GENERAL TERMS AND CONDITIONS OF SERVICE (T.O.S.)

rel. 1.2 July 2020

  1. Definitions
    1. Customer: the person who promotes the process of signing this contract in order to use the services prepared by the CONTRACTOR understood as the service provider.
    2. Supplier: service provider legally identified as Utixo Italia Srl, Via Rossignoli 14 – 26013 Crema CR PI 01718220195 capital stock i.v. €300,000
  2. Subject
    These general terms and conditions govern the provision and costs of the services provided by Utixo to its Customers and are to be supplemented by the special conditions of individual services.
  3. Mode of service delivery
    1. The Customer will only be able to use the service through remote operations
    2. For physical security reasons, under no circumstances is access by any customer allowed to the Data Center where the servers are located, only authorized and supervised technical personnel may access the systems
    3. The Service will be available 24 hours a day, seven days a week, excluding and subject to any suspensions for scheduled maintenance work for which the provider will send advance notice if performed during the daytime or at least 2 hours instead if performed at nighttime
    4. The provider may also, at any time, discontinue the provision of the service if justified security reasons and/or guarantee of confidentiality exist, again giving notice to the Customer as soon and to the extent possible
    5. In the event of a malfunction of the Infrastructure or Server made available to the Customer, the supplier will take all means reasonably necessary to remedy it as quickly as possible, except in cases where the failures are due to facts not directly attributable to the supplier. In the latter case, the supplier will notify the Customer immediately.
  4. Conditions of service implementation
    1. Sending the order, together with the payment of the consideration, implies full acceptance by the Customer of these Conditions and constitutes a contractual proposal pursuant to Art. 1326 Civil Code against the supplier who is free to accept or reject said proposal. In case of acceptance, the Contract is finalized with the activation of the Service, followed by the sending of the Activation Confirmation containing the Access Credentials. It is understood, in any case, that the Customer’s use of the Services certifies acceptance of all contractual conditions.
    2. Upon the supplier’s validation of the Customer’s order and receipt of payment for the Service, the supplier will proceed to activate the Service and send to the Customer – via email – the access codes that enable him to use the Service.
    3. The billing period for the Service will begin from the date of sending the Customer the e-mail message confirming activation of the Service.
    4. The Customer acknowledges and agrees that the Infrastructure and Server made available by the Provider are the exclusive property of the Provider and for no reason, during or as a result of the Service, will the Customer acquire ownership thereof.
  5. Billing and invoicing
    1. For the Service provided, the Customer agrees to pay the supplier the agreed fee corresponding to the type of Service chosen, as indicated in the purchase order. Billing will be in advance.
    2. The following forms of payment are accepted: Credit Card, Bank Transfer, PayPal and SEPA Direct Debit.
    3. Utixo will send a pro-forma invoice prior to the expiration of the service stating the expiring service, the actual expiration date, and the possible methods of payment. Once payment is received and recorded, the service will be renewed and the client will receive a receipted tax invoice with the date of receipt of payment.
    4. In case of non-payment of even a single fee Utixo will automatically suspend the service provided and notify the customer by email.
    5. When the service is suspended, the customer will not be able to have access to data and/or information and/or content entered, transmitted and/or otherwise processed by him/her through the service but will have the option of reactivating the service by paying the relevant pro-forma invoice for a period of 2 weeks after which the customer’s data will be permanently deleted from the Utixo servers. However, Utixo reserves the right to recover any amounts due.
    6. For the purpose of applying VAT to contractual consideration, the provisions of Presidential Decree 633/72, as amended, apply.
    7. The Customer may withdraw from the contract, before its expiration, by giving notice by PEC or by cancelling the renewal of the same from its control panel. In such a case, however, the Customer may not claim a refund from the supplier of the sums already paid. Services with an annual contract (e.g., VPS) will still be charged for the entire year and not renewed thereafter.
    8. For some types of services, an automatic payment can be set up whereby credit cards, paypal or SEPA Direct Debit are charged for overdue amounts. Users can select this mode themselves from their control panel.
