This agreement was written in Italian: http://it.altervista.org/regolamento.php. In case of conflict between any translated versions of this Agreement and the Italian version, the latter will prevail.
Arnoldo Mondadori Editore S.p.A. (already Banzai Media srl merged with Arnoldo Mondadori Editore S.p.A.) is a company with registered office at Via Bianca di Savoia 12, 20122 Milan, Italy (hereinafter referred to as "AlterVista" or the "Company"), which provides an advanced hosting service with variable features, accessible through its website at www.altervista.org (the "Site").
SPECIAL ADVICE FOR CONSUMERS: If the user is a physical person which requires the service for unrelated purposes to his or hers entrepreneurial or professional activity and is considered a "Consumer" according to the legislative decree n. 206 of 6.9.2005 ("Consumer Code"), he or she will be subject to the dispositions contained in the Consumer Code and to those generally applicable to the service provided by AlterVista according to the legislative decree n. 70 of 9.4.2003 on the services of the information society and the electronic commerce.
According to the articles 7 and 12 of the legislative decree n. 70 of 9.4.2003, AlterVista communicates to the users the following information: The services lender presented in the General Conditions is Arnoldo Mondadori Editore S.p.A., with the registered office placed in Via Bianca di Savoia 12, 20122 Milano, Italy. VAT registration number: 08386600152.
The use of the services offered by the Site is limited to a member who has:
The following terms have the meanings specified below:
The General Conditions will be applied also to any services which will be provided to the users in the future, unless differently specified during the registration procedure or during the first supply of the new service. Some services, in any case regulated by the General Conditions, may be subject also to particular terms and conditions, depending on their nature and/or their features, which will be communicated to the users with the modality provided by the General Conditions.
2. Service features
2.1 The Service allows the creation by the User of a website or a blog (the hosted site) and the publication by the User of Content, in full autonomy and under the personal responsibility, on the Hosted Site. The offered service includes the creation and management service for the hosted site, with the following characteristics:
2.2 The Service is provided free of charge to registered users according to the procedures contained in article 3 of the General Terms. Some services are offered by payment in addition of the free of charge Service, such as, by way of example: the registration of second level domains or expansion of resources for the hosted site beyond those provided free of charge by the Service.
2.3 AlterVista has entered into a partnership with CloudFlare inc. (https://www.cloudflare.com/) offering services of content delivery and security for the hosted sites, aimed at improving delivery performance and to protect Sites Hosted by the most common online threats. User can select the activation or deactivation of the service provided by Cloudflare directly from control panel fo the Hosted Site. With the acceptance of these General Conditions, User represent that you have read and also accepted the Cloudflare Terms of Service: https://www.cloudflare.com/terms and User agree that Altervista can send to him/her, automatically or manually, by email or in the control panel, any service notices issued by Cloudflare.
2.4 Altervista reserves the right to independently activate the services offered by Cloudflare for the hosted site if it detects a cyber attack addressed to it (for example, denial of service or spambot attack).
2.5 The User acknowledge that at any time the services offered by Cloudflare for the hosted site may, at the discretion of Altervista and / or for reasons attributable to the Cloudflare service provider, no longer be available, in whole and / or in part , either permanently or temporarily. This suspension will be effective with immediate effect without any prior notice is sent to the User.
3. Registration modality
3.1 The use of the services offered by the site is limited to a member who has:
3.2 The User is obliged to choose a nickname for the access and use of services and the right to change the assigned password Altervista being recorded following the instructions on the Site, and recognizes that nickname and password constitute the system validation of User access to the Services and the only appropriate means of legitimizing the User to access the Services. The User therefore assumes full responsibility for all acts performed through use of his/hers nickname and password. The User is obliged to keep nickname and password in the strictest confidence and to keep them with the utmost diligence. The Users have to choose a strong password. For security reasons, Altervista recommends Users to change the password periodically. The User acknowledges that Altervista could request a password change for security reason in order to protect the Services and the data contained therein. The knowledge of nickname and password by third parties, in fact, allow them to use the Services, in the name of the User.
3.3 The User agrees to communicate as quickly as possible to AlterVista, in writing, by registered letter with acknowledgment of receipt at Arnoldo Mondadori Editore S.p.A., Via Bianca di Savoia 12, 20122 Milan, Italy, and / or by means of communication via certified mail (PEC) at firstname.lastname@example.org or via mail to email@example.com, (if followed within 48 hours by registered letter a / r, and / or PEC),
i) any use of User web space or the Services by unauthorized use of nicknames and passwords,
ii) any unauthorized use of nickname and password assigned to it,
iii) any other breach of security relating to the Services or to the hosted site of which he becomes aware.
AlterVista undertakes, following the communication, to disable the violated Password and to allow the User to create a new password. In this regard, the User acknowledges that the link to create a new password will be sent exclusively to the e-mail Altervista indicated by the User when registered the Site or subsequent updating of such data. For safety reasons, it is not expected to send this link to an email address different from the one indicated in the User Profile. If this address is incorrect and / or not updated, therefore, the User acknowledges that, in order to get from Altervista the link for creating a new password, will have to file a complaint of theft and / or loss of his/hers password to the authorities in charge, takes upon himself any costs or expenses, including legal fees, and send a copy of that document to Altervista.
