This Service Order ("SO") forms an integral and substantive part of the published General Terms and Conditions of service of Swizzonic Ltd. (https://swizzonic.ch/en/terms-and-conditions/) ("GTC"). The GTC and this SO set out the terms and conditions for the provision of Web Hosting & Email services by Swizzonic to the customer. Capitalised terms used in this SO have the same meaning as defined in the GTC. The commercial offer of the product bundle SWIZZfree Hosting, SWIZZbudget Hosting, SWIZZbusiness Hosting and SWIZZpremium Hosting which is based on cPanel Hosting & Email services published online on Swizzonic's website (https://www.swizzonic.ch) ("Offer") forms an integral part of these conditions. 1 - Description of the Service The service is activated by the customer following the purchase by clicking on the relevant button in the control panel and consists in the provision by Swizzonic to the customer of a storage space on the hard disk of its own server, dedicated to the sharing of web content via http and/or https protocols and the maintenance of its email. The technical specifications and details of the service can be viewed on Swizzonic's website. Swizzonic does not provide any physical equipment directly to the customer. The Swizzonic servers on which the service is provided are located on the Swizzonic server farm in Zurich (CH). The service is offered in the form of various solutions, each of which is defined by specific technical characteristics. The possible solutions are published up to date on the Swizzonic website, indicating the technical differences and the corresponding economic offer. Swizzonic reserves the right to formulate promotional offers during the course of the contract, which will be highlighted and advertised on the website, in which case the conditions and terms set out therein must be observed, particularly with regard to compliance with storage space and traffic limits.
2 - Conditions of use of the Service The client undertakes to use the service in compliance with the GTC, with this SO and with any applicable rule, including regulatory ones.
2.1 - Association with a Domain Name The service is provided by Swizzonic in association with domain names that at the time of activation of the service: are with Swizzonic as sponsoring Registrar; are managed in the same control panel where the service is activated and use Swizzonic DNS; are with Swizzonic as sponsoring Registrar and owner; made available by Swizzonic for the customer free of charge, to test the service even without a registered domain name; are maintained by third party providers that do not use Swizzonic DNS.
2.1.1 - Service on Domain Names maintained by Swizzonic In the case of domain names maintained by Swizzonic as sponsoring Registrar, the customer agrees that if during the term of this contract the customer does not renew or transfer the relevant domain name to another third party provider or decides to change the DNS associated with the domain name from Swizzonic's DNS to those of third party providers, depending on the product purchased, the service may be terminated and all data on the space which were made available with the service may be deleted without any responsibility on the part of Swizzonic for maintaining and/or saving the same. It will therefore be the customer's responsibility to save the data on a different medium before transferring, not renewing the domain name or changing DNS to a third party provider.
2.1.2 - Service on domain names maintained by third party providers In the case of domain names maintained by third party providers and therefore not maintained by Swizzonic, the customer shall associate the service purchased with the domain name of which it is the holder at a third party provider. It will then be the responsibility of the customer to implement and verify the appropriate configurations for proper targeting of the domain to the Hosting & Email services managed by Swizzonic. The customer may also, at any time, transfer the domain name to Swizzonic, which will therefore become the sponsoring Registrar. This operation must necessarily be carried out by the customer from the control panel where the service associated with that domain name is managed. If, on the contrary, the transfer request is made from a control panel other than the one where the service is managed, the transfer order will be regularly processed by Swizzonic. If the transfer is approved, the service activated in a different control panel and associated with that domain name will no longer be available and will therefore be deactivated without notice. The data entered up to that point will be automatically deleted, releasing Swizzonic from any liability in this respect, without prejudice to Swizzonic's right to payment of the full fee paid for the service.
