of signing, the date provided by the Authority shall prevail.
7. COMPENSATION
The compensation for the DNR Service is included in the Packages of SOL Services as described in the SO, that is part of this agreement. The DNR Service and its renewal are conditioned upon the purchase of a Package of SOL Services and therefore it is not possible to purchase the DNR Service alone.
8. AVAILABLE DOMAIN EXTENSIONS
Sitewith.us allows the Users to register or transfer their own domains with all the following extensions:
.com
.net
.org
9. ACCEPTANCE OF THE OS
By accepting the OS, the User undertakes not to assign this agreement, represents to be of age and to have fully read this agreement, fully accepting its terms and conditions.
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