3.4. In completing the registration form are required to the User some personal data, the treatment of which takes place as provided by Legislative Decree no. 196/2003 (Data Protection Code), and in accordance with the User to the disclosures to the registration procedure. By accepting the Terms, the User declares that their data is accurate, true and correct, and undertakes to change them promptly to keep data constantly updated, complete and truthful. Any communication from Altervista to the email address provided by the User during registration or subsequently in the context of the amendment, will be considered valid and effective, being the User entirely responsible for the accuracy of information provided to Altervista in this area.
3.5 The right for the User to use the Service is personal and not transferable: User agrees not to resell or make any other commercial use of the service provided by the Site.
3.6 User agrees to use the Service strictly respecting the law and in any case in full compliance with legal provisions on protection of personal data and intellectual property, and to indemnify and hold harmless the Company from any claim or demand resulting from the use or misuse of the Services.
3.7 The Company reserves the right to check, at any time and without notice, at its discretion, compliance with the terms and conditions of use of the Services, and reserves the right to terminate definitively and without notice the use of the Services to the individual user if:
a). User have not provided updated data, complete, true and correct;
b). User uses the service or has also used one of the services for illegal purposes or unlawful manner incompatible with the nature of the provided services (such as, by way of example, transmission and / or exchange of viruses, sending or disclosure of personal publicity, chain mail or pyramid schemes, spamming or junk mailing practices; transmission and / or trade and / or disclosure of any unlawful or otherwise racist, libelous or defamatory, threatening, vulgar, obscene, untruthful, in breaching of the rules on copyright);
c). User violates or has violated the Terms and Conditions or the terms and conditions applicable to a particular service.
4. Use of the Service
4.1 The User states to assume full and total legal liability on the information published on the Site Hosted and above all Contents loaded in the web space, relieving AlterVista and holding harmless from any claim or claims arising from the use or misuse of the services offered.
4.2 The User warrant, the legality, veracity and originality of the Content and any contents, informations, material, photos and data published on the Hosted Site. The User ensure that Contents on the Hosted Site are free from third party rights. The User assumes full liability with regard to the originality, veracity and legality of the contents, and completely exempt the Company from any allegation in any way advanced by third parties.
4.3 The User acknowledge to be solely responsible for all Contents on the Hosted Site, and agree to indemnify and hold the Company harmless from any claims and / or claims arising concerning Contents on the Hosted Site.
4.4 Copyrighted material of third parties may be used only if the user has acquired, by the owner of the copyright, the written authorization for the use. With the written consent of the holder of the right the User has the obligation to cite the source and the existence of such authorization for the use of the copyrighted material. The photographic material or videos of others or reproducing the portrait of third parties may be used only if the user has obtained the consent of the author and / or the subject portrayed. In relation to the availability of such rights and consents the User assumes full liability, completely exonerating the Company.
4.5 The User also assumes the full responsibility for the correctness and accuracy of the Content, in the name and / or on behalf of third parties, and ensures that the Content is in its legitimate availability, is not contrary to the law and not violates any distinguishing marks, intellectual property law, industrial, image rights or other rights of third parties resulting from legal regulations or customs or practices.
4.6 The User agrees not to use the Service improperly or in violation of any applicable laws or regulations. The Content on the Hosted Site cannot presents any forms of child pornography, pornography; obscene material or profane, defamatory, offensive, untruthful, contrary to public policy or morality. The content on the Hosted Site must not promote or induce illegal activities or contains viruses or other dangerous programs for the functionality of computer systems of others.
4.7 The User acknowledges that the Company, as an internet service provider, is held at the retention of traffic data concerning the activities carried out by users and is obliged to make them available to the Judicial Authority, as provided by Article 132 of Legislative Decree no. 196/2003.
4.8 The User acknowledges that the Company reserves the right to verify compliance with the terms and conditions and therefore reserves the right to immediately suspend, even permanently, the Services if, in its sole discretion, also on the recommendation of third parties, considers the General Conditions and / or the deprivation of third parties have been violated.
IMPORTANT: Except as already described above, the User, regarding any Content declares, taking all responsibility for civil and criminal, that the content is lawful and does not make any direct or indirect reference, among other matters, to:
- Pornography and / or child sexual abuse and / or sexual, and any case material of an obscene nature;
- Material that infringes copyrights, in particular pirate software, music files, images, videos, texts protected by copyright;
- Offensive or defamatory of any person material, including expressions of bigotry, racism, hatred, profanity or threats, news and / or political or religious beliefs.
- Material that promotes or provides information about illegal activities or that are related to them in any way or that may cause injury to others;
- Material that contains personal data relating to third parties including sensitive and / or judicial nature, especially but not only that refer to health information, the racial origins or sexual habits;
- Material that contains information about the use of weapons, drugs and / or in any way incites the use of violence or made a violent nature;
- Links to web pages that can lead to damage and / or injury to the user;
- Material containing initiatives related to gambling, contests, games that require payment for participating;
- Inappropriate material for people under 18;
- Material that portrays children and / or concerns minors;
- Material used for phishing (fake log-in);
- Material that might entail any form of direct or indirect damage to third parties and / or Altervista;
- Material or activity that, in general, violate or encourage to violate any provision of law and / or provisions of the Public Authority.
