Service Order

for the Dedicated Service Server of Nominalia.

This Service Order (SO) forms an integral and substantive part of the General Services Conditions (GSC). The GSC and this SO establishes the terms and conditions for the supply of the Dedicated Hosting Server by Nominalia to the Customer.
The terms commencing with a capital letter, used in this SO shall have the same meaning attributed to them in the GSC. The commercial offer published online on the website Nominalia forms an integral part of these conditions.

1 - Definitions
Administration: Any and all management operation on the Server. These operations include, but are not limited to, storage, transmission, update, distribution and configuration of data and/or applications etc.
Datacenter: facility where the machines rented to the Customers under this agreement are housed together with other electronic equipment. The machines are connected to the Internet and supplied with electricity.
Hardware: the machine (or machines) rented to the customer;
KVM Access: (“Keyboard, Video Monitor, Mouse”) means the remote access that allows the Customer to control his/her machine from another computer.
Software: operating system (Linux or Windows) and additional software installed on the machine, depending on the offer purchased.
Netiquette: a set of rules of conduct that, while not imposed by the government of any State, must be complied with when using the Internet, since they are shared by a large number of Internet users.
Remote operations: any and all operations carried out from a workstation other than the systems console. Typically access to the server is through an Internet connection.
Control Panel: Private online area reserved to the Customer, accessible only after identification with login and password, allowing the Customer to manage the server.

2 - Description of the Dedicated Server Service
The Dedicated Server Service consists in the supply by Nominalia to the Customer of a service comprising:
- Hardware rental;
- Housing service;
- Initial installation of the Operating System;
- Initial installation of additional software depending on the offer;
- Connection of the machine to the network;
- Internet bandwidth

Nominalia’s servers are rented to the customer. The servers are located at the Nominalia’s datacenter in Europe, and are linked to the telecommunications network.
The Dedicated Server Service is offered through various formulae, each featuring specific technical characteristics as updated and published on the Nominalia website, together with the applicable economic terms.
Nominalia informs the Customer that it is not possible to enable both the Linux and Windows operating systems on the same server at the same time.
The choice of the type of operating system (for instance, Linux or Windows) and type of server lies solely with the Customer who is fully responsible for the choice made. At the Customer’s request to be forwarded through a procedure indicated on the Control Panel, Nominalia may re-set the basic system installed on the machine during the period of validity of this Service Order, charging the related costs to the Customer. Upon resetting a new operating system, all the data stored on the machine at the time of the request will be lost. As a result, Nominalia strongly recommends that customers make a full backup copy of all such data, under their own responsibility, before requesting a change of their operating system.

3 - Conditions for the Dedicated Server Service
HOUSING: The housing services consist in the custody of the hardware rented to the Customer, in Nominalia’s datacenter in Europe. In any event, Nominalia reserves the right to transfer the equipment to another datacenter that Nominalia may deem fit, by giving written notice thereof, to the Customer. The service features and operating procedures for use by the Customer are as indicated in the offer.
The Customer may use the software solely through remote access. Nominalia shall provide the Customer with the passwords for administrator level access, with regard to which Nominalia guarantees the Customer the greatest possible secrecy. However, the Customer is bound to change the assigned passwords upon initial access and conserve the same with the greatest confidentiality; accordingly, the Customer shall be fully responsible for any and all damage occasioned by the use of the aforesaid passwords by the third parties who become aware of the same as a result of the Customer’s negligence. The Customer accepts and recognizes that he/she will never be allowed access to the datacenter.
HARDWARE: The Hardware rented to the Customer is covered by technical assistance provided by the manufacturers thereof, in accordance with the conditions and procedures established by the manufacturers in question. No further technical assistance shall be due from Nominalia. No hardware intervention may be carried out on the assigned machine.

