TERMS AND CONDITIONS FOR THE PROVISION OF THE Esadax HOSTING SERVICE AND DOMAINS

Esadax. Terms and conditions for provision of the Esadax Hosting Service

10. Customer’s Obligations and Rights

10.1 Use of the Service

The Customer has the right to use the Service 24/7/365 in accordance with the Technical Specifications and as outlined in the Contract. In the event of a breach or default attributable to Esadax, the Customer's liability will be limited to the amount paid for the specific Service affected by the harmful event. No additional indemnity or compensation for damages will be provided.

10.2.1 Customer’s Data Accuracy

The Customer guarantees that all data and information provided to Esadax for entering into the Contract are accurate and up-to-date. The Customer agrees to notify Esadax of any changes to this data, including the email address provided in the Order Form. Esadax reserves the right to verify the data and request additional documentation as necessary. If the Customer submits false information, they will be held liable for any resulting damage, including criminal liability for false declarations.

10.2.2 Invoice Correction

If an error is found in an electronic invoice issued by Esadax, the Customer must provide the missing data or make necessary corrections according to Esadax’s specified process. Esadax is not liable for any penalties, losses, or damages resulting from delays or errors in updating invoice data, which remains the Customer’s responsibility.

10.3.1 Domain Registration Data

The Customer is required to verify the accuracy of their data in the registry of the relevant Authority within 15 days of Service activation. If the Customer does not raise any objections within this period, the data will be deemed correct.

10.3.2 Domain Name Registration Authority

The relevant Authority has the right to verify the accuracy of the Customer’s domain registration data and may suspend or cancel changes to the domain name if the Customer fails to respond to requests for confirmation.

10.4 Domain Name Registration and Privacy

The Customer acknowledges that registering a domain name involves entering personal data into a public register, except when:

• The Customer requests to hide their personal data as per the ".it" Registry or the "whois privacy" service. Esadax reserves the right to disclose this information if required to protect its rights and interests.

10.5 Third Party Data Processing

The Customer guarantees that they have provided the necessary information and obtained consent for processing third-party data when ordering or using the Service. The Customer assumes full responsibility for complying with data protection laws and releases Esadax from any liability related to third-party claims.

10.6 Customer’s Technical Knowledge

The Customer declares that they possess the necessary technical knowledge to ensure the correct use, administration, and management of the Service and understands that any use of the Service is done at their own risk and responsibility.

10.7 Confidentiality of Login Details

The Customer acknowledges that any operation performed using their login details is presumed to be carried out by them. They agree to keep their login details confidential, change them regularly (every 3 months), and notify Esadax of any unauthorized use.

10.8 Domain Name Usage Rights

The Customer acknowledges that registering a domain name does not confer any exclusive rights to use the name. The Customer is responsible for ensuring that the domain name requested does not infringe upon the rights of third parties and agrees to use the Service only for lawful purposes.

10.9 Compliance with Regulations

The Customer agrees to observe all regulations and documents provided by Esadax, including:

• Esadax's guides here.
• Policies of the Registration Authorities for their chosen domain extension (e.g., .it, .eu).
• ICANN’s UDRP and Transfer Policies.

Documents and Policies

d) The documents provided by ICANN and published at https://www.icann.org, such as by way of example only those published at https://www.icann.org/resources/pages/benefits-2013-09-16-en, and https://www.icann.org/resources/pages/registrars-0d-2012-02-25-en.

e) In the case of registering domains with the extension .bio, the .bio domain names policy is published on the website https://portal.icann.org/servlet/servlet.FileDownload?file=00P6100000FPBoLEAX.

Customer Undertakings

10.10

The Customer undertakes, now for then, to promptly check, and in any case within the terms indicated by Esadax, what is notified by Esadax in relation to the following:

• a) There are good grounds for believing that the Service is being used by unauthorised Third parties; or
• b) The Customer is involved, in any way, in proceedings in or out of court of a civil, criminal or administrative nature in which the said dispute concerns acts and behaviour implemented via the Service; or
• c) The Customer's behaviour warrants the well-founded and reasonable fear that s/he may be in breach of the contract or is responsible for one or more breaches of its provisions; or
• d) The Customer is using equipment and/or software which is faulty or not approved, or with malfunctions which may cause security problems and/or vulnerabilities of the Service, damage the integrity of the network and/or disrupt the Service and/or generate risks to the physical safety of people and things.

