Terms and Conditions

1.1 These general terms and conditions of Contract (hereinafter also General Conditions) govern the manner in which Televideocom S.r.l., with registered office in Sassari at Zona Industriale Predda Niedda nord strada n°5 (hereinafter also Televideocom or TVC or the Company), provides its Services (hereinafter also Service or Services), according to the technical characteristics and commercial conditions set out in the individual offers available to Customers. The General Conditions, in compliance with the provisions of Legislative Decree 206/2005 and Law 40/2007, have a general scope and may be subject to changes based on subsequent legal provisions and/or regulations.

2.1 By subscribing to these General Conditions the Customer acknowledges and accepts that:
a) the Services are offered by Televideocom through the internet network in online mode, in the actual state of fact and law in which they are at the date of the activation request, as published on the service website capitanhostino.it, ( hereinafter also only Site) belonging to the Company Televideocom S.r.l.
b) the activation of Services requested by the Customer in online mode, occurs only and exclusively after TVC receives the documents indicated on the Site, in addition to any other documentation that the Company deems necessary for Service activation.
c) the offer of each Service is for an indefinite period. The Company reserves the right to modify or revoke the duration and characteristics of any Service at any time, giving notice on the institutional website. Any modifications that should be made after the date of contract signing and Service activation, will not modify the original contractual conditions until the natural expiration of the contract.

3.1 The costs related to Services requested by the Customer are visible on the Site at the time of order.
3.2 In both the case of a new order and renewal, payment for Services must be made simultaneously with the subscription of the Contract Proposal or Membership Form and in any case in advance of the activation of the Service itself.
3.3 The Customer undertakes to pay Televideocom the amount indicated in the order for the requested Service, plus VAT as required by law, and/or any other charges always according to legal terms.
3.4 Payment of the cost for Services can be made by bank transfer or credit card, unless otherwise agreed between the Customer and the Company in written form. The procedures for making payment for Services are indicated on the Site during the order phase.
3.5 If the Customer's payment does not prove to be actually executed, or not credited or for any reason is revoked or canceled by the Customer themselves, TVC reserves the right to suspend the provision of the Service activated in the meantime, with immediate effect.
3.6 The Customer cannot assert rights or raise objections of any kind if they have not first proceeded to execute the payments provided for in the contract.
3.7 Unless there is a different and explicit agreement between the parties, it is agreed that invoices related to Services may be transmitted to the Customer in electronic format at the email address indicated by the Customer.

4.1 The Contract for the provision of Services is considered concluded only after verification by TVC that all the documentation sent by the Customer and indicated on the Site (proof of payment, membership form or signed contract proposal, signed release, copy of identity document, copy of Tax Code) is compliant.
4.2 The Company reserves the right not to accept the order of the Customer and therefore not to conclude the contract (only by way of example) in cases where:
a) the Customer does not provide the Company with all the required documentation, or if it is incomplete or contains information that is not truthful or to be considered as such;
b) the Customer is in default towards TVC for previous unpaid supplies. In this case the activation of the Service may be subject to payment by the Customer of the prior debt;
c) nothing prevents, from a technical point of view, the activation of the Service;
d) the Customer is subject to executive or bankruptcy proceedings;
4.3 In the event that the Company does not intend to conclude the contract, it is not required to justify its decision. It is understood that any amounts already paid during the order phase will be returned to the Customer. The request for compensation, interest or any other amount different from that originally paid by the Customer and claimed due to the failed activation of the Service is excluded.
4.4 The Contract can have an annual or monthly duration, starting from the day of Service activation.
4.5 At natural expiration the contract will cease its effectiveness and the Service will be deactivated, unless a renewal request by the Customer is made according to the methods provided on the Site. As the Service expiration date approaches, TVC reserves the right to send to the Customer's email address notices regarding the imminent expiration with the methods for Service renewal.
4.6 The Customer who does not wish to renew the Contract, whether annual or monthly, must give written notice to Telelevideocom at least 30 days before the expiration date. If this deadline is not met, the Customer must pay an additional month of their Service.

