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

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

12. Suspension of the Service

12.1

Without prejudice to the application of the Art.14 and 15 below, Esadax, at its discretion and without the exercising this right being contested as a failure or breach of Contract, reserves the right to suspend the Service, even without notice in the event that:

• a) The Customer becomes non-compliant or breaches even only one of the provisions contained in the Contract, including those contained in the Esadax Services User Policy;
• b) The Customer fails to respond, in whole or in part, to Esadax's requests or in any event, his/her conduct is such as to induce the founded and reasonable fear that the Customer may be breaching the Contract or be responsible for one or more breaches of its provisions;
• c) There is good reason to believe that the service is being used by unauthorised third parties;
• d) There are cases of force majeure or circumstances which, at the sole discretion of Esadax, impose emergency support/maintenance work to be performed or relating to the resolution of safety problems, danger to the entire network and/or persons or things; in this case, the Service will be restored when Esadax, at its discretion, has determined that the reasons which caused its suspension/termination have actually been removed or deleted;
• e) The Customer is involved, in any way, in any judicial or even non-judicial proceedings of a civil, criminal or administrative nature and in any case in which the said dispute concerns the domain name registered, its contents, email inboxes or acts and behaviours implemented via them. In this case, Esadax reserves the right to renew, at its discretion and by way of a mere courtesy and then without assuming any obligation in relation to the Customer or by Third Parties by doing so, the registration of the domain name with the competent authority for one or more years while, however, maintaining the measures previously adopted. The legitimate assignee of the domain name concerned in the dispute may obtain the availability, after having paid Esadax the price of the renewal or renewals carried out by them according to the terms above.
• f) Is required by the Judicial Authority;
• g) There are justifiable reasons of security and/or guarantee of confidentiality;
• h) If the Customer uses faulty or uncertified equipment or it features malfunctions that may cause security issues and/or vulnerabilities for the Service or that may damage the integrity of the network, disrupt the Service and/or generate risks to the physical safety of people and things.

In any case of suspension of the Service due to the Customer, any action by Esadax for compensation for damages remains without prejudice.

12.2

Esadax is committed to ensuring the best functionality of the system, but does not assume any liability in respect of either its Customers or third parties for delays, malfunctions, suspension and/or interruption in the provision of the Service due to causes not attributable to it, such as by way of example but not limited to:

• a) Unforeseeable circumstances, catastrophic events of force majeure;
• b) Act by a third party, even Esadax's supplier;
• c) Malfunction or non-compliance of connection devices the Customer is provided with or in any case of those used by them;
• d) Tampering or support/maintenance work on services or on the equipment performed by the Customer or by Third parties not authorised by Esadax;
• e) Faults and malfunctions of the machines and software, whether owned by Esadax or its suppliers.

12.3

In any case of suspension of the Service due to the Customer, any action by Esadax for compensation for damages remains without prejudice. During the suspension of the Service, for any reason, the Customer may not have access to data and/or information and/or content entered and/or processed by them by means of the Service. It is understood that in these cases, Esadax will not be liable for any loss, damage or injury suffered and/or to be suffered by the Customer and/or by Third Parties, whether directly or indirectly, foreseeable or unforeseeable events, including by way of example but not limited to, economic/financial, business, revenue and profit and/or goodwill losses; therefore, the Customer acknowledges and accepts that s/he cannot expect anything from Esadax by way of compensation, indemnity, reimbursement or similar.