10.11

The Customer declares having valid software licenses that s/he has inserted and used by means of the Service and bears the associated costs.

10.12

The Customer must have, at his/her own expense and under his/her own responsibility, all the equipment (by way of example but not limited to, telephone, data sending, processing and programs) appropriate and necessary to access and use the Service. Esadax does not offer any guarantees regarding the compatibility of the equipment and programs (hardware and software), or the applications used by the Customer with the Service, even if made available by Esadax, as all the relevant checks are at the sole expense of the Customer.

10.13

As regards proof of all the operations carried out by the Control Panel, the Customer acknowledges and accepts, for themselves and for the third parties which it has allowed to use the Service, for any reason, that only authentic Esadax LOGS kept in accordance with the law, as indicated in Esadax Privacy Policy, will be deemed valid. The Customer is solely and exclusively responsible for any other operation performed by him/her or by third parties or directly by them, in the use, management and administration of the Service; accordingly, with regard to these operations s/he undertakes to:

• a) Comply or to make third parties comply with the legislation in force from time to time applicable to them, including the data protection law (Regulation (EU) 2016/679);
• b) To defend, indemnify and hold Esadax harmless from any direct or indirect request or claim for damages, of any nature and type, from anyone who instigates proceedings in this regard.

10.14

The Customer as of now, in accordance with art. 1407 of the Italian Civil Code, consents to Esadax being able to assign the Contract to Third Parties and/or transfer, in whole or in part, its rights and/or obligations arising from the Contract to Third Parties.

10.15

The Customer acknowledges that the internet cannot be controlled by Esadax and that due to the unusual structure of the network itself, it is not possible to guarantee its performance and its functionality or check the contents of the information transmitted through it. For this reason, no responsibility can be attributed to Esadax for the sending or receiving of illegal information of any nature and type.

10.16

Without prejudice to the provisions in art. 16.2 below, in the case of free and/or purchased services provided by third-party suppliers also through Esadax or as part of the Service provided by the latter, the Customer, now for then:

• a) Accepts the relevant terms and conditions for the provision and undertakes to make use of said services in accordance with the procedures and conditions indicated by said suppliers and made available on Esadax's website and/or on any other website that the latter may refer to.
• b) Acknowledges and agrees that Esadax remains uninvolved in the provision of said services and in the relationship between the Customer and the third-party service provider, said relationship being governed exclusively by the relevant contractual conditions adopted completely independently of it, with the Customer assuming all obligations and responsibilities associated with them and holding Esadax itself harmless against any dispute, claim or demand, also brought by third parties, judicially or extrajudicially, in relation to said services, also with respect to, and including but not limited to, any malfunctions of said services, their failure to meet the Customer's requirements, and/or any consequences for the Customer and/or to the Services that may result from the use and/or installation of said services and/or from updating them.

10.17

The Customer assumes, in an exclusive way, all liability that derives from the ownership, use, management and content of the domain and undertakes, now for then, to indemnify and hold harmless Esadax from any and all requests and/or claims by a third party for damage caused by or through the use of the Service. The Customer shall bear all the costs, damages and charges, including any legal costs, which could result from these liability actions and undertakes to inform Esadax if such action were to be instigated in their respect.

10.18

Notwithstanding the above, any Customer with a .gTLD domain now for then authorizes OpenSRS/Tucows, ICANN's accredited Registrar, to validate and approve, in the Customer's interests, the relevant request to change the registrant, appointing OpenSRS/Tucows as "Designated Agent", pursuant to and for the purposes of the ICANN "Transfer Policy", available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en referred to in art. 10.9 letter d) above.