5.1 This contract is terminated by law, with consequent Service interruption without any notice, if the Customer:
a) transfers all or part of the contract to third parties, without prior written consent of Televideocom S.r.l.;
b) fails to pay the established fee;
d) is admitted to liquidation bankruptcy proceedings;
e) uses the Services in ways different from those communicated to Televideocom. In such cases Televideocom S.r.l. will have the right to retain and collect the amounts paid by the Customer as penalty, without prejudice to compensation for greater damages.
5.2. Televideocom will have the right to withdraw from this contract at any time and without obligation to provide reasons, with 30 days' notice sent by email and confirmed by registered mail RR or telegram. In case of exercise of the right of withdrawal, after the notice period indicated above, Televideocom may at any time deactivate, delete, obscure and in any case render unusable the site and email account.
5.3 In case of withdrawal Televideocom is obliged to return to the Customer the prorated Service price corresponding to the days not used, until the next natural expiration of the relationship, with all and any other refund or compensation or liability of Televideocom for the non-use by the Customer of the Service in the remaining period being expressly excluded.
5.4 The Customer who qualifies as a consumer pursuant to Article 3 of Legislative Decree no. 206/2005 will have the right to withdraw from this contract at any time, with notice to be sent to Televideocom S.r.l. by registered mail RR. After 30 days from receipt the withdrawal will take effect and Televideocom S.r.l. will proceed to cease all Services offered for the domain name, including any additional Services.
5.5 In the event that, simultaneously with the withdrawal notice, the Customer also requests a refund of the prorated Service price corresponding to the days not used until the next natural expiration of the relationship, Televideocom will proceed to make said refund excluding costs already incurred (by way of example but not exhaustively: costs already incurred for domain name registration with the competent Registration Authority, for activation of licenses used for the provision of additional Services etc.) in accordance with the provisions of Article 1 paragraph 3 of Legislative Decree 7/2007.
5.6 In case of cancellation, withdrawal or termination, not complying with these general conditions, by the Customer, Televideocom is authorized as of now to retain and collect the amounts paid by the Customer, as penalty, without prejudice to compensation for greater damages.

6.1 Televideocom's HOSTING Service consists of renting a server for exclusive or shared use on which to publish and manage your own site or those you wish to publish. With the HOSTING Service, the Customer has the possibility to place their own servers and equipment in the DATA CENTER owned by Televideocom. For the Domain Name Registration Service, Televideocom strictly respects the chronological order of requests received, provided they are accompanied by the necessary documentation and a valid proof of payment of the Service cost as indicated on the Site.
6.2 The essential rules and procedures to follow for the provision of the Domain Name Registration service are those established by the respective competent Authorities. The User undertakes to know and comply with the regulations and rules of the various Authorities.
6.3 In case of domain transfer to another provider/maintainer the contract will cease its effectiveness on the date of completion of the transfer. Consequently upon completion of the transfer any web space and in any case all Services connected to the domain name will therefore be deactivated and, where present, the web space deleted, with any refund by Televideocom to the Customer for the period not used being expressly excluded.
6.4 The technical specifications and commercial proposals for providing Services are contained in the individual proposals published on the Site. Simultaneously with the request for the main Service, where available, the Customer can select any additional Services which in terms of supply frequency follow the deadlines of the main Service.
6.5 In case of requesting a Service with web space the Customer acknowledges and accepts:
a) being the only person to have access to the security settings of their site;
b) that their site is hosted or allocated on the computer system owned by Televideocom S.r.l.;
c) that the data published on their site for the purpose of disseminating it on the internet constitute copies of the original data which remain in their possession and exclusive availability;
d) that Televideocom does not make copies of published data and/or email and therefore it is their exclusive responsibility to make, at their own care and expense, backups of the same; 6.6 Based on the above, the Customer releases Televideocom from any liability in case of loss, even total, of published data and/or email messages, in case of failure, malfunction, unauthorized access to the site or email account.
6.7 Regarding shared HOSTING, the responsibility for normal server management activities, hardware maintenance and software provided by TVC is borne by the Company. The Customer accepts that the measurement of traffic carried out by the server (traffic of all protocols to and from all ports of the IP addresses assigned to the server itself) is carried out by Televideocom according to its own criteria and methods. The data present on the Server can be consulted by the User via web independently and at any time, while access at server administrator level is reserved exclusively to Televideocom. The User acknowledges and accepts that any cost of additional software licenses to be installed will be completely borne by them.
6.8 Regarding the HOUSING and dedicated HOSTING Service, Televideocom s.r.l. disclaims any liability in case of failures or hardware breakdowns of servers and/or equipment owned by the Customer. Therefore any request for refund or compensation or liability of Televideocom for non-use by the Customer of the Services offered, due to hardware failure and/or breakdown, is expressly excluded. The Service does NOT include insurance for theft, fire, catastrophic and unforeseeable events which remain the responsibility of the Customer. Any repairs must be agreed with Televideocom's Technical Assistance Service.