  6. Contract duration and termination
    1. Some services due to their specific nature have an annual contractual commitment starting on the date of service activation (Registration Date) although they may have deferred payments (monthly/quarterly/semi-annually). With exclusive reference to continuous services, automatic renewal is provided for successive one-year periods following the initial annual expiration.
    2. Services under annual contract are : Cloud Antivirus, Dedicated VPS , Dedicated Servers, PEC, Email Protection Suite, SSL Certificates, Cloud Storage.
    3. For services with an annual contract, the customer will not be able to withdraw from the contract under any circumstances before the end of the year, termination is possible at the end of the year with at least 45 days notice via PEC or through the cancellation notice present through the Utixo control panel. In this way, the service will not be renewed at the annual expiration.
  7. Terms and conditions of use
    The Customer agrees to use the virtual server service in accordance with the law, therefore avoiding:
    1. Disseminating, publishing copyrighted or copyrighted material, and using programs for p2p and more generally for exchanging files.
    2. Spreading, publishing pornographic content without proper control of the visitor’s age.
    3. Spreading, publishing pedophilia content.
    4. Disseminate, publish material that discredits the image of the provider.
    5. Spreading, publishing material offensive to other people’s races, customs, traditions or ideas.
    6. Sending unwanted advertising and any other form of mass mailing.
    7. Installation and use of software for which he does not hold a regular license to use.
    8. Posting of sites related to gambling and/or betting.
    9. Use of IRC Bot or any other written program used specifically in conjunction with IRC.
    10. To not disseminate material that in any way attempts to violate the confidentiality of others’ messages or resources by causing direct and/or indirect harm to anyone (e.g., through pirated programs, cracks, keygenerators, viruses, or other harmful material).
    11. To not use the provider’s services to violate, contravene, or cause to contravene the applicable laws of the State of Italy.
    12. To store sensitive and/or judicial data on the site in accordance with the Law.
    13. The Customer in the use of individual services will abide by the regulations of the same as published on the Web and, in case of the absence of specific regulations, will comply with the behavior guidelines set forth in the Netiquette http://www.nic.it/NA/netiquette.txt.
    14. The Customer agrees not to engage in intrusion or attempted intrusion activities using the Service (not limited to: spoofing, sniffing, port scanning). In the event of a breach of this obligation, the Provider reserves the right to immediately discontinue the Service and terminate the Contract, subject to a claim for damages incurred.
      The Customer shall be solely responsible for any use of the Service and Infrastructure by its employees or by any person to whom the Customer has provided one or more access keys that allow access to the Service or any part thereof. The Customer will also be solely responsible for any consequences associated with the loss of its access key.
    15. Passwords provided by the provider to access services are personal. The Client, therefore, is solely and exclusively responsible for them, as well as for their illicit or fraudulent use, including by the Client’s collaborators and/or employees. The Customer bears the costs of any password change. In case of loss, the Customer shall notify Utixo immediately.
    16. The Customer undertakes to comply with all relevant legal provisions and regulations, as well as to respect the rights of third parties and to forward the required information to the Data Protection Authority.
    17. It remains the responsibility of the Customer to take out the necessary insurances to guarantee damages arising from the conclusion of this contract or its execution.
    18. The Client agrees to hold the supplier harmless from any claims for damages that may be received from third parties as a result of the activity performed using the services.
    19. The Customer agrees to hold the supplier harmless from any claims for damages made against it by third parties.
  8. Limitation of supplier’s liability
    1. The Customer acknowledges that he/she is solely and exclusively responsible for the activities carried out through the Services or directly or indirectly referable to him/her, and in particular that he/she is responsible for the content and communications entered, published, disseminated and transmitted on or through the Services.
    2. Changing security settings is not allowed without the vendor’s consent to prevent the server from being compromised.
    3. Except in cases of willful misconduct or gross negligence on the part of the supplier, the Customer undertakes to hold the supplier harmless and indemnified against any charge or harassment of third parties in connection with the use of the services or part thereof to the Customer and/or its Customers, failure to update the personal data of it Customer, or otherwise non-compliance with any of the provisions of Law 196/2003 by it Customer in connection with the services of the supplier.
