Service Order: Hosting & Email Products

This Service Order ("SO") is an integral and essential part of the published General Terms and Conditions for Services of Swizzonic Ltd. (https://www.swizzonic.ch/company/legal/general-conditions-of-service/?lang=en) ("GTC"). The GTC and this SO contain the conditions for the provision of web hosting and e-mail services by Swizzonic to the customer. Capitalized terms used in this SO have the same meaning as defined in the GTC. The commercial offer of the product bundle SWIZZfree Hosting, SWIZZbudget Hosting, SWIZZbusiness Hosting and SWIZZpremium Hosting based on cPanel Hosting & Email services ("Offer") published online on the website of Swizzonic (https://www.swizzonic.ch/) forms an integral part of these terms and conditions.

1 - Description of the services The service is activated by the customer after the purchase by clicking on the appropriate button in the control panel and consists in Swizzonic providing the customer with a storage space on the hard disk of its own server, intended for the exchange of web content via http and/or https protocols and the maintenance of its e-mails. The technical specifications and details of the service can be viewed on Swizzonic's website. Swizzonic does not provide physical equipment directly to the customer. The Swizzonic servers on which the service is provided are located in the Swizzonic server farm in Zurich (CH). The service is offered in the form of various solutions, each defined by specific technical features. The possible solutions are currently published on the Swizzonic website, indicating the technical differences and the corresponding economic offer. Swizzonic reserves the right to offer special offers during the contract period, which will be highlighted and advertised on the website. In this case, the conditions specified therein must be observed, especially with regard to compliance with storage space and traffic limits.

2 - Conditions for using the Service The Customer undertakes to use the Service in accordance with the GTC, with this SO and with all applicable regulations, including those of the authorities.

2.1 - Association with a domain name The Service is provided by Swizzonic in association with domain names that, at the time of activation of the Service: are with Swizzonic as sponsoring registrar; are managed in the same control panel where the Service is activated and use Swizzonic DNS; are with Swizzonic as sponsoring registrar and owner; are provided by Swizzonic free of charge for the Customer to test the Service even without a registered domain name; are managed by third parties that do not use Swizzonic DNS.

2.1. 1 - Service for domain names managed by Swizzonic In the case of domain names managed by Swizzonic as sponsoring registrar, the customer agrees that if during the term of this contract the customer does not renew or transfers or decides to transfer the domain name in question to another third party provider, to change the DNS associated with the domain name from Swizzonic's DNS to that of third party providers, depending on the product purchased, the Service may be terminated and all data on the storage space provided with the Service may be deleted, without Swizzonic being responsible for maintaining and/or storing such data. It is therefore the Customer's responsibility to store the data on another medium before transferring the domain name, not renewing it or changing the DNS to a third party provider.

2.1.2 - Service for domain names managed by third parties In the case of domain names managed by third parties and therefore not managed by Swizzonic, the customer must associate the purchased service with the domain name of which he is the owner with a third party provider. It is then the customer's responsibility to implement and verify the appropriate configurations to properly align the domain with the hosting and email services managed by Swizzonic. The customer can also transfer the domain name at any time to Swizzonic, which becomes the sponsoring registrar. This operation must necessarily be carried out by the customer through the control panel in which the service associated with the domain name is managed. On the other hand, if the request for transfer is made from a different control panel than the one in which the service is managed, the transfer request will be regularly processed by Swizzonic. If the transfer is approved, the service activated in another control panel and associated with that domain name will no longer be available and will therefore be deactivated without notice. The data entered up to that moment will be automatically deleted, releasing Swizzonic from any liability, without prejudice to Swizzonic's right to reimbursement of the full fee for the service.


