Web Site Terms and Conditions of Use
Lowhosting Services of Davide Gennari below will be defined "Lowhosting", or trivially "We", with registered office in "Via Benetti, 9, 45019 Taglio di Pò, RO, Italy".
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials
(information or software) on LowHosting's web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on LowHosting's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by LowHosting at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on LowHosting's web site are provided "as is". LowHosting makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, LowHosting does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall LowHosting or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on LowHosting's Internet site, even if LowHosting or a LowHosting authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on LowHosting's web site could include technical, typographical, or photographic errors. LowHosting does not warrant that any of the materials on its web site are accurate, complete, or current. LowHosting may make changes to the materials contained on its web site at any time without notice. LowHosting does not, however, make any commitment to update the materials.
LowHosting has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by LowHosting of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to LowHosting's web site shall be governed by the laws of the State of ITALY without regard to its conflict of law provisions.
9. Payments Missed
The Company reserves the right to temporary or permanent suspend or termination(And delete all datas) of service in the event of non-payment of what is due within the established times. This interruption does not relieve the Underwriter from its liability in connection with the payment of the sums due, increased by legal interest and the credit recovery costs.
For some types of dedicated services you cannot request cancellation if there is already an invoice issued for that service, in some special cases you can pay a penalty of EUR 15 to pay for the failure to cancel the service in time.
10. Service Level Agreements (SLA)
we commit to ensuring the following Service levels:
(a) GE-OPENVZ* Services:
Monthly availability rate: 97.5%
(b) All Other Services:
Monthly availability rate: 99.5%
“Monthly availability rate” should be understood as: the total number of minutes in the month considered as a deduction made from the number of minutes of unavailability over the month concerned. The total is divided by the total number of minutes in the month.
“Unavailability” should be understood to mean: the loss of access to and inability to reboot the VPS, for more than three (3) consecutive minutes from the moment an Incident ticket has been opened by the Customer.
The Service level agreements made above are subject to the exclusions below, and on the conditions that in the event of unavailability the Customer shall collaborate with us to reestablish the Service.
This agreement does not in any way concern the availability of elements that are under the Customer’s control, such as software or applications installed on the VPS and used by the Customer.
This service level agreement is not applicable in the event that we are unable to perform the technical operations required to check the service state due to the Customer’s configuration of their VPS.
If we confirms that a VPS is available and in good working order, we are released from the obligation under the SLA. However, in this case, upon the Customer’s request, we agrees to assist them in identifying the cause of the issues found by the Customer.
If we identify an Unavailability, we complete the diagnostic and works in collaboration with the Customer to reestablish availability.
If the service level set out above is not reached, the Customer can request the following credits :
• Unfulfilled availability rate:
(a) GE-OPENVZ* Services:
Credit equal to 10% of the monthly amount paid by the Customer for the month during which the components were affected by the Unavailability, if the availability rate identified is equal or lower than 97.5%.
(b) All Other Services:
Credit equal to 10% of the monthly amount paid by the Customer for the month during which the components were affected by the Unavailability, if the availability rate identified is equal or lower than 99.5%.
It is expressly agreed that for the Customer, the aforementioned credits represent a flat-rate compensation for any damage resulting from our non-compliance with the relevant service commitments. As a result, the Customer renounces the right to submit any other request, demand and/or action.
If an incident results in our side failing to comply with several commitments in the Service Level Agreement, the credits cannot be accumulated. When credit compensation is applied, it is provided as generously as possible to the Customer. Furthermore, the total accumulated compensation able to be attributed over the course of a month for all incidents combined cannot exceed 100% of the total monthly amount billed to the Customer.
The Customer cannot under any circumstances use this article and request the aforementioned credit compensation in the event of unavailability resulting in full or in part from:
(i) events or factors outside of the our control including but not limited to cases of force majeure, third parties, downtime or incorrect usage of hardware or software under the Customer’s management (particularly the applications run on the VPS);
(ii) failure on the Customer’s part to fulfil the obligations listed as part of this Contract (in particular, failure to collaborate in resolving the incident); (iii) incorrect or inappropriate usage of the Service by the Customer;
(iv) scheduled maintenance;
(v) an interruption that falls under the conditions listed in the “Terms and Conditions of Use” article in this document;
(vi) hacking or piracy.