    4. The Customer will guarantee and hold the Provider harmless from any charge or harassment in connection with the attribution of the unreachable status of the Provider’s Servers related to force majeure, or total or partial interruption of access or connection termination services, if due to force majeure or acts of third parties. Force majeure is defined as events not foreseen and not foreseeable by the supplier and dependent on natural or third-party events, such as but not limited to: explosions, lightning, earthquakes, hurricanes, fires, floods, other natural disasters, strikes.
    5. The supplier shall be released from all liability in the event of destruction, loss, misappropriation, damage or deterioration, even partial, of the Hardware for any cause not resulting from its own gross negligence.
    6. The Customer shall guarantee and hold the supplier harmless from any charge or harassment in the event of defective operation of the system or terminals used by the Customer.
    7. Even when expected to be backed up by the vendor The client still has an obligation to save its own copy of the data.
    8. The provider will be released from liability in cases of: interruption of service ordered by the judicial authority, interruption of service due to bandwidth fluctuations and/or carrier criticality, interruption of service due to operations attributable to the customer’s fault or due to improper use of the software or problems with the software used.
  9. Assistance
    1. The Customer shall communicate via the web using the Trouble Ticketing service at https://shop.serverweb.net/clientarea.php any defect or misalignment with respect to the subscribed offer, in the delivery and operation of the Service or call at the telephone number and times indicated on the website https://utixo.net
    2. No free assistance is provided for systemic problems, errors/malfunctions of installed applications, defects of installed software, configurations of services and applications, or incorrect maneuvers by the Customer that could create reachability problems to the services. The rate for paid technical/systemmatic interventions is 50.00 Euro/hour + VAT with a minimum of 30 minutes that will be billed to the Customer in case he/she specifically requests the service.
    3. Phone support will be provided with response time depending on the severity of the problem normally within 4 hours on working days (Monday through Friday 9:00 am to 12:00 pm and 2:00 pm to 6:00 pm), on nonworking days or out of hours via trouble-ticket or e-mail.
    4. Maximum restoration times, if necessary, from Full Backup are guaranteed within 24 hours during weekdays except in cases of force majeure for which the supplier agrees to restore in the shortest possible time.
    5. Specific services and special arrangements include a direct service telephone number.
  10. Confidentiality
    1. The data controller is the provider.
    2. The supplier undertakes, in the context of the processing of personal data related to the performance of the services covered by this contract, to comply with the provisions contained in Law 196/2003 and subsequent amendments and additions; the Customer may exercise the relevant rights including consulting, modifying, deleting their data or opposing for legitimate reasons to their processing, by contacting the person in charge of data processing.
    3. The supplier undertakes not to disclose the processed personal data to unauthorized persons or use them for purposes other than those strictly related to the performance of this contract, without prejudice to legal obligations and any orders of the judicial or other Authorities authorized by law.
    4. The provider is committed to complete confidentiality regarding data and information stored on its servers and in relation to any information that its technical staff may have access to during the performance of services. Customer data will be physically resident in SOC1- and SOC2-certified data centers.
  11. Suspension of service
    The provider has the right to suspend, without notice, service delivery if any of the following conditions exist:
    1. The customer is in a delinquent status resulting from non-payment of fees and/or activation charges for services that have been billed and whose tax documents have come due.
    2. The customer takes an active part in attempts to breach the supplier’s or third party’s computer systems by means of the service made available by the supplier.
    3. CUSTOMER constitutes a dangerous situation, uses insecure software and/or fails to take the minimum precautions to make its service inviolable by third parties thereby endangering data and services of the provider and its other customers.