2.2 - Use of resources related to the Service All data and content of the web space and databases provided through the service are and remain the exclusive property of the customer. The customer, consequently, assumes any and all responsibility for such data and their content. Any operation carried out on the web space or databases associated with the service is the exclusive responsibility of the client. In the case of purchase on behalf of a third party, the customer shall be responsible for the data entered into the web space granted through the service on behalf of the third party. Swizzonic reserves the right to immediately suspend the service if, in its sole discretion or following a report from a third party, it considers, on the basis of the elements acquired or that can be acquired through the contents entered by the customer in the web space or databases, that activities are being carried out that are in breach of the law, mandatory regulations, morality, this SO and/or the GTC. In this case, following a report by Swizzonic, the customer is obliged to eliminate the causes of the complaint or submit suitable documentation proving full compliance with the regulations in force of the activity carried out by him. If the service is purchased on behalf of a third party, Swizzonic reserves the right to contact the third party user directly. In the event of failure to respond immediately, Swizzonic shall be entitled to terminate the provision of the service from which the illegal and/or unauthorized activity arose, without prejudice to the right to full payment of the fee and the right of Swizzonic to take action for full compensation for any damages suffered.
2.2.1 - Disk space and content The disk space limit specified in the offer published online on the Swizzonic website may not be exceeded by the customer. If the customer reaches this limit, Swizzonic will suspend those properties of the service that contribute to the further growth of the data contained therein, e.g. writing to databases, receiving emails, incoming transfer via FTP until the customer resizes the space occupied within the contractually specified limits or proceeds to purchase a superior solution of the service with consequent adjustment of the technical platform. In the absence of such adaptation Swizzonic cannot be held responsible for website malfunctions. In order to ensure the stability of the platform and prevent the platform disk from filling up uncontrollably, Swizzonic may discretionally set a temporary limit (50GB) to the customer's disk space at the time of activation. In the event that the customer needs to use more space, they can request it before the limit is reached in order to avoid incurring the impossibility of adding new files, free of charge through technical support, which will extend the available space as soon as possible. The disk space associated with the service must be used only for saving content that can be used through the website linked to the service and/or for files/libraries directly used by the web pages and/or for receiving and sending emails. Not considered valid for the purposes of this SO the use of space for the purpose of backup, file sharing via http/https/ftp or any other form of saving data not provided through the website associated with the service with appropriate links http or https. The following will not be considered to be compliant with this SO, by way of example but not limited to:
- automatic generation and archive of webcam images;
- archives of videos or photos not published through appropriate photo/video gallery software ;
- backups of your own computer content;
- backups of your own website or other content;
- backups of your own databases (excluding those made by Swizzonic);
- the use of CMS plugins (WordPress, Joomla, etc.) that automatically save a backup locally;
- backups of backups. It is not allowed the transfer in upload or download of files with dimensions equal to or greater than 100MB.
Therefore, the transfer in upload or download of files equal to or greater than said dimensions could be prevented at a technical level. Other examples of material that is not allowed on the disk space associated with the service:
- Pedo-pornographic material;
- Audio/Video Streaming;
- Proxy scripts/Anonymizers;
- Pirated software/warez;
- Pages containing links to pirated material/warez;
- Pages exclusively containing lists of files for download;
- IP Scanners;
- Bruteforce scripts;
- Mail-bombing/Spam scripts;
- File dumps or Mirror scripts;
- Sites promoting illegal activities;
- Fraudulent/phishing sites;
- Scripts for sending uncontrolled email;
- Blogs or forums where it is possible to publish comments without any moderation and/or without any verification that the person who publishes a comment is really a person and not a script (such as CAPTCHA);
- Material covered by copyright for which the customer does not have the right to publish
- Executable files (e.g. .EXE);
- Image files of archives (e.g. ISO). If the customer breaches these obligations, Swizzonic reserves the right to terminate the service and the contract due to the customer's fault. The customer shall be obliged to comply with any technical instructions that Swizzonic may provide in the event that the customer has incorrectly entered programs or applications into its space. In the event that the customer does not want to comply with the aforementioned instructions or the aforementioned space limit is exceeded, Swizzonic reserves the right to terminate this contract, without owing any financial obligations to the customer. The files, software and contents of the customer's space are the responsibility of the customer. If these, by their own will, due to lack of updating or errors in writing code, affect the vulnerability of the system such as to allow access by intruders and/or are exploited by the customer or third parties, authorized or unauthorized by the customer, to indirectly damage the services provided by the platform, Swizzonic may intervene and suspend the service until the customer restores normal security conditions. The security of access and users is the responsibility of the customer. The customer undertakes to maintain in the utmost secrecy and security accesses such as FTP users, MySQL or other database, authentication to CMS, webmail etc. operating the best practices that guarantee such security such as the choice of sufficiently complex passwords, the use of the password suggestion tool, the regular change of such passwords, the change of such passwords in case of suspected, alleged or verified compromise, the updating of the code of software and CMS installed, the verification of the security of templates, plugins and software before their installation in the disk space of the Hosting & Email service. Swizzonic is not responsible for loss of data or compromise, misuse, damage due to the insufficient level of security applied by the customer. The servers hosting the customers' Hosting & Email spaces are located at the datacenter in Zurich, CH. Swizzonic is responsible for synchronising the server clocks and monitoring the same; the customer is thus guaranteed the uniformity of the times recorded in each operation and log. The customer may not request any changes to this synchronization or change of time zones.