2.2 - Use of resources related to the Service All data and content of the web space and databases provided as part of the Service are and remain the exclusive property of the Customer. Consequently, the Customer assumes all responsibility for this data and its content. Any operation performed on the web space or databases associated with the Service is the exclusive responsibility of the Customer. In case of purchase on behalf of a third party, the customer is responsible for the data entered on behalf of the third party in the web space granted by the service. Swizzonic reserves the right to immediately suspend the service if, at its own discretion or following a notification from a third party, based on the elements acquired or that may be acquired through the content entered by the customer in the web space or databases, it considers that activities are being carried out that violate the law, mandatory regulations, morality, this SO and/or the GTC. In this case, after being notified by Swizzonic, the customer is obliged to eliminate the causes of the complaint or to provide appropriate documentation proving full compliance with the applicable regulations for the activity performed by him. If the service is purchased on behalf of a third party, Swizzonic reserves the right to contact the third party directly. If there is no immediate response, Swizzonic is entitled to stop providing the service that was the cause of the illegal and/or unauthorized activity, without prejudice to the right to full payment of the fee and the right of Swizzonic to sue for full compensation for the damage incurred.

2.2.1 - Storage space and content The storage space limit specified in the offer published online on the Swizzonic website may not be exceeded by the customer. If the customer reaches this limit, Swizzonic will suspend the features of the service that contribute to the further growth of the data contained therein, e.g. writing to databases, receiving e-mails, incoming transfers via FTP, until the customer adjusts the size of the occupied storage space within the limits specified in the contract or acquires a better solution of the service with corresponding adaptation of the technical platform. In the absence of such adaptation, Swizzonic can not be held responsible for malfunctions of the website. In order to ensure the stability of the Platform and to prevent the Platform's hard disk from filling up uncontrollably, Swizzonic may, at its sole discretion, set a temporary limit (50 GB) on the Customer's storage space at the time of activation. If the Customer needs more storage space, he/she can request it before reaching the limit to avoid not being able to add new files, free of charge through the technical support, which will increase the available storage space as soon as possible. The storage space associated with the Service may only be used for storing content that can be used through the website associated with the Service, and/or for files/libraries used directly from the web pages, and/or for receiving and sending emails. Not considered valid for the purposes of this SO are the use of storage space for the purpose of backup, file sharing via http/https/ftp or any other form of storage of data that is not provided via the website associated with the service with appropriate links http or https. The following activities, for example, but not limited to, are not considered compliant with this SO:

- automatic generation and archiving of webcam images;
- archives of videos or photos that are not published via appropriate photo/video gallery software;
- Backups of your own computer content;
- Backups of your own website or other content;
- Backups of your own databases (other than those created by Swizzonic);
- The use of CMS plugins (WordPress, Joomla, etc.) that automatically save a backup locally.
- Backups of backups. It is not allowed to upload or download files with a size of 100 MB or more.
- or downloading. Therefore, the transfer of files that reach or exceed the mentioned dimensions could be prevented on a technical level when uploading or downloading.
Other examples of material that is not allowed on the storage space associated with the service:
- IRC scripts;
- Pedo-pornographic material;
- Audio/video streaming;
- Proxy scripts/anonymizers ;
- Pirated software/Warez;
- Sites with links to pirated material/Warez;
- Sites containing only lists of files for download;
- IP scanners;
- Bruteforce scripts;
- Mailbombing/spam scripts;
- File dumps or mirror scripts;
- Websites that promote illegal activities;
- Fraudulent/phishing sites;
- Scripts for sending uncontrolled emails;
- Blogs or forums where it is possible to post comments without moderation and/or without verification that the person posting a comment is really a person and not a script (e.g. CAPTCHA);
- Copyrighted material for which Customer does not have publishing rights.
- Executable files (e.g. .EXE);
- Image files of archives (e.g. ISO).
If the customer violates these obligations, Swizzonic reserves the right to terminate the service and the contract based on the fault of the customer. The customer is obliged to follow Swizzonic's technical instructions if the customer has entered programs or applications incorrectly into his storage space. In the event that the customer does not want to follow the aforementioned instructions or the aforementioned storage space limit is exceeded, Swizzonic reserves the right to terminate this contract without liability to the customer. The files, the software and the contents of the customer storage space are the responsibility of the customer. If, by themselves, due to lack of updating or errors in writing the code, they affect the vulnerability of the system in such a way as to allow access by intruders and/or are exploited by the customer or by third parties authorized or not by the customer to indirectly damage the services offered 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 accesses such as FTP users, MySQL or other databases, authentication for CMS, webmail, etc. as secret and secure as possible, adopting the best practices that ensure this 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 case of suspected, alleged or proven compromise, the updating of the code of the installed software and CMS, the verification of the security of templates, plugins and software before their installation on the storage space of the Hosting & Email service. Swizzonic is not liable for any data loss, compromise, misuse or damage due to an insufficient level of security on the part of the customer. The servers hosting the customers' Hosting & Email places are located in the data center in Zurich, CH. Swizzonic is responsible for the synchronization of the server clocks and their monitoring; the customer is thus guaranteed the uniformity of the times recorded in each operation and log. The customer cannot request any changes to this synchronization or a change of time zones.

