Terms & Conditions Web Hosting

This Service Order ("SO") is an integral and substantial part of the General Service Conditions ("GTC"). The CGS and this SO establish the terms and conditions for the provision of Web Hosting services by Swizzonic to the Customer. The capitalized terms used in this SO have the same meaning as defined in the CGS.

The commercial offer of cPanel Hosting services published online on the Swizzonic.ch website forms an integral part of these conditions.
1 - Description of the Service
The Service is activated by the Customer following purchase by clicking on the relative button in the control panel and consists in Swizzonic's supplying the Customer with a storage space on the hard disk of its own server, dedicated to sharing web contents via http and/or https protocols. The technical specifications and details of the Service can be viewed on Swizzonic's website in the product channel relating to the Service itself. Swizzonic does not supply any physical equipment directly to the Customer. The Swizzonic servers through which the Service is provided are located at the server farm owned by the team.blue group based in Brussels, Belgium and based in Milan, Italy.

The Service is offered through various solutions, each of which is defined by particular technical characteristics. The possible solutions are published up-to-date on the Swizzonic website, indicating the technical differences and the relevant economic offer. Swizzonic reserves the right to also formulate promotional offers during the course of the contract, which will be highlighted and publicised on the site, in which case the conditions and terms set forth therein must be observed, particularly with regard to compliance with the memory space and traffic limits.

The Service may be provided with an already operational installation of the WordPress content management system, complete with basic theme and basic plug-ins.
In this case, the customer undertakes to independently manage the installation of WordPress in all its components (basic or core code, plug-ins and themes); the solution will in any case include ftp and SSH access and mysql management through which the customer can upload files or make changes to the website directly in production. The licence under which the WordPress software is released is the GPLv2 (or later) of the Free Software Foundation. More information is available at https://it.wordpress.org/about/license/

The Service is offered by means of various solutions, each of which is defined by its own limits and technical characteristics: these solutions are published in an updated manner on the Swizzonic site, indicating the technical differences and the relative economic offer. Swizzonic reserves the right to also formulate promotional offers during the course of the contract, which will be highlighted and publicised on the site, in which case the conditions and terms set forth therein must be observed, particularly with regard to compliance with the memory space and traffic limits.

2 - Conditions of Use of the Service
The Customer undertakes to use the Shared Hosting Managed or Unmanaged service ("the Service") in accordance with the GCS, this SO and any applicable rules, including regulatory ones.

2.1 - Association with a Domain Name
The Service is provided by Swizzonic in association with second-level Domain Names that, at the time the Service is activated
1) are managed through Swizzonic, are administered in the same control panel where the Service is activated and use Swizzonic's DNS, or
2) are managed through Swizzonic and do not use Swizzonic's DNS, or
3) are maintained by third-party providers and do not use Swizzonic's DNS
Swizzonic will proceed with automatic updating of the DNS zone of the domain associated by the Customer with this Service only if Swizzonic is the operator of the authoritative Name Server and the A and CNAME www records of said domain do not point to a page other than Swizzonic's courtesy page; in all other cases and in cases where Swizzonic is not the operator of the authoritative Name Server for that domain, it will be up to the Customer to update the DNS zone.
The Customer releases Swizzonic from any malfunction deriving from a DNS zone configuration error or any event that may render the DNS inaccessible in the case of Name Servers not maintained by Swizzonic.

2.2 - Access and Use of the Service
The Customer accesses the management area of his Service through Swizzonic's control panel: through the Service management area, the Customer will be able to check its status and extrapolate some detailed data.

The Customer remains the sole party responsible for the installation of any third-party software not provided in the initial installation of this Service. Swizzonic shall not be held liable in any way for damages resulting from such installations by the Customer or third parties. The Customer shall indemnify Swizzonic to the fullest extent permitted by law in this regard.
The Customer represents and warrants that (1) he/she has the right to use and install the software, (2) he/she has paid any applicable license fees for the software, (3) the software does not and will not infringe and violate the intellectual and industrial property rights of any other person or entity, and (4) he/she complies with the terms and conditions relating to the use of the installed software.
The Customer declares that he/she has sufficient technical knowledge that enables him/her to properly maintain, maintain and use the hosting space.

The Customer shall be responsible for all activities or charges and associated costs arising from the use of the service, whether or not authorised by the same, and acknowledges that Swizzonic shall not be liable for any loss of data or confidential information or other damages resulting from such use.

2.3 - Use of Resources Associated with the Service
The Customer assumes any and all responsibility for the data and contents of his or her hosting space related to this Service. Any operation performed on the web space or databases associated with the Service is the sole responsibility of the Customer.
It is understood that in the case of purchase on behalf of a third party, the Customer shall be responsible for the data entered in the web space granted through the Service on behalf of the third party.

