1. General - Scope
    1. The following terms and conditions apply to all business relationships between the customer, following named also as "you" or "users", and Prometeus di Daniela Agro, following named as “us” or "Prometeus". The governing law is that which was valid when the contract was put into effect.
    2. Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
    3. The various top-level domains (“domain suffixes”) are administered by a multitude of different, mostly national, organisations.

      Each of these organisations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes. As far as domains concern the contract additional registrars terms and conditions apply.

  2. Conclusion of the contract
    1. Our offers are subject to change. We reserve the right to make technical and other changes within reason.
    2. Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer's order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
    3. We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
  3. Scope of services
    1. As far as the subject of the contractual relationship is concerned regarding the registration of domain names, we conduct the procurement of the desired domain only. For the actual allocation of the domain name, the customer can only expect it if this is confirmed by us. We do not have any influence over the allocation of the domain. A liability and warranty for the actual allocation of ordered domain names is therefore excluded.
    2. We guarantee an annual average of 99% network availability for the infrastructure of our computer center. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.
    3. The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.
    4. If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.
    5. Technical limitations are regulated by the following Acceptable Use of Service:
      • Shared Hosting Packages are not to be used as a backup service. All stored files that reside on your account must be directly related to your web site. Archiving MP3, video, images or backups is prohibited on shared hosting packages. If you need these abilities we recommend that you upgrade to a dedicated server, iwStack or VPS service
      • The use of your account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s)/application(s) are better suited for a different service, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website, application or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources).
        At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
      • Users may not utilize the Services to subvert, or assist others in subverting, the security or integrity of any Prometeus systems, facilities or equipment; or to gain unauthorized access to the computer networks of Prometeus or any other person.
      • Users may not utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.
      • Users may not utilize the Services to forge the signature or other identifying mark or code of any other person, impersonate or assume the identity or any other person, or engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames).
      • Users may not utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.
      • Users may not utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).
      • Users may not utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam
        or to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.
      • Users may not utilize the Services in any manner that might subject Prometeus to unfavorable regulatory, law enforcement or other legal action, subject Prometeus to any liability for any reason, or adversely affect Prometeus's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Prometeus in its sole discretion;
      • While on a shared hosting platform, users may not utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation, directly opening any listening port, starting any 'daemon' process, performing local/remote security scans, simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, circumventing firewall restrictions, connecting to any IRC/Peer to Peer file sharing server/network, providing 'tracker' services to 'BitTorrent' clients and/or exploiting web browser vulnerabilities, as determined by Prometeus in its sole discretion or attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Prometeus, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms.
      • Users may not utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
      • Users may not utilize the Services to offer open proxy or public vpn.
      • Users may not utilize the Services as a gaming desktop, whether the gameplay is manual or automated.
      • Users may not utilize Rage4 service to provide DNS to 3rd party (i.e. it cant be used by other service providers), only personal fair use is allowed.
      • BIZ VPS users cannot run the following software:
        • Peer to peer software
        • Game servers
        • TOR
        • IRC clients and servers
        • Video chat (like, but not limited to, camfrogserver)
        • CPU intensive appications (such as, but not limited to bitcoin and other currency mining)
        • Card sharing software (such as, but not limited to cccam, oscam, etc.)
      • All other VPS or iwStack users cannot run the following software:
        • TOR exit node
        • Video chat (like, but not limited to, camfrogserver)
        • CPU intensive appications (such as, but not limited to bitcoin and other currency mining)
        • Card sharing software (such as, but not limited to cccam, oscam, etc.)
      • Prometeus in its sole discretion may discontinue service without any notice to any Hostiing, VPS or iwStack customer that
        • uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources)
        • Is targeted by denial of service attack.
        • Run software that can lead to network abuse.
    6. Technical support services are not included in the offers. If needed or desired the user will be charged separately. The effective prices are available at any time at http://www.prometeus.net.
    7. If the abovementioned guidelines are contravened, Prometeus in its sole discretion has the right to suspend or terminate the service without any notice.
  4. Data integrity
    1. Where data is transmitted to us, the customer is to back up their data regularly. The servers will be backed up regularly by us only when this is part of the offer. In the case of data loss, the customer must reload the data.
    2. The customer is obliged to carry out a complete data backup before any changes are made. We are not responsible for any damage direct or indirect caused by a data loss.
    3. The customer will receive an user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases the client is able to request a new password, which we then send on to the clients.
  5. Privacy
    1. Our data protection practise conforms to the Italian Law.
    2. Personal data of customers will only be collected and used, if they are required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to update these data in its online administrations area.
    3. The client’s Email address will only be used for information on orders, for invoices and – provided that the client does not object – for customer care as well as for our newsletter, if the client so wishes.
    4. We do not give any personal client information to third parties, with the exception of our service partners as far as they are required to determine the remuneration and settlement with the customer.
    5. The client has the right to information and a right to amend, to suspend or to delete his saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.
  6. Published Content (shared hosting services)
    1. It is the customer's responsibility to identify the Internet content as their own or as third-party content. The customer's full name and address must be present. Further obligations may result from the current laws. The customer is obliged to examine these provisions and to comply with them.
    2. The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.
    3. The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers' content.
  7. Published Content (All services)
    1. The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.
    2. PLEASE NOTE THE FOLLOWING SITES ARE STRICTLY PROHIBITED. Sites which contain copyrighted material; porn sites; warez, hacker, pirated, torrent or leech sites; sites which promote bulk email software or spamming; sites that promote illegal activity; sites with content that may be damaging to the servers; spamming is STRICTLY PROHIBITED. Any sites that are brought to our attention because they are spamming will be immediately deleted from the root directory without advanced notice and your money will not be refunded. We reserve the right to remove any account without advanced notice for any reason we sees fit.
  8. Liability
    1. For direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.
    2. With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with the product liability law.
    3. For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annually fee.
    4. If the customer’s web content is in violation of paragraph 6 of obligations, particularly in violation of legal prohibitions or morality, they shall be liable to us for all of the resulting direct and indirect damages, including property damage.