4.9 The User acknowledges that AlterVista reserves the right to verify at any time and without notice, at its discretion, full observance of the General Conditions. AlterVista reserves the right to immediately suspend, even permanently, the Services if, in its sole discretion, also have been reported by others, it believes the conditions have been breached: for example the User takes a malicious misconduct or even if the address of the hosted site is used for unsolicited communications (spam), or the User use the email sending capabilities of AlterVista to send such kind of communications.
The User acknowledges that AlterVista, in fulfillment of its obligations arising from mandatory law, can report the content entered in the hosted sites to the competent authorities and / or to disable access to the contents of hosted sites and / or provide (when possible) the removal of the contents from the hosted sites (or other appropriate measures to achieve the effect of no longer making such content available to the public) and / or implement any other measure prescribed by law or by the competent authorities in cooperation with AlterVista. The User acknowledges and agrees that in case of its failure to reply or compliance with notices and / or orders of any competent authority requiring removal of specific content AlterVista may be required to disable access to the hosting space and that such intervention by AlterVista is provided by specific laws that prevail on the User's rights under the General Conditions.
4.10 AlterVista is expressly authorized to enter in the hosted site all appropriate warning about the lack of any connection between AlterVista and the User and Content or the activity exercised by the User through the hosted sites (for example: link to the Disclaimer, the General Terms, the report of abuses Altervista).
4.11 The User cannot use the Service as a simple storage space for files to download, dynamic elements or other material used by external sites, and create multiple accounts for a single hosted site (so-called "mirroring"), or to host a part of it.
4.12 It is not permitted to abuse of restricted areas protected by password on the Hosted Site, creating archives, databases or sites where the most significant content is not freely accessible to the public.
4.13 All the hosted sites, published by users who are registered on the site Italian version (it.altervista.org), must be in Italian.
4.14 Every site must be fully accessible and navigable from the URL assigned to it.
4.15 Hosted sites use shared resources, it is therefore good to pay attention to the software used in its own space, as particularly heavy or poorly optimized applications cannot run in a shared environment. In order to guarantee an equitable distribution of available resources among the Members of each server, Altervista may intervene to limit the abuse of resources if it were detected running software that can compromise the quality of the services offered.
4.16 It is not permitted in any way use the Hosted Site as mere "redirect" to external resources or to build doorway, proxy or exclusively content aggregations.
4.17 AlterVista may allow you to create not just Sites Hosted on altervista.org but also to alternative domains, if it's available, dedicated to specific thematic content or semantic fields (collectively the "Domains" and individually the "Domain "), by way of example but not limited to:
4.18 Domains available for creating new hosted sites may change over time. AlterVista therefore does not guarantee that each of the domains listed above is always open to new activations of hosted sites.
4.19 Altervista may at any time decide to modify or cease the service of one or more domains among those offered to host the sites. In the event that a domain can no longer be used, Altervista will give notice to the User 10 days in advance via e-mail notification and via alerts on the User Control Panel. The user in this case will have the right to withdraw by the General Conditions (as defined in Article 10 of the General Conditions), or to migrate his hosted site on altervista.org domain.
4.20 Altervista can allow, in its sole discretion, to deliver the service on a second-level domain (such as but not limited to: dominiosito.tld).
4.21 The User may, when allowed by the platform, create a hosted site by picking up a domain from list of point: 4.17, pledging to produce original content, truthful and with high quality standard, composed in Italian language, based on topics coherent with the arguments and the semantic fields related to domains as described in the above list.
4.22 AlterVista has automatic tools for the semantic analysis able to detect any inconsistencies between the contents and arguments profiled in the list at point 4.17 and / or treated by the ad campaigns on their respective subject areas, reserving the right to reallocate the hosted site to an alternative domain than the one initially chosen by the User during the registration.
5. Obligations and Responsibilities Of The User
5.1 The User undertakes to use the Services only for lawful purposes and in compliance with law, regulations, usages and customs, and so as not to cause any damage or harm to the Company and to third parties.
5.2 The User assumes all responsibility for any damage or prejudice that could be caused to himself or to the Company or to third parties by the publication, dissemination, or transmission of the contents.
5.3 The User hereby agrees to keep harmless the Company and / or other Users, relieving, both in a substantial and procedural way, against any injury, loss, damages, liabilities, costs, charges, expenses, (including attorneys' fees) civil, administrative and criminal, resulting from any claim and / or demand and / or action (whether in compensatory damages and / or compensation) which has been and / or may be asserted against the Company, at any site, by third parties, in relation to the publication and dissemination on the Site Hosted content.
5.4 The User undertakes in particular to respect the privacy statement and the copyright.
5.5 The User is the owner of the data processing used in the content of which, therefore, it assumes full responsibility.
5.6 The User warrants to be the owner, assignee or licensee of all rights of commercial use of any content (the "Material" or "Content") entered through the Service in any form, in any area or space made available by AlterVista.