2.3.1 - Disk space and content
The disk space limit specified in the offer published online on the Swizzonic website cannot be exceeded by the Customer. If the Customer exceeds this limit, Swizzonic will proceed with the suspension of the Service until the Customer resizes the space occupied within the contractually indicated limits or will proceed to purchase a superior solution of the Service with consequent adaptation of the technical platform. . In the absence of this adjustment, Swizzonic cannot be held responsible for malfunctions of the Service.

The disk space associated with the Service must be used only and only for saving content usable through the website linked to the Service and / or for files / libraries directly used by the web pages. The uses of space for backup purposes, file sharing via http / https / ftp or any other form of saving data not provided through the website associated with the Service with appropriate http or https links are not considered valid for the purposes of this SO. .

The following will not be considered compliant with this SO, by way of non-exhaustive example:
• video or photo archives not published through special photo / video gallery software;
• webcam image archives published via FTP every N minutes;
• backup of the contents of your computer;
• backup of your site or other content;
• backup of its databases (excluding those made by Swizzonic);
• the use of CMS plug-ins (WordPress, Joomla etc.) which automatically save a backup locally.
• backup backups.
• It is not allowed to upload or download files with dimensions equal to or greater than 100MB; therefore the transfer in uploading or downloading of files equal to or greater than said dimensions could be technically prevented.

Other examples of material that is not allowed to be placed on the disk space associated with the Service:

• IRC scripts;
• Child pornography
• Audio / Video Streaming;
• Proxy scripts / Anonymizers;
• Pirate / warez software;
• Pages that contain links to pirated / warez material;
• Pages that contain only lists of files to be downloaded;
• IP Scanners;
• Bruteforce scripts;
• Mail-bombing / Spam scripts;
• File dump or Mirror scripts;
• Sites that promote illegal activities;
• Fraudulent / phishing sites;
• Script for the uncontrolled sending of emails;
• Blog or forum where it is possible to post comments without any moderation and / or without any verification that whoever posts a comment is really a person and not a script (such as CAPTCHA);
• Copyrighted material for which the Customer has no right of publication
• Executable files (eg .EXE)
• Image file of archives (eg .ISO)

In the event of a breach by the Customer of these obligations, Swizzonic reserves the right to interrupt the Service and terminate the contract due to the fact and fault of the Customer. The Customer will be required to comply with the indications of a technical nature that Swizzonic will provide in the event that he has entered programs or applications incorrectly in his space. In the event that the Customer does not want to comply with the aforementioned indications or the aforementioned space limit is exceeded, Swizzonic reserves the right to terminate this contract, without any financial obligation to the Customer.

The files, software and contents of the Customer space are the responsibility of the Customer. If, by their own will, due to lack of updates or errors in writing the code, they attack the vulnerability of the system such as to allow access by intruders and / or are exploited by the Customer himself or by third parties, authorized or not authorized by the Customer , to indirectly damage the services provided by the platform, Swizzonic may intervene and suspend the Service until the Customer restores normal security conditions.

The security of access and users is the responsibility of the Customer. The Customer undertakes to keep the authentication credentials such as FTP, MySQL or other database users, in the utmost secrecy and security. operating the best practices that guarantee such security, such as the choice of sufficiently complex passwords, the use of the password suggestion tool, the regular modification of these passwords, the modification of these passwords in the event of suspected, presumed or verified compromises. Swizzonic is not responsible for data loss or compromise, abuse, damage due to the insufficient level of security applied by the Customer.

The servers hosting the Client's hosting spaces are located at the Brussels, BE datacenter. There is no provision for moving your Hosting space to a datacenter other than the one in Brussels.

Swizzonic is responsible for synchronizing the server clocks and for monitoring them; The Customer is thus guaranteed the uniformity of the times recorded in each operation and log. The Customer may not request any changes to this synchronization or time zone changes.


2.3.2 - Database space
The database space limit specified in the offer published online on the Swizzonic website refers to the size of the single database and cannot be exceeded by the Customer. If this limit is exceeded, Swizzonic will proceed to block access to that database from the platform that provides the Service until the Customer resizes the space occupied within the contractually indicated limits or proceeds to purchase a higher solution of the Service. with consequent adaptation of the technical platform. In the absence of this adjustment, Swizzonic cannot be held responsible for malfunctions of the site resulting from the blocking of access to the database which has exceeded the maximum allowed size.