    4. the Customer defaults or violates even one of the provisions contained in the Contract, including those contained in the Utixo Services Usage Policy
    5. the Customer fails to comply, in whole or in part, with Utixo’s requests and otherwise its conduct is such as to give rise to a well-founded and reasonable apprehension that it is in breach of the Contract or responsible for one or more violations of its provisions
    6. there are reasonable grounds to believe that the Service is being used by unauthorized Third Parties
    7. there occur cases of force majeure or circumstances that, in the sole discretion of Utixo, require emergency action or related to the resolution of security problems, danger to the entire network and/or to persons or property; in such case, the Service will be restored when Utixo, in its discretion, has assessed that the causes that had led to its suspension/interruption have been effectively removed or eliminated
    8. the Customer becomes involved, for any reason whatsoever, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature, and in any case in the event that said dispute relates to acts and conduct put in place through the Service and/or the Virtual Infrastructure
    9. the suspension is requested by the judicial authority
    10. In case of disagreement on the billing or the nature of the Services, the Customer is required to notify Utixo Support through a ticket from its customer area within one (1) month from the date of the invoice issue. In the absence of such notification, and without prejudice to the Customer’s right to dispute the invoice at a later date, the Customer will be required to settle all unpaid invoices. If the Services are not billed correctly or on time, Utixo reserves the right to issue the invoice or correct the billing at any time, subject to the limitations imposed
  12. Appointment as Data Processor
    The Client, for the Service covered by this Agreement, appoints Utixo as the Data Processor, with a detailed description of the duties and burdens to which they will be held by virtue of this role according to the following. This appointment as Data Processor and the related clauses shall have the same duration as the duration of the Contract entered into between the Owner and Utixo in relation to the chosen Service. The appointment and this deed shall automatically cease to have effect in the event of termination, withdrawal or loss of effectiveness of the Contract, except for such time as may be necessary to enable the Owner to retrieve personal data where contractually agreed between the parties.

SPECIAL CONDITIONS WEB HOSTING AND SMTP SERVICE

The special conditions specify additional specific conditions related to the Web Hosting service

  1. No Spam Policy
    The use of SPAM is completely prohibited The customer agrees not to use email systems to send the messages in large numbers (SPAM) to individuals who do not wish to receive them. As such, Utixo reserves the right to install programs on its servers to prevent this practice.
    In the event of a complaint from users (customers or non-customers) about an e-mail that originated from an installation on Utixo servers or that involves URLs of sites housed at Utixo may be inhibited from sending e-mail at our discretion, the customer acknowledges that Utixo has the right to permanently restrict, restrict, discontinue or suspend all or part of the service and even to permanently terminate the contract in the event of non-compliance with warnings for spamming sent via e-mail to the customer.
  2. Obligations and responsibilities of the client
    Utixo provides hosting plans that allow the use of CGI scripts, PHP, MYSQL and other executable programs. Such scripts use many more system resources than simple pages, and the limitations below therefore apply to the use of these functions. The client has the ability to create and execute their own CGI, PHP and/or SQL on their own but this usage must be reasonable.
    In any case, in order to provide good quality service, we reserve the right to stop the execution of certain CGI, PHP, SQL and/or the site if they take up excessive server resources and endanger, regardless of the five limitations below and the smooth operation of the Utixo server.
    Utixo will make every effort to warn, before suspending them, customers who use scrips that use too high a percentage of system resources. Conversely, if the scripts cause problems for other clients, or take up excessive resources, they may be stopped without notice. The client is cautioned that use not in accordance with the above directions may, by its very nature, render the operation of the site on a shared server incompatible and expose the affected site to the risk of suspension without notice aimed at ensuring an acceptable quality of service to the server’s clients as a whole. The customer will then be invited to opt for a dedicated hosting contract. Under no circumstances should the scripts interact with the server or hardware configuration.
    Execution of such scripts or scripts with obvious hacking purposes or attempts to access confidential folders may result in immediate cancellation of the customer’s account without refund of any remaining fees.