5.7 Every Material in the name of a third party can be used by User only if this one has gained, from the owner, the rights of use (including the authorizations of any holders of related rights and artists, and performers, where required). In this regard, the User agrees to acquire and maintain a written copy of the contract of sale or license or authorization for the use of the Material, signed by the third party owner of such Material (and any other holders of related rights), committing to cite the author / owner of the Material and the origin of the authorization to use it in all cases required by law or by AlterVista.
5.8 The audiovisual or photographic material depicting the portrait of others can be used only if the User has obtained the consent of the portrayed subject to the use of the portrait for the purposes of the User. Any material containing names, voices or traits linked to an individual different from the User can be used only after obtaining the consent of the person who owns his relative right to personal identity. In this regard, the User agrees to acquire and keep a copy of the written authorization required by this Section 5.8 and to show it in all cases required by law or by AlterVista.
5.9 In relation to the availability of the rights and consents above the User assumes full responsibility, acknowledging that he/she is the sole responsible, thus committing to indemnify and hold harmless AlterVista, in terms of substance and procedure, in relation to any disputes for third parts.
5.10 The User agrees to be solely responsible for the accuracy and veracity of the entered Material, and ensures that this Material is lawfully available for him, it is not contrary to mandatory law and does not infringe any distinctive mark, intellectual property rights, industrial, image rights or other rights of third parties arising from the legal rules in force (including any subsequent amendments or additions), by habit or custom. In any case, the entered Material must not present forms and / or content having child pornography, pornographic, obscene, profane or defamatory nature. User therefore undertakes to indemnify and leave Altervista harmless in relation to any dispute of third parties who complain about the violation of their rights due to the placing of any material through the Service by the User.
5.11 By accepting these terms and conditions User undertakes to comply with what it's expected by the Regulation related to the protection of copyright on electronic communications networks and implementing procedures pursuant to Legislative Decree 9 April 2003, n. 70 pursuant to resolution no. 680/13 / CONS of December 12, 2013 (hereinafter Autorità Garante delle Comunicazioni "AGCOM" Regulations). User acknowledges the status of AlterVista as "service provider" pursuant to art. 1 1 (f) of the Regulations and that in this role AlterVista can be addressed by measures that impose AGCOM to provide for disabling or (where possible) to the selective removal of content entered by the User (or other appropriate measures to achieve the effect of making no more available to the public such content), where he has been considered responsible of an unlawful use of digital works in accordance with the Rules. In the event that it is established a procedure before AGCOM related to the content entered by the User, the latter undertakes to give to AGCOM any feedback and information provided by the Regulations and acknowledges that Altevista, pursuant to the Regulations, it is not required to provide any assistance to the User under this procedure. Being understood what it's provided in the preceding paragraph, in the event that it is established a procedure before AGCOM related to the content entered by the User and Altevista requires to the latter any information, documents or clarifications, the User agrees to supply them promptly and however, within the period specified by AlterVista. In the light of the obligations provided for by law, and in particular by the Regulations, at the expense of AlterVista, User acknowledges that the latter should disable access to the content of the hosted sites and / or provide for the removal of the contents of the hosted sites (or other appropriate measures to achieve the effect of making no more available to the public such content) and / or implement any other measures required by law and / or regulation against AlterVista.
5.12 AlterVista reserves the right to include in the layout of the websites created with pre-installed applications, or applications installed via User control panel, any codes needed to optimize the delivery and the performance of the advertising banners, any anonymous tracking codes for traffic measurement (i.e. Google Analytics, Comscore, Audiweb, Nielsen Net Ratings), and a tracking code for visitors profilation, the latter is activated only upon the presence and acceptance of cookies policy by visitors of the User website.
6. Banners or Banner Service
6.1 The User may, at its discretion and optionally, insert or activate Banner in the hosted site.
6.2 Activating the Banner Service or by entering Banners in the hosted site the User declares to fully accept the "Supplementary Rules for the activation of the Banner" under Rule 17 of these General Conditions.
6.3 Banners allow the User to receive a payment from Altervista based on advertising rates and / or remuneration groups and / or criteria (criteria from time to time determined by Altervista at its sole discretion) such as described in the Control Panel Site, where the user can activate Banners. Altervista reserves the right to modify at any time, at its sole discretion, advertising rates and / or advertising formats and / or remuneration groups.
6.4 Altervista monetizes the advertising Banners making use of its advertising agency and / or third advertising agencies on the basis of specific agreements and / or using other circuits or ad networks.
6.5 PLEASE NOTE: Unless the activation of the Banner Service, it is forbidden to enter, activate and display on the Hosted Site and / or its Content any form of banners, pop-ups or pop-unders, and / or activate and / or insert any other form of advertising and / or source of earnings from traffic of the Hosted Site and / or any type of ad network or ad server, or to give concessions to third parties advertising or promotional space on the hosted website and / or the content and / or use other forms of sponsorship and codes different from those provided by AlterVista without the express written consent of the Altervista staff.Advertising banners of Google AdSense only make exception to these bans, but in the event that the contract between the User and Google Adsense has been perfected by the User through the Altervista control panel, or perfected in the connection between AdSense and Altervista, through the User Control Panel.