2.2.2 - Database Space The database space limit specified in the offer published online on the Swizzonic website refers to the size of the individual database and cannot be exceeded by the customer. If this limit is exceeded, Swizzonic will proceed to block access to that database from the platform providing the service until the customer either resizes the space occupied within the contractually specified limits or proceeds to purchase a superior solution of the service with consequent adaptation of the technical platform. In the absence of such adjustment Swizzonic cannot be held liable for website malfunctions resulting from the blocking of access to the database that has exceeded the maximum size allowed.
2.2.3 - http, https, ftp and email traffic The service has a traffic limit defined in the offer. The traffic limit shown on the product sheet is intended as the sum of the traffic of the http, https, ftp and email services. Please also note that in case of upgrade or downgrade with purchase of a different solution of the service, the traffic limit will be the one provided in the different solution purchased and not a sum of the two solutions. If the customer exceeds this limit, Swizzonic will suspend the service until the first day of the following month or until the customer purchases a service solution with a higher traffic limit. In the absence of such adjustment Swizzonic shall not be liable for site malfunctions. Any traffic unused in the previous month shall not be added to the traffic available for the following month. The customer acknowledges that http/https/ftp/email traffic is strictly functional to the provision of the website and ancillary files, or the sending/receiving of emails. Swizzonic reserves the right to suspend the service in the event that http/https/ftp/email traffic is used for the delivery of content described as invalid for the purposes of this SO in the paragraph "Disk space and content". The customer is aware that Swizzonic uses automatic systems capable of identifying malicious accesses, brute force and compromise of single files and/or entire Hosting & Email spaces; in case of successful or attempted compromise, regardless of whether the customer is aware of it or not, Swizzonic reserves the right to activate automatic protection processes such as:
- blocking of authentications with a particular user;
- blocking of the IP address from which the traffic originates;
- blocking of the domain from which the traffic originates;
- blocking of http access to one or more compromised files;
- removal of files or directories that may compromise the status and/or security of the service;
- suspension of the account;
- deletion of the account.
2.2.4 - Server and platform resources For the purposes of the provision of its website, by way of non-exhaustive example, and unless otherwise specified in the commercial offer, the customer will not be allowed to: - exceed
20% of the total resources of a server (CPU, RAM) for more than 60 seconds; - exceed the number of 100,000 files or directories (inodes) within the space made available with the service; - exceed the number of 5,000 files (inodes) within the same directory; - exceed the number of 1,000 tables within the same database; - send more than 2,000 emails on the same day; – execute stand-alone scripts, executed in daemon mode, which are not directly related to the provision of a web page (except for the 'cron' feature provided with the service); - execute database queries that last more than 15 seconds. Even in such situations Swizzonic reserves the right to suspend the provision of the service and possibly withdraw from this contract, without owing anything in economic terms to the customer, except always the compensation for further damages.