    Accordingly, the following criteria will be used to assess the reasonableness of using scripts with reference to a service: – number of web requests per day (html, php, cgi, jpg, gif and others) – machine’s processor usage (” CPU “) (‘ 60 seconds with 100% CPU) – RAM usage (‘ 80 Mo per second) – access to a sql server from 3 simultaneous connections (request/session) (Utixo recommends you to establish short connections and close them after use) – for other reasons not defined by the present, but which, in Utixo’s judgment, would risk endangering Utixo’s computer system. The client will be required to inform Utixo of the reason for using the scripts.
    Notices are sent automatically when one of the above 5 criteria is violated, and the customer is then required to confirm the correct receipt of such a notice through a return email, as well as a good understanding of the request made by Utixo. If the customer does not confirm this e-mail within 12 hours, Utixo reserves the right to close the site without notice. Data transfer should be done through the anonymous FTP server whenever possible.

SPECIAL CONDITIONS FOR THE MANAGEMENT, REGISTRATION, RENEWAL AND TRANSFER OF DOMAIN NAMES

Registration becomes valid once the required fees are paid, unless special promotional offers are made. In case of any discrepancy between these special conditions and the general conditions, the special conditions shall prevail. In case of any discrepancy between these special conditions and the annexes, the annexes shall prevail.

  1. Item
    Utixo is enabled to assign on behalf of its Customers Domain Names and proceed to their renewal. The Customer also has the option to proceed with the registration of available domain names, according to the current offers.
  2. Domain name registration procedure
    All applications for registration imply prior and conditional acceptance of the administrative and technical naming rules governing the domain name applied for and acceptance, to the extent they exist, of the rules for the resolution of conflicts that may arise between the owner of the domain name and all third parties claiming rights to all or part of this name. The customer also accepts all the specific rules of the different extensions found on the Internet.
    The Customer provides all the necessary elements to proceed with the registration of the requested domain name. The Customer will then provide the name and full contact details of the person in whose charge the domain name is registered (the Holder), the names and full contact details of the administrative contact (administrative contact) of the billing contact (billing contract) and the technical contact (technical contact), as well as his or her full name, address, telephone number, and information about the natural or legal person in charge of technical management of the domain name.
    The completeness of the information requested in the form conditions the admissibility of the registration procedure. Any incompleteness in completing the form will result in the inability to successfully proceed with registration.
    The Client ensures that it has received a mandate from all persons whose personal information it discloses, with reference not only to the registration and disclosure of their names and contact details, but also their collection and publication on the Internet.
    Utixo is subject only to an obligation of means. The indication by Utixo of the availability of a domain name on its website https://utixo.net is purely indicative. This is regardless of the confirmation of the request made by e-mail once the registration formalities have been completed and payment recorded. Only validation by Utixo after verification and actual registration by the registry or supervisory authority will constitute registration. This validation is done within two working days after confirmation, except for special difficulties whose nature will be communicated to the Customer by e-mail. Applications will be forwarded by Utixo to the registry or the supervisory authority. The Customer is obliged to proceed regularly to verify the availability of the desired domain names, availability that cannot be certified in real time by the database, especially by those of the Whois .
    Utixo is in no way responsible either for the data contained in the Whois database or any equivalent database, or for updating them.
    If any element of the assignment request should require supplementation, clarification, or modification, Utixo will notify the Client by e-mail of its request, to which the Client agrees to respond in a time not to exceed a maximum of two business days. During this time, the chosen domain name is not subject to provisional reservation and does not give any right of precedence. However, if the domain name were the subject of a different registration pending the deadline for the Customer’s response, Utixo will inform the Customer that it must make a new choice of an available domain name.
    The Client declares that the information transmitted to Utixo is true and dispenses it from carrying out any verification.
    The Customer undertakes, in the event of a change in any of the data previously transmitted when registering or renewing a domain name, to notify Utixo of this change within two working days from the modification event by opening a ticket in its customer area.
    The Client agrees to respond to any update request from Utixo.
    Utixo reserves the right to suspend at any time the domain name whose coordinates appear to be the subject of invention.