The Hardware is not covered by insurance with regard to any and all the consequences of machine breakdown, such as, by way of example, the loss of data or infection by computer viruses. Accordingly, in all cases, the Customer shall be responsible to insure, at the Customer’s own expense, the software and/or contents stored on the Hardware. In the case of machine breakdown, Nominalia shall be bound to undertake repairs and replacements solely up to the limits indicated in the warranties provided to Nominalia by the Hardware manufacturer. Customers interested in covering the risks arising from Hardware malfunction and/or breakdown, must independently stipulate specific insurance contracts in such regard, at their own cost and expense. The Customer shall be bound, under the Customer’s own responsibility, to refrain from transferring the Hardware rental to third parties for any reason or cause whatsoever, and to respect and ensure that any and all third parties respect Nominalia’s rights on the Hardware. Subletting the Hardware rented by Nominalia to the Customer, is furthermore expressly prohibited.
The Customer may, at any time, purchase a different or another Dedicated Server service offer using the Control Panel. In such case, a new server will have to be ordered by the Customer and the corresponding new service contract will be applicable to the new server. The Customer is hereby informed that upon subscribing to another server offer, a new machine will be assigned to him/her and that there is no replacement or transfer procedure between the servers. Consequently, the Customer hereby (i) commits to make a backup copy of all the contents of his/her current machine before requesting the deactivation of the current server and (ii) accepts to set up and reconfigure entirely the data on the new server. Nominalia will not be liable in any way in that respect.
SOFTWARE: The software installed on the servers is provided by leading software makers and can be used in different ways according to customer needs. Accordingly, Nominalia informs and the customer takes note that the consideration for the service varies according to the different ways in which the software is used according to the customer’s own choices. The detailed list of different possibilities of use are indicated in the offer.
INTERNET BANDWIDTH: Nominalia undertakes to supply Internet connectivity. The bandwidth provided shall be as indicated in the offer. Nominalia shall constantly monitor the bandwidth in fact used by the Customer. In any event, Nominalia reserves the right to limit the bandwidth to the extent indicated in the offer, in which case Nominalia may not be held responsible for service breakdowns arising from the Customer’s breach of the bandwidth threshold.
TRAFFIC RESTRICTIONS: The Dedicated Server Service implies a limit on traffic as established in the offer. In the case where the Customer refuses to comply with the aforesaid provisions or where the aforesaid limit is exceeded, Nominalia reserves the right to withdraw from this agreement, without owing any amount whatsoever to the Customer in such regard. The Customer remains solely responsible for any of the direct and indirect consequences of such withdrawal.
SUPPORT: Nominalia will provide support only for requests linked to Nominalia’s scope of responsibility as established under the present SO. The Customer will have to send a detailed ticket via his/her Control Panel. Support will be provided by Nominalia only during normal working days, Monday to Friday, from 9am to 5pm, on a best effort basis.
KVM ACCESS: The Customer will be provided six units of ten minutes of KVM access to his/her machine. The Customer will have to request such access during working days and between 9am and 4pm. Such access shall be granted by Nominalia as quickly as possible after the request has been received.
IP ADDRESS: An IP address will be associated to the server. The Customer accepts and recognizes that Nominalia reserves the right to modify, following prior notice, the IP address allocated to the Customer. The Customer accepts and recognizes that he/she will have to update the IP address where needed accordingly.