11. Fair usage policy
Some resources are subject to a fair-usage rule (for example all the virtual services with Unlimited resources) and this means that it is forbidden to abuse, we are very large with quantities and do not set a real limit but when the action of a customer can also create problems for other people in the same node/network this violates the fair use policy.
Except in rare cases we will contact you before taking any action on your service or account and we will ask you for explanations and if the abuse is caused by excessive use of resources (e.g. network bandwidth) and you requires this massive use we will arrange a solution for you.
We reserve the right to suspend any service without prior notice if the abuse vastness is excessive.
Lowhosting Services of Davide Gennari below will be defined "Lowhosting", or trivially "We", with registered office in "Via Benetti, 9, 45019 Taglio di Pò, RO, Italy".
We remind you that the processing of personal data means any operation or set of operations, carried out with or without the aid of digital tools, concerning the collection, registration, organization, storage, consultation, processing, the modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, deletion and destruction of data, even if not recorded in a data archive.
This information applies when you visit our website or our social media channels; when you purchase our services and use our applications; when you sign up for our newsletter; request our assistance or you are a supplier, partner, consultant or any other person who has business relations with us.
The information and data you provide will be treated in compliance with the applicable regulations and standards (including, by way of example but not limited to, the General Data Protection Regulation - EU Regulation 2016/679 - General Data Protection Regulation or “GDPR ").
The data processing carried out by us is based on the principles of correctness, lawfulness, transparency, accuracy, integrity, confidentiality, limitation of the purposes and conservation and minimization of data.
THE LEGAL BASIS OF OUR DATA PROCESSING
We base the processing of your personal data on different legal bases:
- your consent (only when necessary or permitted by law). In that case you will still have the right to revoke it;
- the need to establish a contractual relationship and fulfill its obligations;
- the need to respect the laws in force and to establish, exercise or defend against legal actions;
- the need to pursue its legitimate interests: ensuring that networks and information are secure, preventing or investigating alleged or actual violations of the law, commercial contracts or cases of non-compliance with its business principles;
- the need to respond to your requests;
- any other legal basis permitted by current regulations.
WHAT KIND OF PERSONAL DATA WE TREAT, WITH WHAT PURPOSES AND HOW LONG WE KEEP THEM
a) Navigation data
For the proper functioning of our site and the services provided, IT systems and software procedures are required which, during their normal operation, acquire certain personal data, the transmission of which is implicit in the use of internet communication protocols. These are data that are not collected to be associated with identified subjects, but which by their very nature could, through processing and association with data held by third parties, allow users to be identified (eg IP addresses). These data are used only for anonymous statistical information regarding the use of the service and to check its correct functioning and are kept for the period strictly necessary and in any case in compliance with the regulations in force.
b) Customer data
In order to be able to provide the services provided in the contractual agreements, carry out marketing activities and comply with tax obligations and foreseen by current regulations, we will collect the following customer data: Name - Surname - Company name (in case of subject other than private) - Tax code - VAT number (in the case of a subject other than private) - Address - City - Cap - Province - Telephone numbers - Email addresses. These data will be kept for the purpose of providing the services, as well as for promotional activities and for a period of 10 years starting from the termination of the contractual relationship. For tax purposes and other legal obligations, the same data will be kept for 10 years, unless the law allows a longer period of storage; long, also due to the maturing of the limitation period for any rights claimed by third parties.
c) Supplier data
In order to ensure the smooth running of the employment relationship, we need the contact details of the relevant subjects operating within the supplier company (such as names, surnames, telephone numbers and e-mail addresses). We also need all the data necessary for issuing the invoice, as well as the bank details needed to pay for the services purchased (if it is part of the contractual agreements stipulated). For the aforementioned purposes the data will be kept for a period of one year starting from the termination of the contractual relationship. For purposes of a fiscal nature and for other legal obligations, the data will be kept for 10 years, unless the law allows for a longer period of storage; long, also due to the maturing of the limitation period for any rights claimed by third parties.