  3. Renewal
    In the absence of the full balance of the renewal price before the expiration date, Utixo will not be able to make the renewal requested by the Client. Utixo will be able to proceed with cancellation of service from the third day after the annual expiration date, procedures for recovering cancelled domains vary from extension to extension and are not always possible, restoration times also vary depending on the extension. If the customer’s request to restore the domain fails for any reason Utixo will return the renewal price to the customer.
  4. Contract term and termination
    These terms and conditions are valid for the chosen duration of domain name registration, including the duration of any renewal of the domain name, regardless of the causes of termination listed below by way of non-exhaustive list.
    In addition to the reasons listed in the general conditions, Utixo reserves the right to terminate the contract in the following cases:
  5. Submission of incorrect information provided at the time of domain name registration or renewal;
  6. Failure to comply with regulations governing individual extensions.
  7. Failure to comply with rules imposed by ICANN or by a regulatory authority, particularly those in the Annexes, to which the parties are bound.
  8. Failure to pay sums due for domain name registration or renewal.
  9. Failure to comply with public order, laws or customs in force.
  10. Responsibility
    Providing incorrect personal information, particularly with the purpose of attempting to obtain a domain name almost anonymously is prohibited, and this will ipso facto result in termination of the account and the domain name(s) linked to it. The Client shall be fully responsible for all consequences, whatever they may be, including those of a pecuniary nature, in the event that it has not been mandated by the persons whose names and details it transmits for the purpose of registering a domain name. Utixo will make every effort to ensure that the information under its control is updated in a reasonable time. In the same way, the Client assumes responsibility for the data communicated and assures Utixo that the party to whom the domain name is registered has explicitly or implicitly mandated it to this effect. Utixo cannot be held responsible in all cases in which the mandate intervened between the Holder and the Client is invalid, such agreement being between third parties and unenforceable against Utixo. Consequently, the lack of validity of the mandate will operate a de jure transfer of all liability to the Client on an exclusive basis.
    The Customer will remain responsible for all facts or acts relating to the registered domain name in the event that a license to use it is granted to a third party. The Customer must himself make a useful verification regarding the use of the domain name in accordance with the rules imposed by ICANN or the regulatory authority and the contractual rules dictated by Utixo. The Customer agrees, in the event of a domain name dispute, to comply with the out-of-court domain name dispute resolution procedure.
  11. Transfer and license of the domain name
    The assignment of the domain name by a Customer to a third party is enforceable against Utixo are in the following cases:
  12. Utixo’s receipt of notification of the assignment by registered letter with return receipt or PEC.
  13. The full balance of the transfer costs for changing the holder to Utixo as made by the more diligent party.
  14. The signing, if any, of transfer documents required by the Registry and compliance with the specific transfer procedure regarding the domain in question. The license to use, on the other hand, even on an exclusive basis, is in no way enforceable against Utixo, even if it has been served on it. Consequently, in the latter case, the Domain Name Holder remains Utixo’s privileged interlocutor and the sole party responsible to Utixo for the acts and use related to the use and exploitation of said domain name.
  15. Choosing a domain name
    The Customer before proceeding to apply for a domain name must make all appropriate verifications. In particular, he will procure not to cause harm:
  16. To an earlier distinctive sign, whether a trademark right or a right related to a company name, sign or trade name, appellation of origin or geographical indication; -to a personality right, -or to a copyright. In a general sense, the Client will procure that the domain name: -does not offend public order or applicable laws and customs, -is not defamatory or racist, -is not likely to be considered speculative or abusive.
  17. Utixo, by way of information, hereby specifies to the Client that the omission of thorough research done prior to the registration of the domain name, may lead, with the sole responsibility of the Client, to legal actions of counterfeiting and/or unfair competition. Utixo also informs the Client that certain names, involving for example geographical and/or geopolitical concepts, or likely to offend public order, may not be chosen.