7.1 Televideocom provides the Customer with all necessary assistance both in the pre-contractual phase and after Service activation, with dedicated email addresses for Commercial, Administrative and Technical assistance published on the Site.
7.2 Televideocom provides (basic) technical assistance service on Dedicated Servers and VPS which, upon Customer notification, includes the activity of shutting down/restarting the machine. This activity is provided free of charge also in Proactive mode (only for Dedicated Servers), with direct intervention by Televideocom, according to the indications published on the Site.
7.3 In addition to the basic profile, Televideocom offers other technical assistance profiles whose technical characteristics and costs are published on the Site under Technical Assistance.
7.4 In case of Housing, the Customer, or personnel explicitly authorized by them, will have the possibility to access the DATA CENTER premises according to the methods and timing to be agreed with TVC's Technical Manager, for installation, testing, modification, control, content updating of servers, machine function monitoring, maintenance, any server repairs and/or other Customer equipment and any other activity necessary for the correct operation of servers and/or other Customer equipment.
7.5 Any repairs of servers and/or other Customer equipment, and/or any other activity necessary for the correct operation of servers and/or other Customer equipment, may also be carried out by TVC following an explicit written request from the Customer and upon payment of the agreed fee. The Customer has the right to independently choose the methods for shipping (or picking up) servers and/or equipment to be placed (or placed) in Televideocom's Data Center premises; the expenses for the aforementioned operations are therefore entirely borne by the Customer. Upon receipt of servers and/or equipment owned by the Customer, TVC will carry out technical checks on such servers and/or equipment, reserving the right to accept them based on the outcome of such checks.
7.6 HOUSING/HOSTING Services do not include the backup function by Televideocom. This Service is the responsibility of the Customer or can be requested as an optional Service accompanying one of the Hosting/Housing profiles provided by the Company.