      In addition, the customer agrees to free us from all claims by third parties – no matter which kind – that may result from illegal internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys' fees).

  9. Terms of payment
    1. The current valid prices are accessible at any time at http://www.prometeus.net.
    2. Depending on the contractual agreement, a monthly, annual or biannual account will be issued. All payments are carried out through issuing an invoice or a proforma. Payment is due immediately upon receiving the notice of payment.
    3. We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices.

      If the client is a consumer/end-user, the amount of interest charged will be 5 percentage points above the base rate. If the client is a contractor/business, the interest charged will be 8 percentage points above the base rate.

    4. We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.
    5. All payment aren't refundable.
    6. Invoices are sent by Email as attachments.
  10. Contract duration/cancellation/place of execution
    1. Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.
    2. The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can only be done in writing by letter, fax or via the secure online administrations area, provided this option is available.
    3. We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6.

      Another important reason, that can result in block or determination without notice, may be that the customer uses content, which affects the performance or the safety of the server.

    4. The place of business for all services under this contract is Milan, Italy. Jurisdiction for all disputes arising from this contract is for the relevant local Milan court if the customer is a contractor, a legal entity of public law, or public legal special fund.

      The same applies if the customer does not have general jurisdiction in Italy or when the domicile or habitual residence at the time of the action is not known. We are also entitled to take legal action in the country of residence of the customer.

    5. If the client intends to devolve his contractual rights to another person, he requires our consent. Devolution of contractual rights can only be done in writing by letter, fax or via the secure online administrations area, provided this option is available. When devolution is carried out by letter or fax, the previous and the new contract partners must both provide a signature.
  11. Rules for reseller
    1. The customer is entitled to third-party contractual rights using the internet presence provided to him by us. In this case, the client still remains the sole contractor. The client is committed to all the terms of the contract, arising from the terms and conditions as well as from our order forms, passing these on to all third parties and obliging them to comply with the terms. This also applies to the requirements in section 1.3 of these terms and conditions.
    2. When changes need to be made regarding the participation acts of third parties, the customer is obligated to cooperate. The customer will provide us with the third party's address and contact details on request. We are entitled, in the case of changes, to contact third parties directly to demand their written agreement to the changes.
    3. The customer is responsible for all third party contractual violations. The customer is financially liable to us for all damages resulting from third party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.
  12. Queries and complaints
    1. Queries and complaints should be addressed to Prometeus di Daniela Agro', Via Boccaccio 14, 20093 Cologno Monzese.