d) Data related to the registration of domain names
For the registration of domain names we will only carry out the strictly necessary treatments and if you do not provide the data it will be impossible to provide the service. The data provided may be communicated to third parties exclusively for the aforementioned purposes (national and foreign registration authorities). At the end of the registration of the domain, as provided by each of the relevant Registers, the data provided will be published on the WHOIS (public database that contains all the data of the domain name holders). These data will be kept for a period of 6 months starting from the deletion of the domain name to which they refer, unless further storage is imposed by order of a judicial or administrative authority.
e) Data of third parties provided by the interested party
It could happen that you provide the data of third parties to request the assignment of domain names or to differentiate the billing contacts (in case your customer directly pays for the service). In this circumstance you will be the exclusive owner of the processing of the aforementioned data with related legal obligations and responsibilities. These data will be stored exclusively for tax purposes (invoicing) for a period of 10 years and for a period of 6 months starting from the cancellation of the domain name to which they refer (domain registration for third parties), unless the law requires or allow a longer storage period; long.
g) Traffic data
We inform you of the existence of the log of the connections (LOG), in which the data relating to the telematic traffic are kept, in the terms and according to the timescales foreseen by law. Once the statutory retention period has expired, and unless otherwise indicated by the Authority with administrative or judicial provision, the aforementioned data will be destroyed and will no longer be relevant; guaranteed the possibility of obtaining a copy.
HOW WE MANAGE YOUR DATA FOR PROMOTIONAL AIMS
We may send you marketing communications relating to your services, products, promotions or events via e-mail, telephone and social networks.
These communications may also be customized taking into account your preferences (expressly indicated or deducted from visits to the Lowhosting.org website or based on the links you clicked on). Before starting any marketing activity and if required by applicable laws, we will ask you to give us your consent, which you can still revoke by sending an email request to firstname.lastname@example.org . Even in the event of withdrawal of consent to the receipt of marketing communications, you may still receive other types of communications (for example important notices of a technical or administrative nature).
WHO IS THE HOLDER OF PERSONAL DATA
The Data Controller carried out through the site is Lowhosting Services of Davide Gennari with registered office at Via Benetti, 9, 45019 Taglio di Pò, RO, Italy.
The appointed DPO (Data Protection Officer) can be contacted at the following address email@example.com for all information relating to the processing personal data and to provide the list of all the managers involved in the management.
WHO ARE THE RECIPIENTS OF PERSONAL DATA
The recipients of the personal data collected are:
- people, companies, professional offices that provide accounting, administrative, tax or legal consulting services for Lowhosting Services of Davide Gennari;
- subjects with whom we interact for the provision of services (for example Public Registers for the registration of domain names or Authorities that manage the WHOIS database);
- entities that provide services related to the collection of payments (eg bank transfer, credit card);
- any subjects who carry out maintenance activities on network equipment and communication networks;
- other organizations or authorities to which, for legal reasons or reasons, it is necessary to communicate your personal data;
- persons authorized by us to carry out activities necessary for the provision of services (with legal obligation of confidentiality).
The complete list of data processors can be requested by sending an email to firstname.lastname@example.org .
TRANSFER OF PERSONAL DATA
In order to be able to provide some services regulated in the contract (such as registration of international domain names), some of your data may be transferred outside the European Economic Area. In particular:
- for the domains of competence of ICANN (Internet Corporation for Assigned Names and Numbers) and on the advice of ICANN, a copy of the data supplied is also deposited with the company Iron Mountain Intellectual Property Management, Inc. as a guarantee ( both companies are based in the United States);
- for domains under the jurisdiction of the GMO Registry, data is transmitted to Tokyo - Japan (where the register is located);
- for the domains of competence of the register Uniregistry the data is transmitted to George Town Grand Cayman (where the register is located);
- for domains under the jurisdiction of the InternetX register, data is transmitted to Miami - Florida (where the register is located);
- for domains under the jurisdiction of the Neustar registry, data is transmitted to Sterling - United States (where the register is located);
- for domains covered by the Public Internet Registry (PIR) the data is transmitted to Reston - United States (where the register is located);
- for Verisign's domains the data is transmitted to Reston - United States (where the company is based);
- for Onlinenic competence domains data is transmitted in California - United States (where the company is based)
- for digital certificates issued by Digicert the data is transmitted in Utah - United States (where the company is based)
- for digital certificates issued by the company Comodo Security Solutions, Inc. the data is transmitted to Clifton - United States (where the company is based)
In the aforementioned circumstances the companies receiving the data guarantee us standards of protection, thanks to appropriate technical, organizational and legal measures.