2.2.5 - Platform Migrations The customer acknowledges and accepts that in the normal course of business Swizzonic may need to migrate the customer's service to a new platform with similar characteristics. The migration process may generate a down of the service in relation to the volume of disk space occupied by the customer on the platform. In relation to the duration of the downtime and the predictability of the same, Swizzonic will give reasonable notice of the planned migration actions. Further conditions of use of the email service In order for Swizzonic to provide the customer with the email service, all of the following conditions must be met: - the customer must be the holder of a domain name maintained by Swizzonic or another Registrar; - the customer must be correctly configured on the Registrar's authoritative DNS; - the customer must have configured MX, POP and SMTP records using the standard Swizzonic mail server parameters. The customer acknowledges that the failure of even one of the above conditions will make it impossible for Swizzonic to provide the email service. The customer is therefore informed that if, during the term of this SO, (a) the domain name is not renewed, (b) the domain name is transferred to another provider without carrying out the appropriate configurations, and/or (c) configuration changes of the MX, POP or SMTP record are done, the provision of the email service will become technically impossible for Swizzonic. In such cases, Swizzonic may suspend or terminate the email service immediately and without notice, without prejudice to the right to full payment of the fee and without prejudice to compensation for any damages incurred.
2.3 - Additional services Swizzonic offers certain additional services free of charge with certain service plans, listed below.
2.3.1 - Softaculous/AppManager In order to enable the customer to quickly install the most popular free scripts to quickly create their own website without knowing any web programming languages, Swizzonic provides the customer with the Softaculous software owned by Softaculous Inc. available in certain service plans under the name AppManager and installed on Swizzonic's servers. The customer acknowledges that the Softaculous software is offered "as is", without any warranty, either express or implied of operation, exempting Swizzonic from any liability in case of malfunction or loss of data caused by problems with the software itself.
2.3.2 - AWStats Also for the management of web statistics, Swizzonic provides the customer with the AWStats software available in some service plans, installed on Swizzonic's servers, which allows the customer, via a web panel, to monitor the access statistics to their website. The customer acknowledges that the AWstats software is offered "as is", without any warranty, either express or implied of operation, releasing Swizzonic from any liability in case of malfunction or loss of data caused by problems of the software itself.
2.3.3 - phpMyAdmin In order to enable the customer to manage its MySQL databases, Swizzonic provides the customer with the phpMyAdmin software available on certain service plans, installed on Swizzonic's servers. The customer acknowledges that the phpMyAdmin software is offered "as is", without any warranty of any kind, either express or implied, and Swizzonic shall not be liable for any malfunction or loss of data caused by problems with the software itself.
2.3.4 - cPanel In order to enable the customer to manage the functionality related to its Hosting & Email product, Swizzonic provides the customer with cPanel software owned by cPanel, Inc. (http://cpanel.net/), installed on Swizzonic's servers. The customer acknowledges that the cPanel software is offered "as is", without any warranty, either express or implied of operation, releasing Swizzonic from any liability in case of malfunction or loss of data caused by problems with the software itself. Access to cPanel is via single sign on from the relevant sections of the customer's control panel. Single sign-on is performed by calling the cPanel API, on a channel encrypted in SHA-256 with DV certificate. The customer can also authenticate directly in cPanel from port
2083 of the server on which the Hosting & Email service resides with username and password. The password is not provided in the first instance but the customer can obtain it by following the password recovery procedure using their username and double verification by sending a code to the customer's email.
2.3.5 - WHM In order to enable customer to manage the functionality related to its Hosting & Email Reseller product, Swizzonic makes available to customer the WHM software owned by cPanel, Inc. (http://cpanel.net/), available in certain service plans, installed on Swizzonic's servers. The customer acknowledges that the WHM software is offered "as is", without any warranty, either express or implied of operation, releasing Swizzonic from any liability in case of malfunction or loss of data caused by problems with the software itself.