2.2.2 - Database space The database space limit specified in the offer published online on the Swizzonic website refers to the size of the individual database and cannot be exceeded by the customer. If this limit is exceeded, Swizzonic will block access to this database from the platform providing the service until the customer either adjusts the occupied storage space within the limits specified in the contract or purchases a better solution of the service with corresponding adjustment of the technical platform. In the absence of such adjustment, Swizzonic cannot be held responsible for malfunctions of the website resulting from the blocking of access to the database that has exceeded the maximum limit allowed.

2.2.3 - http, https, ftp and e-mail traffic The service has a traffic limit specified in the offer. The traffic limit specified on the product sheet is the sum of the traffic of the http, https, ftp and email services. Please note that in case of an upgrade or downgrade with the purchase of another solution of the service, the traffic limit is the one provided in the other purchased solution and not the sum of the two solutions. If the customer exceeds this limit, Swizzonic will suspend the service until the first day of the following month or until the customer purchases a service solution with a higher traffic limit. In the absence of such an adjustment, Swizzonic is not liable for website malfunctions. Traffic not used in the previous month will not be counted towards the traffic available for the following month. The customer acknowledges that the http/https/ftp/email traffic may be used exclusively for the provision of the website and the associated files or for sending/receiving emails. Swizzonic reserves the right to suspend service if http/https/ftp/email traffic is used to transmit content that is designated as invalid in this SO in the "Storage Space and Content" section. Customer is aware that Swizzonic uses automatic systems capable of detecting malicious access, brute force and compromise of individual files and/or entire hosting & email areas; in the event of a successful or attempted compromise, whether or not Customer is aware of it, Swizzonic reserves the right to activate automatic protection processes such as:
- Blocking of authentications with a specific user;
- Blocking the IP address from which the traffic originates;
- Blocking the domain from which the traffic originates;
- Blocking http access to one or more compromised files;
- Removal of files or directories that may compromise the status and/or security of the service;
- Suspension of the account;
- Deletion of the account.

2.2.4 - Server and platform resources For the purposes of providing its website, as a non-exhaustive example, and unless otherwise specified in the commercial offer, the Customer is not allowed:
- use more than 20% of a server's total resources (CPU, RAM) for more than 60 seconds;
- exceed the number of 100'000 files or directories (inodes) within the storage space provided 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 e-mails on the same day;
- run standalone scripts that are executed in daemon mode and are not directly related to the provision of a website (except for the "cron" function provided with the service);
- Execute database queries that last longer than 15 seconds.
Also in such situations, Swizzonic reserves the right to suspend the provision of the service and, if necessary, to withdraw from this contract, without owing anything economically to the customer, except always the compensation of further damages.