6.6 Allocation of advertising banners Google AdSense takes place following the signing of an agreement between the User and Google, Altervista is not responsible about the relationship between the User and Google, nor the payment of the earnings to the user, which is exclusive in charge of Google. The User, however, acknowledges that upon activation by the user of Google AdSense, Google will recognize to Altervista a revenue sharing on Google AdSense revenues generated by the Hosted Site.
6.7 The User acknowledges and agrees that Google may suspend, at its discretion, the advertisements banners Google Adsense without Altervista has no responsibility in this regard. After the suspension by Google of the delivery of advertising banners Google Adsense, Altervista may decide whether to suspend the provision of the Service Banner for the hosted site.
6.8 It is forbidden to set up web pages on the website Housed exclusively or predominantly devoted to advertising banners and / or Adsense Banner, it is also not allowed to insert ad banners on pages under construction or in pages without contents. The Banner must be placed in a prominent position and can not be accumulated disorderly, or positioned in a manner adjacent to each other, or positioned in the bottom of the page, unless required by Altervista.
Banners must be always be well spaced from each other within the same web page, always be divided from one another by appropriate amount of non-advertising content and their overall size in each individual web pages. The overall size of the advertising content in each web pages should never be higher than that of non-advertising content. All the above also applies to Google Adsense ads and the simultaneously presence in the same web page of the ads from the Banner Service of Altervista and Google AdSense.
6.9 In order to guarantee to advertisers (those who purchase directly or through third parties, advertising on Banner) maximum safety, the generated advertising traffic is subjected to extremely rigorous automated checks, aimed at verifying the compliance of the General Conditions and additional regulations for the activation of the advertising.
6.10 Any attempt to artificially inflating the revenues accrued by the Users through the Banner Service will automatically result in the ban of the hosted site from the provision of Banner, the User's account suspension and, in case of relapse, if the claim to Public Authorities. By way of example: it is forbidden to repeatedly click on their advertising elements (Banners), use automatic systems for generating visits / clicks (autosurf, AUTOHIT, traffic exchange, etc.) on the User hosted site and / or on Banners, clickjacking and do damage, or modify the delivery codes Banner without any written permission of Altervista.
6.11 It is forbidden to insert in the texts and in the Content of the Hosted Site, phrases that may lead the visitor to click on Banners, or enter phrases like "you contribute to the maintenance of the site" or "support us".
6.12 Banner must be inserted always in a prominent position and should never be cut or partially covered, banners must always be displayed in their entirety.
6.13 The insertion of advertising banners on the hosted sites, which is optional in accordance with paragraph 6.1, takes place automatically and manually by the user in his/her hosted site, using external services such as, but not limited to, Criteo, Krux, Double Click for Publishers and Google AdSense or other ad servers or ad networks. Therefore, in order to provide the Banner Service, to allow the best earnings and perform analysis, the User agrees to insert and allows Altervista to place all the necessary tracking code, which may change over time according to the needs of Altervista (such by way of example: Krux, Criteo, Google Analytics, Google Adsense, Doubleclick for Publishers, Facebook etc.).
6.14 Altervista acknowledges that, as for all other services offered through its platform does not perform, manages directly and / or indirectly, nor supervises and / or controls in any way the content of the common banner ads on hosted sites. In connection with such activities, Altervista is intended as a hosting service provider, in accordance with the provisions of Legislative Decree no. 70/2003, and therefore is not responsible for the content of banner conveyed on hosted sites.
6.15 In the event of breach by the User of the provisions of this Article 6 or of supplementary rules for the activation of advertising, the User is obliged to pay a penalty (pursuant to art. 1382 of the Codice Civile). The amount of the penalty payable is equal to total loans for the User Banners accrued but not yet paid, as well as quantified and specified in the User Control Panel, the AlterVista date of the communication by which the violation is contested, unless in any case the right to AlterVista to take legal action for any greater damage. AlterVista reserves the right to compensate, in accordance with art. 1252 C.C., the credit deriving from the above criminal with its debt arising from the balance for the User Banners boasted. AlterVista may in its discretion decide to re-enable the User is responsible for the violation to the Banner Service.
6.17 Altervista reserves the right to change without notice advertising formats and advertising rates and ad format availability within each remuneration groups. Altervista also reserves the right to differentiate the advertising rates of the individual advertising formats depending on their belonging to certain remuneration groups, or to apply at the same ad format different advertising rates depending on the semantic profile of the site, the traffic generated by the hosted site and / or Banner, and generally of all the criteria that are the basis of the determination of the remuneration groups. Altervista also reserves the right to create new remuneration groups and / or modify, in any respect, at any time and with immediate effect even existing remuneration group and / or delete them also being defined, in the latter case by reallocating Hosted Site belonging to the eliminated remuneration group in another ad group, at its option and at its own discretion.
6.18 Altervista reserves the right to apply special conditions to an individual Hosted Site as well as to exclude it from the provision of Banner Service, this last point if at the request of his own advertising agency.
6.19 AlterVista reserves the right to insert, at its sole discretion, the Hosted Site in each of the remuneration group, as well as the moving of the Hosted Site in a remuneration group to another.