2.3.3 - Http, https and ftp traffic
The Service provides for a traffic limit defined in the offer. The traffic limit in the product sheet is intended as the sum of the traffic of the http, https and ftp services. It is also specified that in the event of an upgrade or downgrade with the purchase of a different solution of the Service, the traffic limit will be that provided for in the different solution purchased and not a sum of the two solutions. If the Customer exceeds this limit, Swizzonic will proceed with the suspension of the Service until the first day of the following month or until the Customer proceeds to purchase a solution of the Service that has a higher traffic limit. In the absence of this adjustment, Swizzonic cannot be held responsible for site malfunctions.

The Customer is aware that http / https / ftp traffic is strictly functional to the provision of the website and the accessory files. Swizzonic reserves the right to suspend the Service in the event that http / https / ftp traffic is used for the delivery of content described as invalid for the purposes of this SO in the paragraph "Disk space and content".

The Customer is aware of the fact that Swizzonic uses automatic systems capable of identifying malicious access, brute force and compromise of single files and / or entire Hosting spaces; in the event of an actual or attempted compromise, regardless of whether the Customer is aware of it or not, Swizzonic reserves the right to activate automatic protection processes such as:
• blocking of authentication with a specific user
• blocking the IP address of origin of the traffic
• blocking of the domain of origin of the traffic
• blocking http access to one or more compromised files
• removal of files or directories that can compromise the status and / or the security of the service
• suspension of the Hosting account
• cancellation of the Hosting account


2.3.4 - Server and platform resources
For the purposes of providing its website, by way of non-exhaustive example, the Customer will not be allowed to:
• exceed the number of 100,000 files or directories (inodes) within the space made available with the Service;
• exceed the number of 5,000 files (inodes) within the same directory;
• exceed the number of 1,000 tables within the same database;
• send more than 2,000 emails on the same day;
• run stand-alone scripts, executed in daemon mode, which are not directly related to the delivery of a web page (with the exception of the 'cron' functionality provided with the Service)
; • query databases that last more than 15 seconds;

Even in such situations, Swizzonic reserves the right to suspend the provision of the Service and possibly withdraw from this contract, without any financial obligation to the Customer, always subject to compensation for further damages.

2.3.5 - Platform migrations
The Customer acknowledges and accepts that in the normal course of business, Swizzonic may have to migrate the Customer Service to a new platform with similar characteristics. The migration process could generate a service down in relation to the volume of disk space occupied by the Customer on the platform. In relation to the duration of the down and the predictability of the same Swizzonic will communicate the planned migration interventions with adequate notice.

2.4 - Additional services
Swizzonic offers free of charge, with some Service plans, some additional services, listed below.

2.4.1 - AWStats
For the management of web statistics, Swizzonic makes available to the Customer the AWStats software available in some Service plans, installed on Swizzonic's servers, which allows the Customer, via the web panel, to monitor the access statistics to its site. The Customer acknowledges that the Awstats software is offered "as is", without any guarantee, neither explicit nor implicit, of operation, exonerating Swizzonic from any responsibility in case of malfunction or loss of data caused by problems of the software itself.

2.4.2 - phpMyAdmin
In order to allow the Customer to manage their MySQL databases, Swizzonic makes the phpMyAdmin software available to the Customer available in some Service plans, installed on Swizzonic's servers. The Customer acknowledges that the phpMyAdmin software is offered "as is", without any guarantee, neither explicit nor implicit, of operation, exonerating Swizzonic from any responsibility in case of malfunction or loss of data caused by problems of the software itself.

2.4.3 - Backup and data recovery
Swizzonic provides a backup service performed on a separate server from the hosting service delivery server. The backup process runs every hour for up to 24 consecutive hours and daily for up to 28 consecutive days. Access to the backup recovery function and the frequency of backups performed are dependent on the purchased solution and listed as a technical feature in the commercial offer.
Swizzonic also maintains a geographical backup copy at another location, again located in Brussels (BE) and supplied to the Customer in the event of disaster recovery, depending on the solution purchased.
The Customer undertakes to keep locally (on a support owned by the Customer) the original copy of the data for which the backup copy was generated.
Swizzonic undertakes to carry out, maintain and manage the backup with the best possible expertise; the Customer exonerates Swizzonic from any liability in the event of loss or inability to recover, in whole or in part, the backups made.