2.2.5 - Platform Migrations The Customer acknowledges and accepts that in the normal course of business Swizzonic may need to migrate the Customer's Service to a new platform with similar features. The migration process may cause an outage of the service in terms of the platform space occupied by the customer. With regard to the duration of the downtime and its predictability, Swizzonic will announce the planned migration measures in good time.

2.2.6 - Other conditions for the use of the email service In order for Swizzonic to provide the email service to the customer, all of the following conditions must be met:
- the customer must be the owner of a domain name managed by Swizzonic;
- the customer must be correctly configured in the registrar's authoritative DNS;
- the customer must have MX, POP and SMTP records configured with the default parameters of the Swizzonic mail server.
Customer acknowledges that failure to comply with even one of the above conditions will make it impossible for Swizzonic to provide the email service. The customer is therefore informed that if during the term of this SO (a) the domain name is not renewed, (b) the domain name is transferred to another provider without making the appropriate configurations, and/or (c) configuration changes are made to the MX, POP or SMTP record, the provision of the e-mail service becomes technically impossible for Swizzonic. In such cases, Swizzonic may suspend or terminate the e-mail service immediately and without notice, without prejudice to the right to full payment of the fee and without prejudice to the right to compensation for damages incurred.

2.3 - Additional Services Swizzonic offers certain additional services free of charge as part of certain service plans, which are listed below.

2.3.1 - Softaculous/AppManager In order to allow the Customer to quickly install the most popular free scripts to quickly create their own website without having any knowledge of web programming languages, Swizzonic provides the Customer with the Softaculous software, which is the property of Softaculous Inc. This is available in certain service plans under the name AppManager and is installed on Swizzonic's servers. Customer acknowledges that the Softaculous software is provided "as is" without any express or implied warranty of operation, relieving Swizzonic of any liability in the event of malfunction or loss of data due to problems with the software itself.

2.3.2 - AWStats Also for the management of web statistics, Swizzonic provides the customer with the AWStats software, which is included in some service plans and installed on Swizzonic's servers. It allows Customer to monitor access statistics to its website via a web panel. The customer acknowledges that the AWstats software is offered "as is" without any express or implied warranty of operation, and Swizzonic is released from any liability in the event of malfunction or loss of data due to problems with the software itself.

2.3.3 - phpMyAdmin To enable Customer to manage its MySQL databases, Swizzonic provides Customer with the phpMyAdmin software, which is included in certain service plans and installed on Swizzonic's servers. Customer acknowledges that the phpMyAdmin software is provided "as is" without warranty of any kind, either express or implied, and Swizzonic shall not be liable for any malfunction or loss of data caused by problems with the software itself.

2.3.4 - cPanel To enable the customer to manage the functions of its hosting and email product, Swizzonic provides the customer with the cPanel software, which is the property of cPanel, Inc. (http://cpanel.net/) and is installed on Swizzonic's servers. Customer acknowledges that the cPanel software is provided "as is" without any express or implied warranty of operation, and Swizzonic is released from any liability in the event of malfunction or loss of data due to problems with the software itself. Access to cPanel is via single sign-on from the appropriate areas of the Customer's Control Panel. Single sign-on is accomplished by calling the cPanel API through a SHA-256 encrypted channel with a DV certificate. The customer can also authenticate directly in cPanel using username and password via port 2083 of the server where the hosting and email service is located. The password is not provided in the first instance, but the customer can obtain it by performing the password recovery procedure using his username and double verification by sending a code to the customer's email.

2.3.5 - WHM To enable Customer to manage the features of its Hosting & Email Reseller Product, Swizzonic provides Customer with the WHM software from cPanel, Inc. (http://cpanel.net/), which is available in certain service plans and installed on Swizzonic's servers. Customer acknowledges that the WHM software is provided "as is" without any express or implied warranty of operation, and Swizzonic is released from any liability in the event of malfunction or loss of data due to problems with the software itself.