6.20 The Company reserves the right to check, at any time and without notice, at its discretion, compliance with the terms and conditions in the use of the Services by the User, and strict compliance by the User of all the points referred to in this Article 6, reserving the right to terminate definitively and without notice the provision of the Service Banner and possibly also of the individual member Service if they violate or has violated the General conditions or special terms and conditions applicable to the Service Banner.
7. Remuneration for advertisement on the hosted sites
7.1 AlterVista undertakes to make payment of amounts accrued following the insertion or activation of Banner in the hosted site as resulting from their advertising statistics service, which the User has the right to control directly on the control panel of his Hosted Site.
7.2 You can obtain payment of credit (of the sums accrued) upon reaching the minimum threshold of EUR 36.15 including any enrollment bonus awarded to each user upon registration. The user also has the possibility to choose the payment method from those available, methods which may vary over time, and that, in any case, must conform to the rules on the traceability of financial flows and money laundering.
7.3 In order for the payments to be made properly you need to send the data and documentation that may be required, including when required a copy of a legally valid identity document and the fiscal code (if required payments through the use of a Paypal account, the 'to send a copy of the identity document and tax code is required), within the deadlines set forth in art. 7.4 In addition to the payment of accrued compensation is not transferable, and will only be sent to the User.
7.4 If at the end of each calendar month the user has reached the minimum threshold as indicated in the previous article. 7.2, the User will have six (6) months to provide the details necessary to AlterVista payment. Otherwise, the credit will be extinguished and the user can no longer claim any right in this regard against AlterVista.
7.5 User acknowledges that if Altervista archives its hosted site for inactivity and / or neglect, as more fully described and specified in the following art. 10.2 and the User fails to its reactivation by the deadline referred in art. 10.3, the credit that he may have gained by hosting advertising banners on the Hosted Site will be lost and not recoverable. In the case of reactivation of the hosted site, however, the rules referred to in art. 7.4 are valid.
7.6 The Company can not be held responsible for non-receipt by the User of payments, following the inclusion of erroneous information (exemple: tax code, wrong IBAN) or other User errors (exemple: failure to complete the creation of a Paypal account).
7.7 The payments given by the Company to the individual user for the Banner service shall be considered as advertising payments.
8. Antispam guardianship
The AlterVista community is against spam (generally defined as the sending of not requested and undesired messages to indistinct subjects) practiced in every form and with every mean. Users engage therefore to not use Altervista resources for these kinds of activities which include for example the sending of messages considered spam and which contained links to one or more AlterVista domains, independently from the fact that the mail server used to send them belongs or not to the AlterVista network.
9. Minor children guardianship
9.1 Minor children must conclude the inscription procedure with the assistance of a parent or legal tutor.
9.2 The subjects who have parental authority over minor children and allow them to use the service are responsible of the online behavior of their minor children, of the access control and of the consequences in case of service abuses caused by the minor child.
10. Duration and Termination
10.1 The Service is provided for an indefinite period unless terminated by either party in accordance with the General Conditions. However, AlterVista has the ability to store the hosted sites (making them no longer available and visible online), if the site is inactive and / or abandoned, according to the definition set out in paragraph 10.2 and in compliance with the procedures described in the following paragraph 10.3.
10.2 A hosted site is considered inactive and / or abandoned when at least one of the following conditions is satisfied:
10.3 The filing by Altervista of a hosted site it means make it no longer available and visible online and in the contemporary creation of a backup containing all the Site Materials (including any mysql database). This copy can be restored from the account control panel of the Hosted Site by the User for 30 days following the sending of the notification of the filing calls from Altervista User via e-mail. The archive also includes the deactivation of any email alias @ altervista.org.
10.4 AlterVista also reserves the possibility of eliminating (even permanently) the hosted sites and all the materials contained therein, which have been filed and reactivated within the period referred to in Article. 10.3, simultaneously ending the Contract entered into with the user.
10.5 The user who is considered a consumer according to the consumer code has the right to freely withdraw the contract within 14 working days after its conclusion. The withdrawing must be executed through a recorded delivery mail (or certified delivery mail) with receiving advice sent to Arnoldo Mondadori Editore S.p.A., to the registered office placed in Via Bianca di Savoia 12, 20122 Milano, Italy. The withdrawing can also be sent via e-mail to the address firstname.lastname@example.org, only if the withdrawing communication is confirmed through a recorded delivery mail or certified delivery mail with receiving advice within the following 48 hours.
10.6 The User is in any case the right to delete your hosted site directly online, no need to send any written notice by following the appropriate procedure in the User panel, unless the hosted site is not hijacked by the Judicial Authority. This will see how much better defined in section 10.7.
10.7 The removal of the hosted site puts an end to any contractual relationship between the parties, and the complete removal of the hosted website and its contents, its backup and all the additional services activated for it.
10.8 In the event of withdrawal from the Contract by the User, the User may request the balance of amounts accrued in relation to the Service Banner as long as credit is greater than EUR 36,15 to the limits and conditions of paragraph 7.
10.9 In the event of termination of the Agreement by AlterVista due to violation of the General Conditions by the User, the User any sum due to the title of credit accrued will be retained by AlterVista as a penalty, but the right of all AlterVista ' any additional damages.