2.3.6 - Backup and recovery using JetBackup Swizzonic provides a backup service carried out on a separate server from the server providing the Hosting & Email service. The backup is carried out daily for 7 consecutive days, during night time. The backup is carried out by Swizzonic to ensure disaster recovery and is also made available to the customer for the recovery of their data. Swizzonic undertakes to perform, maintain and manage the backup with the best possible expertise; the customer releases Swizzonic from any liability in case of data loss during the backup recovery phase. In order to enable the customer to manage backups of its cPanel account, Swizzonic provides the customer with JetBackup software owned by JetApps (https://www.jetbackup.com/), available on certain service plans, installed on Swizzonic's servers. The customer acknowledges that the JetBackup software is offered on an "as is" basis, without any warranty, either express or implied of operation, releasing Swizzonic from any liability in the event of malfunction or loss of data caused by problems with the software itself.
2.3.7 - Free SSL Certificate associated with the Hosting & Email Service If the Hosting & Email service includes the presence of a free SSL Certificate, its use must cease with the termination of the Hosting & Email service to which the SSL Certificate is associated. The client acknowledges that the certificate can only be associated with the Hosting & Email package initially purchased and cannot be exported or used on another service. In the event of renewal of the Hosting & Email service including a free SSL Certificate, Swizzonic reserves the right to provide the customer with an SSL Certificate issued by a different Certification Authority or an SSL Certificate that has partially different characteristics from the one initially provided. Swizzonic also reserves the right to modify the procedures for issuing and renewing an SSL Certificate, in order to ensure the correct provision of the service or to comply with the information and procedures required by the Certification Authority issuing or renewing the SSL Certificate. The customer undertakes to comply with the contractual documentation, policies, manuals and regulations of the Certification Authority that issued the SSL Certificate. Depending on the Certification Authority that issued the SSL Certificate, the customer is informed that the following documents shall apply: i) for SSL Certificates issued by the Let's Encrypt Certification Authority, the customer declares to have read and accepted the documentation relating to SSL Certificates published by the Certification Authority at https://letsencrypt.org/repository/. ii) For SSL Certificates issued by the Certification Authority Symantec,the customer acknowledges and accepts the "SSL Certificate Service Order" of Swizzonic published at the link https://www.swizzonic/company/legal/ods-certificati-ssl.html, to be considered an integral part of this SO, and the documentation relating to "Symantec SSL Certificates" from the Certification Authority Symantec, available at the link Repository http://www.symantec.com/about/profile/policies/repository.jsp.
2.4 - Rules for using the Email Service The customer agrees not to use the email service for illegal purposes, to respect the rules of use and not to violate in any way all national and international rules, including regulations, applicable.
2.4.1 - The customer is responsible for maintaining the secrecy of its accesses, not providing the password to third parties or making it potentially available by writing it down in clear text in any format. The customer must choose a suitably complex access password, not merely passing the automatic complexity check carried out by the mailbox creation module but inserting numbers, upper and lower case characters, ASCII symbols and whatever may be useful to make the password as complex as possible. The customer is also obliged to periodically change the password for accessing the mailbox; in addition, Swizzonic recommends changing the password whenever the customer suspects that it may have been compromised. Swizzonic reminds the customer that an insecure use of the web, associated with the absence of an adequate antivirus to protect the customer’s device (computer or mobile), exposes the customer to the risk of receiving computer viruses that can intercept passwords and compromise the customer’s mailboxes.
2.4.2 - The customer undertakes to keep the accesses for outgoing mail equally secret.