2.3.6 - Backup and restore with JetBackup Swizzonic offers a backup service that runs on a server other than the one that provides the hosting and email service. The backup is performed daily for 7 consecutive days during night time. The backup will be performed by Swizzonic to ensure disaster recovery, and will also be made available to the Customer for the recovery of its data. Swizzonic undertakes to perform, maintain and manage the backup with the best possible expertise; the customer releases Swizzonic from any liability in the event of data loss during the recovery phase of the backup. To enable Customer to manage backups of its cPanel account, Swizzonic provides Customer with JetApps' JetBackup software (https://www.jetbackup.com/) installed on Swizzonic's servers as part of certain service plans. Customer acknowledges that the JetBackup software is provided "as is" without any express or implied warranty of operation, and Swizzonic is released from any liability in the event of malfunction or loss of data due to problems with the software itself.

2.3.7 - Free SSL Certificate associated with the Hosting & Email Service If the Hosting & Email Service includes a free SSL certificate, its use must end upon termination of the Hosting & Email Service with which the SSL certificate is associated. The Customer acknowledges that the certificate can only be associated with the hosting and email package originally purchased and cannot be exported or used for any other service. In the event of a renewal of the hosting & email service that includes a free SSL certificate, Swizzonic reserves the right to provide the customer with an SSL certificate issued by a different certificate authority or an SSL certificate that has partially different characteristics than the one originally provided. Swizzonic also reserves the right to change the procedures for issuing and renewing an SSL certificate in order to ensure the correct provision of the service or to comply with the information and procedures required by the certification authority issuing or renewing the SSL certificate. Customer agrees to comply with the contract documents, policies, manuals and regulations of the certification authority that issued the SSL certificate. Depending on the certification authority that issued the SSL certificate, Customer is informed that the following documents apply: i) for SSL certificates issued by the certification authority Let's Encrypt, Customer declares that it has read and accepted the SSL certificate documentation published by the certification authority at https://letsencrypt.org/repository/. ii) for SSL certificates issued by the certification authority Symantec, Customer accepts Swizzonic's "SSL Certificate Service Order" published at the link https://www. swizzonic/company/legal/ods-certificati-ssl.html as an integral part of this SO and the documentation on "Symantec SSL Certificates" of the certification authority Symantec available at the link http://www.symantec.com/about/profile/policies/repository.jsp.

2.4 - Rules for the use of the e-mail service The Customer undertakes not to use the e-mail service for illegal purposes, to respect the rules of use and not to violate in any way the applicable national and international rules, including regulations.

2.4.1 - The Customer is responsible for keeping its accesses secret, not disclosing the password to third parties or making it potentially accessible by writing it down in plain text in any format. The Customer must choose a sufficiently complex access password that not only passes the automatic complexity check of the mailbox creation module, but also contains digits, upper and lower case letters, ASCII symbols and any other useful elements to make the password as complex as possible. The customer is also obliged to regularly change the password to access the mailbox; moreover, Swizzonic recommends changing the password whenever the customer suspects that it may have been compromised. Swizzonic draws the customer's attention to the fact that unsafe use of the Internet, combined with the lack of adequate anti-virus protection for the customer's device (computer or cell phone), exposes the customer to the risk of receiving computer viruses that can intercept passwords and compromise the customer's mailboxes.

2.4.2 - The Customer undertakes to keep the accesses for outgoing e-mail equally secret.

2.4.3 - The Customer also undertakes to comply with the rules and guidelines established by the relevant registrar of the domain name associated with the mailbox used. In particular, the Customer undertakes not to carry out any direct and/or indirect spamming activities consisting in sending unauthorized and/or unsolicited e-mail messages from the recipients, or any other practices prohibited not only by the rules of Netiquette, but also by the legislation on the protection of personal data. The customer will also be held liable for spamming activities that occur via email addresses that are not Swizzonic mailboxes, but indirectly affect a service offered by Swizzonic or its technical structure (e.g. in the case of unauthorized advertising for websites hosted by Swizzonic). Swizzonic reserves the right to immediately suspend the e-mail service for both incoming messages (mailbox) and outgoing messages (SMTP), either on its own initiative or on the basis of a report from a third party, if Swizzonic believes, in its sole discretion, that the customer is in breach of the obligations set out in this article, even without its knowledge. In this case, after being notified by Swizzonic, including by e-mail, the customer must immediately remedy the violation or provide appropriate documentation proving that the practice applied is in compliance with the applicable legislation and/or the rights of third parties. If the customer does not respond immediately, Swizzonic is entitled to terminate the present SO with immediate effect, without prejudice to the right to full payment of the fee and without prejudice to the right to compensation for the damage suffered.