11. Responsibility limitation
11.1 The user assumes the exclusive responsibility for every activity in the field of the service provided by AlterVista and engages to exclude and to not cause any damaging emerging from any complain, demand or threat related to or deriving from the use or the abuse of the service.
11.2 The user undertakes to use AlterVista exclusively for allowed purposes and pursuant to the law, to rules, uses and customs.
11.3 The user assumes every responsibility for the download operations that he or she executes by using the service and the material to upload in the hosted site.
11.4 The User is responsible and liable to prosecution in relation to the contents and the hosted site. When entering the Content, the User represents to strictly adhere to these Terms and Conditions.
11.5 If AlterVista is subject to legal actions by others with reference to the activity executed or to the modality of use of the service by the user, he/she accepts to exclude and to not cause any damage to AlterVista from any claim, action or prejudicial effect related to the legal action and he/she undertakes to refund every expense and to compensate for any direct and/or indirect damage suffered by AlterVista owing to these legal actions.
11.6 The user also engages to exclude and to not cause any damage to AlterVista from any responsibility and consequent losses, damages and expenses suffered and/or supported by others and deriving from the use of the hosted site without respecting the obligations contained in the general conditions by the surfers, that is to say by others allowed to use the hosted site, included the eventual legal expenses incurred by AlterVista also with damages hypothesis claimed by others.
11.7 The user assumes every responsibility for every damage or prejudice deriving from him or her or by others from the publication, the removal or the transmission to other unauthorized people of the material inserted by him/her or by others in the hosted site.
11.8 AlterVista declares to not execute any editorial control on the contents of the hosted sites. Therefore, every responsibility for damages and illicit actions deriving from these contents are exclusively attributable to the users.
11.9 It's a User duty take any proper action in order to maintain backup copies of his own Material and data stored in the website and its database. The proper condition of such backup copies are totally under the User responsibility. Even if the User has activated the Backup Service from Altervista, regarding both website and database, Altervista it is not responsible for the damage, the corruption, the partially corruption and the availability of the backup copies, if the cause of the corruption and the availability it's not under Altervista control.
11.10 The user assumes all liability for any Content possibly published by third parties in the hosted site, using application software he created or pre-installed in the web space. The User also assumes any responsibility for the proper treatment, according to the regulations, the data of third parties that he eventually collected through or on the hosted site.
11.11 The use of the Service is entirely at the User own risk. The Company makes no warranties and makes no promise of quality, proper functioning of the Service or fitness for a particular purpose or a result set by you.
11.12 The Company does not assume liability for any damages, claims, direct or indirect loss Users due to the failure or malfunctioning of electronic equipment of the Users or third parties. The Company may not be held liable for consequential damages in failure to give due to malfunctioning of the electronic means of communication service for reasons outside the sphere of the company's control, including, by way of example: fire, natural disasters, lack of energy, lack of telephone lines or of other network service providers, as well as actions of other Users or other persons with access to the network.
11.13 They are subject to the requirements of each individual user to operate in compliance with the tax laws applicable thereto engaging henceforth to indemnify and hold the Company harmless from any claims arising from a failure and / or misapplication of the tax and the tax profiles attributable same.
11.14 Please Note: Altervista not carry out any promotion and / or advertising and / or sponsorship of hosted sites. Any quotation and / or indication of hosted sites within web sites and / or social pages of the Company and / or Altervista, has the sole purpose of promoting the activity conducted by Altervista.
12. Changes in the service or in the general conditions (Terms of Service)
12.1 AlterVista reserves the right to modify at any time the General Conditions and the terms and the characteristics of the offered Service through general notices to Users published on the Site and through e-mail to the User indicating of the effective date of these changes , which must be after at least 30 days compared to that of the AlterVista communication.
12.2 In the event that the modifications produce a significant decrease of the Services, the User will be entitled to withdraw from the contract within 15 days since the receiving notice of the variation.
12.3 The continued use of the AlterVista services after the deadline reported in paragraph 12.1 represents the will to accept the General Conditions and / or modification and / or the new terms and / or characteristics of the Services.
12.4 Except what reported in paragraph 12.3 if the user communicates to AlterVista the wish to not accept the modifications of the general conditions, the contract will be cancelled for the effect of the withdrawing of AlterVista, which will be effective 30 days after the communication reported in the paragraph.
12.5 The general conditions (Terms of Service) will be valid even if AlterVista changes its domain and/or its company name and/or is interested in extraordinary operations with an other company or society.
13. Suspension or termination of the Services
13.1 The Company reserves the right to suspend or terminate, even permanently (even with the possible permanent closure of the same), at any time, the provision of services and also a single service or a part or characteristic thereof.
13.2 The Company disclaims any liability with regard to the potential damage caused by the interruption of the Services, also deriving from blackouts or the Site server failures or third-party suppliers by the Company.
13.3 The Company reserves the right to discontinue the need for maintenance services or upgrade their computer systems or third-party providers.
13.4 AlterVista may at any time discontinue providing the Service to a User where it fulfills motivated reasons of safety or violations of confidentiality, or has been ordered the removal of any illegal content by the competent judicial authority, in this case by giving notice to the User.