8.1 By subscribing to these General Conditions the Customer undertakes:
- not to use the Services made available by Televideocom for the dissemination of material or extracts of material covered by copyright (e.g.: musical or multimedia files protected by copyright) unless in possession of and able to show specific authorization.
- to guarantee that said material does not violate or infringe any copyright, trademark, patent or other legal or customary right of third parties;
- not to use or allow third parties to use Televideocom's Services against morality and public order, in order to disturb public or private peace, to cause offense, or direct or indirect damage to anyone (the insertion in web space of dialers or materials or extracts of material dealing with pedophilia or racial or fanatical apologies is prohibited; pornographic material may possibly be inserted only in compliance with current regulations on the matter (e.g. in appropriate restricted areas created by the site owner, accessible exclusively to adults through a special password issued by the site owner after careful verification of the age of majority of the applicant);
- to keep in the utmost confidentiality without transferring to third parties the password for accessing the Service, therefore being personally responsible for its custody;
- to change their access password at least every three months and, in any case, holding harmless and indemnifying;
Televideocom from any liability in case of complaints, legal actions, administrative or judicial actions, losses or damages (including legal expenses and fees) arising from failure to observe what is established regarding the preservation, modification and custody of said passwords;
- to use the services made available by Televideocom only and exclusively for the purposes for which the service is advertised. In case of Web Hosting only for publication of the website and not as storage, i.e. as a tool for simple archiving of files and/or material downloadable from other sites;
- not to carry out acts aimed at violating or attempting to violate the confidentiality of private messages, or aimed at damaging the integrity of others' resources or causing direct or indirect damage to anyone (for example through pirated software, cracks, key generators, serials, viruses or other harmful components);
- not to use TVC's Services to violate, contravene or cause to contravene directly or indirectly the laws in force in the Italian State;
- not to publish websites containing gambling, online casinos or content that violates the provisions of law 401/1989 as amended by law 388/2000 (Incentives for e-commerce and for telematic connection See) and, in case of publication of the material described above, to guarantee in any case to be an authorized operator, i.e. to be in possession of concession, authorization, license or other title to carry out in Italy the collection of games reserved to the state (such as e.g. games, lotteries, bets or forecast competitions with cash prizes) through the Internet, or other telematic or telecommunication networks, and to undertake to provide in advance to the undersigned, before the start of collection activity, a copy of the concession, authorization, license or other title. It is naturally understood that in the event that Televideocom becomes aware of websites or links (hypertext links) to other external websites for which a copy of the aforementioned authorization has not been provided in advance, the Service will be suspended until provision of the documentation authorizing the request, with any refund and/or damage compensation for the period of Service not used being expressly excluded;
- not to offer information to the public (textual or graphic) harmful to Televideocom's image through the Services made available;
- not to carry out spamming or equivalent actions;
- the customer acknowledges and accepts that, in case their site is advertised with illegal methods (for example: spam), Televideocom reserves the right to suspend the Service;
- in case they have purchased a Service with web space, not to store sensitive data and/or judicial data on the site;
- in case they have purchased a Service with web space, to take charge of protecting the data entered;
- in case they have purchased a Service with web space, not to publish websites containing newspaper mastheads without Televideocom's written consent and not to consider and/or indicate in any case Televideocom as publisher and/or printer without the written consent of Televideocom itself;
- to accept and observe the rules of good use of network resources, of which the Customer declares to be aware.
8.2 In case of violation of one or more of the aforementioned obligations, Televideocom will have the right to delete any unauthorized material entered and to suspend immediately and without any notice the Service, also reserving the right to terminate the contract and to retain the amounts paid by the Customer as penalty, without prejudice to compensation for greater damages. The Customer acknowledges and accepts that, in case of dispute with third parties regarding the registered domain name or the content of the website, Televideocom reserves the right to suspend the Service and/or to remove in whole or in part the material pending resolution of the dispute. Any claim for refund or compensation by the Customer for non-use of the Services offered by Televideocom, during the suspension period and/or for removal of material, is expressly excluded.
8.3 The Customer acknowledges and accepts that domain name registration involves the insertion of the Customer's personal data in a publicly accessible register; the Customer therefore guarantees that the personal data provided to Televideocom for the complete execution of the contract are correct, up-to-date and truthful. However, should the Customer provide false and/or incorrect and/or incomplete data and in any case, following specific request by Televideocom, fail to provide adequate proof of their identity, domicile or residence or, as the case may be, of their capacity as legal representative, Televideocom reserves the right to:
- refuse the registration request;
- in case the domain has already been registered, to immediately suspend the Service (including any additional Services) and/or terminate the contract, retaining and collecting the amounts paid by the Customer as penalty without prejudice to compensation for greater damages.
8.4 The Customer is required to promptly communicate any changes to the personal data made known at the time of HOSTING/Housing Service subscription, and in any case within and no later than 7 days from the date of change, by fax communication, subsequently confirmed by registered mail; failing the above-mentioned communication Televideocom S.r.l. reserves the right to suspend the Service with immediate effect.
8.5 Having acknowledged the communication, Televideocom reserves in any case the right to request additional documentation for updating the owner's data in its databases.
8.6 The Customer must communicate to Televideocom immediately, and not later than 24 solar hours, any irregularities in the Service. Any damages caused by a not prompt communication will be considered the Customer's responsibility.
8.7 Televideocom and the Customer mutually undertake to guarantee that they and their respective employee personnel will treat as confidential any data or information known or managed in relation to activities for the execution of the Service provided by Televideocom.