2.4.4 - It is understood that Swizzonic may terminate this SO in any case at its sole discretion if the customer performs spamming activities.

2.4.5 - Swizzonic may also delete the Customer's mailboxes and all data contained therein if the DNS for the corresponding domain name is configured in such a way that the MX record has been pointing to servers other than Swizzonic's for more than 7 days, resulting in the inability to receive email on Swizzonic's servers for at least 7 days. The Swizzonic email service is delivered with secure communication thanks to the encryption protocol TLS (Transport Layer Security) version 1.2. The prerequisite for the encryption of incoming communication is that the customer configures his email client with the appropriate SSL/TLS configuration, as described in the instructions in the FAQ section on the Swizzonic website. Prerequisite for the encryption of outgoing communication is that the customer configures his email client with the SSL/TLS configuration described in the Support section of the Swizzonic website and that the server receiving the message provides the TLS service.

2.4.6 - Webmail is configured so that both incoming and outgoing messages are transmitted encrypted; furthermore, browsing in Webmail is encrypted with a Domain Validated certificate.


2.5 - Liability of Swizzonic The service is available 24 hours a day, seven days a week, except for possible interruptions for maintenance. Swizzonic is not liable for any interruption of the service, which it undertakes to restore as soon as possible and which is not due to intent or gross negligence on the part of Swizzonic. Swizzonic may interrupt the provision of the service at any time if there are justified security reasons and/or confidentiality guarantees; in this case Swizzonic will inform the customer. Swizzonic is responsible for the security of its own applications and consequently of the code released as part of the systems for providing the services and the interfaces for providing the services. Swizzonic ensures that changes to developed and published code are installed in a secure manner, separating development, test, and production environments, employing test and code coverage procedures for automated and manual quality validation, and maintaining strict standard code versioning to facilitate deployment and rollback activities. Swizzonic ensures that access to code, production environments, and traffic data is strictly limited technically and complies with official authentication levels and appropriate permissions. Swizzonic conducts regular audits for the presence of known OWASP vulnerabilities (https://owasp.org/Top10/) and at each production release. Swizzonic cannot in any case be held liable if the service does not work due to events beyond Swizzonic's control, such as:
- Cases of force majeure;
- Events dependent on the actions of third parties, such as the interruption or disruption of the services of telecommunications operators and/or power lines, or actions or omissions of the competent registration authority;
- Disruption of the terminals or other communication systems used by the Customer.

2.6 - Legal disputes The customer is obliged to report any irregularities in the service within three working days of the discovery of the irregularity by registered letter with acknowledgement of receipt. If the notification is not made in the above manner and within the above deadlines, Swizzonic is exempt from any liability.

3 - Termination of the contract In any case of termination of the effects of the contract and/or in the event of non-existence of the above terms of use, in addition to the deactivation of the functions mentioned in the offer, all data on the storage space provided with the service will be deleted, without Swizzonic being responsible for the maintenance and/or storage of this data. It is therefore the customer's responsibility to store the data on another medium before the expiration date if he does not wish to renew the service.

4 - Fees and payments The fees for the provision of the requested service are specified in the offer. The provision of the service is considered agreed from the moment of payment of the service fee in the manner specified in the offer. The renewal price is the list price applied by Swizzonic at the time of the Customer's request, as shown in the control panel.