2.4.3 - The customer also agrees to comply with the rules and policies provided by the competent registration authority of the domain name related to the mailbox used. In particular, the customer guarantees not to directly and/or indirectly carry out spamming activities, consisting in sending email communications that are unauthorised and/or unsolicited by the recipients, or any other practice prohibited not only by the rules of Netiquette, but also by the legislation on the protection of personal data. The customer will also be held liable for spamming activities which, although carried out via email addresses that are not Swizzonic mailboxes, also indirectly involve a service provided by Swizzonic or its technical structure (e.g. in the case of unauthorised promotion of websites hosted by Swizzonic). Swizzonic reserves the right to immediately suspend the email service, both for inbound messaging (mailbox) and outbound messaging (SMTP), on its own initiative or following a report by a third party, if it considers, in its sole discretion, that the customer is carrying out activities in breach of the obligations set out in this article, even without its knowledge. In this case, the customer, following notification by Swizzonic, even by email, shall immediately eliminate the violation or provide appropriate documentation to prove that the practice which is implemented fully complies with current legislation and/or the rights of third parties. In the event of failure to respond immediately, Swizzonic shall be entitled to terminate this SO immediately, without prejudice to the right to full payment of the fee and without prejudice to compensation for any damages suffered.
2.4.4 - It is understood that if the customer is found to be carrying out spamming activities, Swizzonic may, at its sole discretion, terminate this SO in any case.
2.4.5 - Swizzonic may also delete the customer’s mailboxes and all data contained therein if the DNS for the corresponding domain name has been configured by pointing the MX record to servers other than those owned by Swizzonic for more than 7 days, resulting in the inability to receive mail on Swizzonic servers for at least 7 days. The Swizzonic email service is delivered with secure communication thanks to the TLS (Transport Layer Security) encryption protocol in version 1.2. A prerequisite for encrypting inbound communication is that the customer configures their email client with the appropriate SSL/TLS configuration as described in the guides available in the FAQ section of the Swizzonic website. A prerequisite for encrypting outbound communication is that the customer configures their email client with the SSL/TLS configuration as described in the support section of the Swizzonic website and that the server receiving the message exposes the TLS service.
2.4.6 - Webmail is configured to transmit both incoming and outgoing messages in encrypted form, furthermore webmail browsing is encrypted with Domain Validated Certificate.
2.5 - Swizzonic's liability The service will be available 24 hours a day, seven days a week, excluding and except for possible suspensions for maintenance work. Swizzonic shall not be liable for any interruption of the service, which it undertakes to restore as quickly as possible and which is not attributable to intent or gross negligence on the part of Swizzonic. Swizzonic may, at any time, interrupt the provision of the service where justified security reasons and/or guarantee of confidentiality exist, in which case it will notify the customer. Swizzonic is responsible for the security of the proprietary applications and consequently of the code released as part of the service provisioning systems and service delivery interfaces. Swizzonic ensures code changes that are developed and deployed are installed in a secure manner, using a separation of development, test and production environments, using test and code coverage procedures for automatic and manual quality validation and maintaining strict standard code versioning to facilitate deployment and roll back activities. Swizzonic ensures that all access to code, production environments and traffic data is strictly technically constrained and reflects official levels of authentication and related permissions. Swizzonic performs periodic and at each production release checks for the presence of known OWASP vulnerabilities (https://owasp.org/Top10/). Swizzonic cannot in any case be held liable in case of malfunctioning of the service due to events beyond Swizzonic's reasonable control such as, but not limited to: - events of force majeure; - events dependent on the actions of third parties such as, purely by way of example, the interruption or malfunction of the services of telecommunications operators and/or power lines or acts or omissions of the competent registration authority; - malfunction of the terminals or other communication systems used by the customer. Disputes The customer is obliged to notify any irregularities of the service by registered letter with acknowledgment of receipt within three business days after detection of such irregularity. Failure to report in the manner and within the time limits referred to above shall relieve Swizzonic from any liability.
3 - Termination of the contract In any case of termination of the effects of the contract and/or in case of non-existence of the above Terms of Service, in addition to the deactivation of the functions referred to in the offer, all data on the space made available with the service will be deleted without any responsibility of Swizzonic for maintaining and/or saving them. It is therefore the customer's responsibility to save the data on a different medium before the expiry date if he/she does not wish to renew the service.
4 - Fees and Payments The fees for the provision of the service requested are those indicated in the offer. The provision of the service shall be deemed agreed from the moment of payment of the service fee by the means indicated in the offer. The renewal price shall be the list price applied by Swizzonic at the time of the request by the customer and resulting from the control panel