WHICH RIGHTS YOU CAN EXERCISE
As an interested party, you will be able to exercise your rights pursuant to articles from 16 to 22 of EU Regulation 679/16:
Art. 16 - Right of rectification
You have the right to obtain from the data controller the rectification of inaccurate personal data that concerns you without undue delay. Taking into account the purposes of the processing, you have the right to obtain the integration of incomplete personal data, even providing a supplementary statement. P>
Art. 17 - Right to cancellation
You have the right to obtain from the data controller the deletion of personal data about you without undue delay and the data controller has the obligation to delete personal data without unjustified delay, if one of the following reasons exists: Center>
- personal data is no longer relevant; necessary with respect to the purposes for which they were collected or otherwise processed; 4.5.2016 EN Official Journal of the European Union L 119/43
- withdraw the consent on which the processing is based in accordance with Article 6 (1) (a) or Article 9 (2) (a) and if there is no other legal basis for processing; Li>
- You object to the processing pursuant to Article 21 (1), and there is no legitimate prevailing reason to proceed with the processing, or you object to the processing under Article 21, paragraph 2;
- personal data have been processed unlawfully;
- personal data must be deleted in order to fulfill a legal obligation under Union law or the Member State to which the data controller is subject;
- personal data was collected in relation to the offer of information society services referred to in Article 8, paragraph 1.
The data controller, if he has made personal data public and is obliged, pursuant to paragraph 1, to delete them, taking into account the available technology and the implementation costs, takes reasonable measures, including technical, to inform the data controllers who are processing processing personal data of your request to cancel any link, copy or reproduction of your personal data.
Paragraphs 1 and 2 do not apply to the extent that processing is necessary:
- for the exercise of the right to freedom of expression and information;
- for ascertaining, exercising or defending a right in court.
Art. 18 - Right to limitation of treatment
You have the right to obtain the treatment limitation from the data controller when one of the following hypotheses occurs:
- contests the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data; Li>
- the processing is unlawful and you oppose the deletion of personal data by requesting instead that its use be limited;
- bench & eacute; the data controller does not have it anymore; need for the purposes of processing, your personal data is necessary for ascertaining, exercising or defending a right in court;
- you have opposed the processing pursuant to Article 21, paragraph 1, pending verification regarding the possible prevalence of the legitimate reasons of the data controller with respect to those of the interested party. Li>
If the processing is limited pursuant to paragraph 1, such personal data shall be processed, except for storage, only with your consent or for the establishment, exercise or defense of a right in court or to protect the rights of another natural or legal person or for reasons of significant public interest of the Union or a Member State. L 119/44 EN Official Journal of the European Union 4.5.2016 3.
If you have received the processing limitation pursuant to paragraph 1, you are informed by the data controller before the limitation is revoked.
Art. 19 - Right to obtain notification from the data controller in the event of rectification or deletion of personal data or deletion of the same
The data controller informs each of the recipients to whom the personal data were sent of any adjustments or deletions or limitations of the processing carried out pursuant to Article 16, Article 17, paragraph 1, and Article 18, except where proves impossible or involves a disproportionate effort. The data controller informs you of these recipients if you request it.
Art. 20 - Right to portability
You have the right to receive in a structured format, commonly used and readable by an automatic device, the personal data concerning you provided to a data controller and you have the right to transmit such data to another data controller without hindrance from the holder of the processing which you provided if:
- the treatment is based on consent pursuant to Article 6, paragraph 1, letter a), or Article 9, paragraph 2, letter a), or on a contract pursuant to Article 6, paragraph 1, letter b); Li>
- the processing is carried out by automated means. Li>
In exercising your rights with respect to data portability pursuant to paragraph 1, you have the right to obtain direct transmission of personal data from one data controller to another, if technically feasible.
The exercise of the right referred to in paragraph 1 of this article is without prejudice to Article 17.
The right referred to in paragraph 1 must not affect the rights and freedoms of others.
Art. 21 - Opposition right
You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you pursuant to Article 6, paragraph 1, letters e) or f), including profiling on the basis of such provisions. The data controller refrains from further processing personal data unless he demonstrates the existence of legitimate cogent reasons for processing that prevail over your interests