4 - Customer’s Obligations
RULES FOR USE: The Customer undertakes to use the Service in accordance with article 8 of the GSC and the provisions of this SO as well as any and all other applicable rules and regulations. Nominalia shall not exercise any control or oversight over the content of the server managed by the Customer.
For the entire term and duration of this SO, the Hardware shall be housed at Nominalia’s datacenter and the Customer shall be bound, under the Customer’s own responsibility and at the Customer’s own expense:
- to use the Hardware in accordance with any and all statutory provisions and other regulations, including local provisions, governing the operation and use of the Hardware;
- to use the Hardware only for legal and lawful purposes;
- to comply with any and all instructions that may be imparted by Nominalia with regard to the appropriate and proper use of the Hardware.
ADMINISTRATION: The Client hereby declares he/she knows the nature of the Internet and the unmanaged dedicated hosting; in particular, the Client accepts and recognises that Nominalia does not manage the Server. The Client hereby declares he/she has the required material, software, skills, resources etc. to manage and maintain the Server. The Client guarantees he/she will use the Service in compliance with the particular configuration and technical restrictions.
BY SUBSCRIBING TO A DEDICATED SERVER, THE CUSTOMER ACKNOWLEDGES THAT HE/SHE BECOMES THE ADMINISTRATOR OF THE SERVER AND THAT HE/SHE IS THEREFORE EXCLUSIVELY AND SOLELY RESPONSIBLE FOR THE SERVER.
The Customer is informed that Nominalia does not provide any firewall or security services with the Server. The Customer must therefore take all necessary measures to secure the Server against any kind of hack, intrusion, intrusion attempts, attack etc. The Customer is informed that Nominalia does not manage data and/or administrate the Server on the Customer’s behalf in anyway. Besides, the Customer remains solely responsible for all the costs related to the Administration and management of the Server.
ACTIVATION: The Customer accepts and recognizes that the server will only be activated once he/she will have provided Nominalia with the hostname to which the IP address of the server will be associated. Until then, the Customer accepts that the server will not be activated. The Customer is therefore entirely responsible for providing Nominalia the proper and correct hostname of his choice immediately after the payment of the server and following the modalities and procedures indicated by Nominalia. The Customer accepts and recognizes that Nominalia will not verify or control the hostnames provided and will not accept any responsibility whatsoever in that respect.
DATA: The Customer accepts and acknowledges that the Customer shall be fully and solely liable and responsible for any and all activities undertaken through the Services, that may be directly or indirectly referable to the Customer, and in particular, the contents and notices inserted, published, disseminated and transmitted on or through the Services. In no event may Nominalia be held in any way liable or responsible for any criminal, civil or administrative misconduct committed by the Customer through the Service. The Customer undertakes to defend, indemnify and hold Nominalia harmless from and against any and all legal action, claims, costs or expenses, including reasonable legal fees, arising to Nominalia as a result of the Customer’s failure to comply with the obligations assumed and warranties provided through the acceptance of this agreement, and in any event, otherwise connected with or related to the Customer’s use of the Services. The Customer furthermore undertakes to comply with the rules of Netiquette published on the website http://www.nic.it/NA/netiquette.txt. In particular, the Customer warrants that the Customer shall refrain from engaging, directly and/or indirectly, in spamming, that is to say, the sending, via e-mail, of messages that are not authorised, solicited and/or requested by the addressees thereof. Nominalia points out that besides being prohibited under the rules of Netiquette mentioned above, spamming is also illegal under the provisions of Legislative Decree no. 196/2003 pertaining to the protection of privacy.
In the case of the purchase, by the Customer (or for the intents and purposes of this article, the Reseller) of the service in question on behalf of third parties (final users), the Reseller shall be liable jointly and severally with the final user. Nominalia reserves the right to immediately suspend the Service in the case where, at its sole discretion or through complaints received from third parties, Nominalia finds that the Customer engages in activities that breach the obligations arising under the provisions of this article. In such case, the Customer, following notice, even via e-mail, from Nominalia, shall immediately eliminate the causes of the complaint or provide suitable documents proving that the Customer’s activities fully comply with all applicable rules and regulations. In the case where the Customer fails to reply to Nominalia’s notice, Nominalia reserves the right to immediately terminate this agreement without prejudice to its right to the full payment of any and all consideration due hereunder, as well as its right to claim further damages by way of compensation for any and all harm or losses Nominalia may sustain in such regard.
The Client is informed that Nominalia does not do any backup of data installed on the Server. Consequently, the Client shall do these backups, by the means of his/her choice on external storage devices and under his/her exclusive responsibility.
REBOOT: The Customer will be able to request the reboot of the server via the control panel. The Customer accepts and recognizes that such reboot will be completed as quickly as possible after the request has been received. The Customer is informed that, as for any reboot of computer, data can be damaged and might not be recovered properly after reboot. The Customer shall take all necessary measures to avoid such damage and remains solely responsible in that respect.
REINSTALLATION: The Customer will be able to reinstall the server, during the period of validity of the Service, via the Control Panel. Such reinstallation will be completed as quickly as possible after the request has been received. The Customer formally accepts and recognizes that upon reinstalling the server, all the data stored on the machine at the time of the request will be permanently lost. As a result, Nominalia strongly recommends Customers to make a full backup copy of all such data, under their own responsibility, before requesting the reinstallation of the server. The Customer hereby accepts that Nominalia does not have any backup of such data.
LOGS: The Client is informed that Nominalia does not save any connection data to the Server, such as, but not limited to, data containing the IP addresses that connected to the Server. The Client therefore certifies to constantly take all measures to save the logs for the duration prescribed by the applicable laws and regulations, even after the termination of the present SO or any other agreement between the Customer and Nominalia. The Customer will have to take all measures to limit damages or loss of files, memory, documents or any other element of the Server, specifically the logs. In this respect, the Client commits to duplicate all these files, documents and storage devices and secure them at all times. The Customer accepts and recognises that he/she will be responsible for providing the logs to the Authorities (Police, Justice etc.) upon request and he/she will be legally liable in that respect.
COMPLAINTS: The Client shall be bound to notify any anomalies in the service by registered letter with acknowledgement of receipt, to be sent within 48 hours following the emergence of the anomaly in question. Failure to send the aforesaid notice as indicated above, shall exempt Nominalia from any and all liability.
DEVICES: Nominalia does not provide the Customer title in any device whatsoever. Additionally, the Customer hereby accepts that he/she will never physically access the machine.