2.4.4 - Free SSL Certificate associated with the Hosting Service
The Service includes a free SSL Certificate, the use of which will cease with the termination of the Service to which the SSL Certificate is associated.
The Customer acknowledges that the Certificate can only be associated with the Service initially purchased and cannot be exported or used on any other service.
In case of renewal of the Service including a free SSL Certificate, Swizzonic reserves the right to provide the Customer with an SSL Certificate issued by a different Certification Authority or an SSL Certificate that has partially different characteristics than the one initially provided.
Swizzonic also reserves the right to modify the procedures for issuing and renewing an SSL Certificate, in order to guarantee the correct provision of the Service or to comply with the information and procedures required by the Certification Authority that issues or renews the SSL Certificate.
The Customer undertakes to comply with the contractual documentation, policies, manuals and regulations laid down by the Certification Authority that issued the SSL Certificate.
Depending on the CA that issued the SSL Certificate, the Customer is informed that the following documents will apply:
i) for SSL Certificates issued by Let's Encrypt CA, the Customer declares to have read and accepted the documentation relating to SSL Certificates published from the CA at the link https://letsencrypt.org/repository/
ii) For SSL Certificates issued by the Symantec CA, the Customer acknowledges and accepts Swizzonic's "SSL Certificate Service Order" published on the website to be considered an integral part of this OdS Hosting, and the documentation relating to "Symantec SSL Certificates" from the Symantec CA, available at the Repository link http: //www.symantec .com / about / profile / policies / repository.jsp

2.5 - Swizzonic's liability
The Service will be available 24 hours a day, seven days a week, excluding and subject to any suspension for maintenance. Swizzonic will not be liable for any interruptions to the Service which it undertakes to restore as quickly as possible and which are not attributable to Swizzonic's willful misconduct or gross negligence. Swizzonic may, at any time, interrupt the provision of the Service if there are justified reasons of security and / or a guarantee of confidentiality, in this case notifying the Customer.

Swizzonic is responsible for the security of proprietary applications and consequently of the code released in the context of service provisioning systems and service delivery interfaces. Swizzonic develops and delivers code changes in a secure manner, using a separation between development, test and production environments, using test and code coverage procedures for automatic and manual quality validation, and maintaining a rigorous standard versioning of the code for facilitate deployment activities and any roll back activities. Swizzonic ensures that all access to code, production environments and traffic data are strictly linked on a technical level and reflect the official levels of authentication and related permissions.

Under no circumstances can Swizzonic be held liable in the event of a malfunction of the Service resulting from events beyond Swizzonic's reasonable control such as, by way of example and not limited
to: • force majeure events;
• events depending on the facts of third parties such as, by way of example only, the interruption or malfunction of the services of telecommunications operators and / or power lines or acts or omissions of the competent Registration Authority;
• malfunction of the terminals or other communication systems used by the Customer.

2.6 - Complaints
The Customer is required to communicate any irregularities in the Service within the following 48 hours. Failure to report in the manner and terms referred to above relieves Swizzonic of any responsibility.


3 - Duration
This SO will have an annual duration or, where the purchase is available for several years, multi-year, based on the option chosen by the Customer during the purchase phase.
It is understood that any early termination of the contract with respect to its natural expiration (annual or multi-year, according to the duration selected by the Customer during the purchase), by the Customer for reasons not attributable to Swizzonic, will not give the right to reimbursement, compensation o compensation in favor of the Customer for the period in which he has not used the services themselves.
Unless otherwise indicated to the Customer, the Services will be automatically renewed upon expiry for periods of the same duration as the initial period. The Customer acknowledges that it will not be possible to activate the automatic renewal of the Service if the payment method by bank transfer is selected. The Customer can change the renewal method from his control panel, from automatic to manual up to 20 days before the expiration date, and from manual to automatic up to 30 days before the expiration date. In any case, before the expiry of the Services, a communication will be sent to the Customer containing the information necessary to manage the renewal.

3.1 - Termination of the contract
In any case of termination of the effects of the contract and / or in case of non-existence of the above Service Conditions, in addition to the deactivation of the functions mentioned in the offer, all data present on the space made available with the Service will be deleted without any responsibility of Swizzonic for the maintenance and / or saving of the same.

It will therefore be the Customer's responsibility to save the data on a different medium before the expiry date if he does not intend to renew the Service.

4 - Fees and Payments
The Fees for the provision of the requested Service are those indicated in the Offer. The provision of the Service is understood to be agreed from the moment of payment of the consideration for the Service by means of the means indicated in the offer. The renewal price will be the list price applied by Swizzonic at the time of the request by the Customer and resulting from the control panel.

5 - Data controller pursuant to Reg. (EU) 679/2016
With reference to the establishment of this contractual relationship, the Parties acknowledge that they have mutually informed each other pursuant to Reg. (EU) 679/2016 Code regarding the protection of personal data (hereinafter: "Privacy Code" or "Code") and they undertake to carry out any processing of personal data in full compliance with the applicable legislation. In the context of the use of the Service provided by Swizzonic, in particular, the Customer acknowledges acting as the Data Controller of the personal data of any third parties who interact with the Customer and / or with its website. With respect to the processing of the personal data of such third parties, therefore, and with specific reference to the provision of the technological services underlying the provision of the Service purchased by the Customer or to any requests for technical assistance, Swizzonic will act as Manager as defined in the art 4 paragraph 1 letter g) of the Code.