  18. Third party recourse
    All appeals involving a court order or decision rendered pursuant to the domain name mediation or arbitration procedures shall be borne in full by the Customer. In the context of these proceedings, the Customer may, without prior notice, be deprived of a registered domain name in the event of a transfer of a domain name for the benefit of a third party who has instigated an action concerning that domain name. The domain name in question may likewise be suspended during the proceedings until they are concluded. If, in the context of such litigation, Utixo is sued, Customer shall indemnify Utixo for all expenses incurred in connection with such proceedings, regardless of what is the cause or consequences thereof and regardless of the nature of such proceedings, i.e., whether they are court proceedings, arbitration, or reassignment proceedings. Specifically included in the expenses incurred are costs related to technical interventions, costs of the procedure as well as professional fees.
    The same rules apply to applications submitted by Registries, ICANN, or regulatory authorities.
  19. Name data
    The Customer’s request for deletion of data made by the Customer will for the effect and automatically result in the termination of the effects of this contract, such a request counting as the deletion of data mandatorily required by the Registries and supervisory authorities that manage online databases. In fact, the data required for online publication the domain name databases are considered to be public. As a result, the Client may not object to their publication, except to request at the same time that the effects of these contractual rules be terminated. In any case, the Client has at any time a right of access to the named data concerning him/her in order to verify the data recorded and stored by Utixo.
  20. Storage and transmission of data
    Utixo undertakes to transmit the data it holds solely for the purpose of ensuring the provision of the service.
  21. Non-renewal transfer or cancellation of domain name
    All enforceable judicial orders served on Utixo, as well as any arbitration award duly served on Utixo and ruling on the transfer or cancellation of a domain name registered by Customer shall be immediately enforced by Utixo without prior notice to Customer.
    All voluntary transfers of domain names due to change of Registration Entity will take place according to the terms of the considered domain. The transfer to Utixo will be effective upon confirmation of the transfer by the registry.
    The transfer from Utixo will take effect from the time of the request made, prior to expiration, on behalf of the Client by the newly chosen Registration Entity, provided that no litigation – judicial or otherwise – is pending between Utixo and the Client or no proceedings instituted by third parties are pending, and provided that the conditions of transfer peculiar to the domain are met.
    Failure to renew a domain name on the expiration date will be equivalent to a cancellation of the domain name and will make the cancelled, non-renewed domain name available from the date and time of cancellation.
    The Customer is prohibited from any transfer relating to a domain name that is under dispute.
    All transfers, requests for transfer or cancellation of the domain name, whatever the cause, will not result in any return of monies collected by Utixo.
    Where the Customer goes into liquidation, ceases operations or is subject to bankruptcy proceedings, for the period of registration of the domain name the designated representative may request that the same be transferred to the successor in title of the Domain Name Holder, accompanying his request with the necessary documents.
    In case of non-renewal of the domain name Utixo shall have the right of first refusal, may acquire it and dispose of it in full possession including selling it to third parties.
  22. Right of withdrawal
    According to Article 55, II paragraph B of the Consumer Code “the consumer may not exercise the right of withdrawal […] supply of goods made to measure or clearly personalized(…).” The Customer acknowledges that the registration of a domain name with Utixo constitutes, based on the Customer’s choice of the radical and extension deemed, the provision of such a personalized good within the meaning of the above article. It follows that the Customer is expressly informed that he/she may not, by application of these provisions, exercise his/her right of withdrawal on the registration of the domain name ordered. This right may a fortiori not be exercised by the Client where the registration is renewed.
  23. Integration and changes
    The rules issued by ICANN, regulatory authorities and Registries, related to the domain name, apply as of right to these contractual relationships. Additionally, all changes in the conditions that bind Utixo with the Registry, ICANN and all regulatory authorities shall apply as of right, immediately and without prior information to the Customer who expressly accepts, to the extent that such changes are enforceable against Utixo.
  24. Disputes
    Utixo and the Registry reserve the right to put Customer’s domain name on hold during the resolution of any dispute. Utixo and the Registry reserve the right to suspend or cancel the Customer’s domain name in the event that the Customer uses the domain name to send unsolicited commercial communications, in violation of applicable law or acceptable use policies on the Internet, or if the Customer uses its domain name for an illegal activity.
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