9.1 Pursuant to the provisions of articles 52, 53 and 64 et seq. Legislative Decree 206/2005 the Customer acknowledges:
- that the Service provider is the Company Televideocom S.r.l. with registered office in ZIR Predda Niedda nord, str. N. 5, 07100 Sassari, VAT No. 02125330908 Telephone 079/2858672, Fax 079/2858620; e-mail info@televideocom.com web: www.televideocom.com;
- having the right to withdraw from the contract, without obligation to indicate the reasons and/or to pay any penalty, within the term of 10 working days from the conclusion of the contract, except in case the provision of Services has begun, with the agreement of the consumer, before the expiration of the 10-day term provided for by art. 64 paragraph 1) of Legislative Decree 206/2005 (except as established in art. 65 paragraphs 3), 4) and 5), as indicated in art. 55, paragraph 2), of Legislative Decree 206/2005;
- that the right of withdrawal referred to in this clause is exercised by sending, within the deadline, a written communication to Televideocom's registered office by registered letter with return receipt or by certified email to the address amministrazione@pectvc.com.
- that any complaints can be sent to Televideocom's Customer Service at its registered office;
- that the technical assistance services possibly available for individual Services/products are indicated on the website www.capitanhostino.it;
It is understood, and the Customer acknowledges and accepts this, that the discipline referred to in Legislative Decree 206/2005 provided for in this contract does not apply when the Customer themselves acts and concludes this contract for purposes referable to business or professional activity carried out.

10.1 The Customer expressly agrees that the electronic register of Televideocom's operation (LOG), generated and maintained by Televideocom, may be exhibited, in case of dispute, only at the request of the competent Authority and constitutes full and incontrovertible proof of the facts and acts performed by the Customer in relation to Televideocom.

11.1 The Customer undertakes to communicate to Televideocom the personal data required and necessary for correct execution of the contract and consequent activation of the requested service.
11.2 They guarantee that the data communicated is correct, up-to-date and truthful and allows identification of their true identity. The Customer is obliged to promptly communicate to the Company any changes to the data compared to those communicated during the order phase as well as to provide at any time, upon request by the Company, confirmation of their capacity as legal representative of the legal entity requesting or holding the Service.
11.3 In case the Customer fails to provide the requested documentation, or in case they provide false, outdated or incomplete data, TVC reserves the right to suspend and/or interrupt, with immediate effect and without notice, the service, and to terminate the Contract reserving the right to claim compensation for greater damages. In such cases, it is understood that the Customer cannot make any request to TVC for refund, compensation and/or damage compensation for the time they did not use the Service.
11.4 The personal data provided by the Customer to Televideocom is protected by Legislative Decree 196/2003, containing provisions for the protection of persons and other subjects with respect to the processing of personal data, and therefore will be used for the complete execution of the contract and for the fulfillments required by law or requested by the competent Authorities.

12.1 The relationships between Televideocom S.r.l. and the Customer, also by virtue of these general conditions, cannot be understood as mandate, company, representation, collaboration or association relationships or other similar or equivalent contracts.
12.2 No modification or postscript not expressly contained in these general conditions unless specifically approved in writing by the parties, will have effect.
12.3 For any dispute relating to the interpretation, execution and termination of these General Contract Conditions, the Court of Sassari will have exclusive jurisdiction; all communications to the Customer relating to this contractual relationship may be made by hand, by e-mail, certified mail, by registered letter with return receipt and/or ordinary mail or by fax. Pursuant to and for the effects of articles 1341 and 1342 of the Civil Code, the clauses contained in the following points are expressly approved, after careful review:
4 Contract - conclusion, duration and renewal
5 Termination and withdrawal
6 General characteristics of Services
8 Customer obligations