5 - Nominalia’s Liability:
Nominalia undertakes to use the best technology of which it is aware and the best resources available to it to provide the Services covered under this agreement. Nominalia warrants the proper functioning of the network equipment for Internet connectivity.
Accordingly, Nominalia may not be held liable for damages in respect of prejudice and/or anomalies arising during the supply of the Services, that are not directly imputable to Nominalia and/or that fall outside the latter’s technical control, such as, but not limited to, (i) breakdowns on the telephonic and/or electronic networks (ii) breakdowns due to faults in equipment necessary to access the Service (iii) improper use of the equipment and/or procedures by the Customer or third parties to access the Server, etc.
The Services shall be available on a best effort basis, save for the suspensions required to carry out maintenance operations. Nominalia shall not liable for any interruptions in service whatsoever, and undertakes to remedy the same as soon as possible.
Nominalia may, at any time, interrupt the service for documented reasons of data security and/or confidentiality, giving the Customer motivated notice thereof. Nominalia may, at its sole discretion and for scheduled operations, change or revise for technical reasons, the functionality or characteristics of the Services, giving the Customer at least 5 days advance notice thereof, and in any event, ensuring adequate service functionality.
Nominalia may not in any case be held liable for Service breakdowns arising from events falling outside Nominalia’s reasonable control, such as, for instance: (i) unforeseeable circumstances; (ii) events caused by third parties, such as, by way of example, suspensions or breakdowns of telecommunications and/or electric power supply services or acts or omissions of the competent Registration Authority; (iii) breakdowns of the terminals or other communications systems used by the Customer.
Nominalia shall also be exempt from any and all liability in the case of the destruction, loss, theft, damage or deterioration, even only in part, of the Hardware, for any reason or cause that does not entail gross negligence on Nominalia’s part.
In any event, any liability arising to Nominalia towards the Customer by reason of prejudice deriving from this agreement, may not exceed the overall amount in fact paid by the Customer to Nominalia in the six month period immediately prior to the occurrence of the event giving rise to the said prejudice.

6 - Term
As decided by the Customer during the purchase procedure or afterwards, from his Control Panel, this SO may expire a) with or b) without tacit renewal.
a) In the case of expiration with tacit renewal and credit card payment, the consideration set forth in the following article "Consideration and Payments" will be billed directly by Nominalia to the Customer's credit card, in accordance with the terms and conditions in effect at the time of renewal, as illustrated on the Control Panel following notification via e-mail. If Nominalia cannot bill this charge, the agreement cannot be tacitly renewed and will be considered definitively expired at the envisaged expiration date. In this case, the Customer may renew the service by following the procedure described hereunder at. In the case of expiration with tacit renewal and payment with a system other than credit card, 20 days before the expiration date Nominalia will execute the renewal and send the invoice to the Customer. This invoice must be paid in accordance with the terms set forth therein. The invoice and payment instructions will be sent via surface mail to the address recorded in Nominalia files at the time of the order. If the Customer does not make payment by the envisaged deadline, Nominalia may interrupt the service at any time, except as envisaged in Article 6 of the General Conditions of Service.
b) In the event of expiration without tacit renewal, the Customer may request that Nominalia, through the online procedure provided by Nominalia, to renew the service with this SO for additional, subsequent periods by the deadlines appearing on the Customer's Control Panel and at the technical and economic conditions in effect when the service is renewed, executing the renewal procedure. If it is not renewed in the forms and by the deadlines indicated above, when this SO expires, it will lawfully cease to have any effect, without it being necessary for Nominalia to send any further notices.
In order to avoid discontinuation of service and/or loss of data, the Customer will have to renew the server at least 7 days before the expiry date. If renewal is paid by bank transfer, the Customer will have to provide Nominalia with evidence of the payment before the expiry date of the server. The Customer hereby accepts that in case of late renewal, the server might not be available anymore and that the data might be deleted; the Customer exempts and relieves Nominalia from any liability in that respect.
In all cases of termination of the effects of the agreement and/or if the Conditions of Service set forth hereinabove do not exist, not only the functions described in the offer but also all data and material entered by the Customer and stored on the Nominalia servers will be deleted without Nominalia having any liability for maintaining and/or saving them. Therefore, the Customer will bear the burden of saving the data on other media before the expiration date if he does not wish to renew the service.

7 - Consideration and Payments
Consideration, including the setup fee, for the requested Service shall be as indicated in the Offer.
The contract for the supply of the Service shall be deemed to be exchanged and executed upon payment of the consideration for the Service, in keeping with the procedures indicated in the offer.
The price for renewal shall be listed price applied by Nominalia at the time of the Customer’s request for renewal, and indicated in the Control Panel menu. The amount due for the Dedicated Server Service must be paid by credit card or using the other payment systems available on the Nominalia website at the time of payment, after filling in the payment form during the registration procedure.