13.5 AlterVista also reserves the right to terminate immediately, temporarily (suspension of service) or ultimately the provision of services or a single service to the user, as a result of inspections found to have violated the provisions relating to its obligations.
14. Applicable law
14.1 These terms of service shall be governed by and construed in accordance with Italian law.
14.2 Any dispute, controversy or claim arising out of or in connection with these terms and conditions, in case the User is a Consumer, shall be settled by the competent court having jurisdiction over the place indicated by the User as his residence or domicile at the time of the registration (or subsequently modified), if located within the Italian territory.
15. Rules applicable to the amusement areas or the Forum
15.1 The users who use the AlterVista forum are subject to the dispositions described in the general conditions (Terms of Service).
15.2 Forum users must respect the following rules.
For all the prohibitions above described, in order to simplify the moderation and control activity of the warnings received done by users, a point system has been introduced. When a user has received a warning, the violation will be notified, as well as the violation score and the score expiration date. To the achievement of some score thresholds, the forum ban will start automatically.
List of the violations and thresholds:
16. Special terms and conditions applicable ONLY to who requires a second level domain registration ("Domain registration service").
The users who make use of the Domain Registration Service, are subject to the dispositions present in the general conditions. According to the general dispositions, those related to the service are extended also to the domain registration service, except if is not differently specified. The users of the domain registration service have to respect these terms and conditions.
16.1 The domain registration service allow the registration of a own second level domain (for example, yourname.com, org, net, info), with the additional possibility to make use of some other services ("Accessory services") as it is in detail explained in the site. The registration of a domain do not imply the creation of a new web space or any modifications to the existent one or to the associated virtual host.
16.2 The supply and the updated features of the domain registration service and of the accessory services can be consulted on the site in the section FAQs.
16.3 The user who decides to pay for using the domain registration service and the accessory services, can choose the payment modality within those presented in the control panel. The payment can be executed by deducting the sum of the earnings obtained by the own account, if the user has obtained a sufficient amount to request the balance according to the paragraph 7.3 and for the purchase of the selected domain registration service.
16.4 The user is informed about the fact that the registration of a .biz domain is reserved to people who want to make a proper use for a commercial activity, based on the exchange of goods and services.
16.5 AlterVista goes on with the name registration in the domains following the chronological order of the requests and it does not assume any responsibility on the acceptance of the registrations by the relevant registration authorities, neither for the disputes on the domain name assigning or for eventual modifications in the registration procedures or in the naming rules by the registration authorities.
16.6 AlterVista apply itself to maintain an efficient and functional domain registration service. AlterVista declines every responsibility on direct and indirect damages caused by the service, taking however into account that in case of a missed removal of the registration caused by AlterVista, the company will pay a fine in favour of the user equal to three times as much as the sum paid by the user for the renewal request of the domain name, except any other claim or compensation by the user.
16.7 The user must control in the registers of the relevant registration authorities that the registration procedures have been properly executed.
16.8 The domain registration service lasts one year starting from the effective registration of the domain name. After this year the domain registration service will be interrupted, unless it is renewed at least 30 days before the expiration date by the payment of the sum referred to the current tariffs at the moment of the renewal.
16.9 The user is informed about the fact that he/she has the duty to be informed about the current rules for the solving of the disputes on domain names (Uniform Domain Name Dispute Resolution Policy) with reference to the required domain registration service.
16.10 AlterVista reserves the right to modify the domain registration service and the service conditions in any time according to the modalities established by the article 12 of the general conditions. However for every active contract the conditions present at the moment of the conclusion of the contract will be granted, until the contract annual expiry date.
16.11 In case of domain transferring to an other provider or maintainer made by the user, the contract will be ended due to the withdrawal of the user starting from the date from the transferring conclusion with the following deactivation of all executed accessory services. AlterVista will maintain the sum already paid and referred to the residual duration of the contract as the amount due for the withdrawing.
16.12 AlterVista reserves the right to suspend the domain registration service and the accessory services in cases of disputes with others about the registered domain name, waiting for the conclusion of the dispute and excluding any repayment or compensation and the direct responsibility of AlterVista for the misuse of the domain registration service and the accessory services by the user during the suspension time.
16.13 The user acknowledges that he/she has the duty to know the rules on personal data processing by the relevant registration authorities with reference to the selected domain name and declares to be informed that these rules may imply spread obligations or personal data processing rules in the registers accessible to public through Internet, without any control by AlterVista.
16:14 The User acknowledges that it is his obligation and responsibility to keep updated data on the holder of the domain and indemnity AlterVista interruptions of service tax from the registration authorities and registers as a result of defaults in updating and verification of the information provided.
17. Additional regulations for activation of the Banner Service
The accompanying rules for the activation of the Banner, be viewed at the following links, they fully apply to the User that have enabled or entered the Banner.
Read additional regulations for activation of the Banner Service
18. Promoting Sites Hosted
The hosted site could also be promoted by the company through search engines, automatic correlation mechanisms of content and launches on social networks, provided that Altervista not work anyway no editorial control over the contents as reported in paragraph 11.