Service and Usage Agreement

1) General Terms and Conditions

1.1 These terms and conditions govern the hosting service provided by KWEB LTD via the internet. The online request for service activation and the payment of the required fee constitute full acceptance of the terms described in this contract. These terms comply with the provisions of the Gibraltar General Data Protection Regulation (Gibraltar GDPR), the Data Protection Act 2004 and all other applicable regulations in the territory of Gibraltar concerning the protection of personal data and distance contracts. Any service requests not specified in the offer may be provided according to arrangements to be defined from time to time.

1.2 The hosting service provided by KWEB LTD consists of the maintenance of a domain name. Depending on the options chosen, it will be possible to add additional services related to the maintenance of a domain name, with costs established based on the additional service purchased. The client acknowledges and accepts that the execution of the service requires the use of bandwidth shared among multiple users; therefore, KWEB LTD reserves the right to limit the bandwidth available for each domain name. The client retains the right to verify the possibility of registering a domain name, whether national or international, in accordance with applicable laws.

1.3 The registration of domain names strictly follows the chronological order of requests received, subject to valid proof of payment of the service fee. KWEB LTD assumes no responsibility for the activation of the domain name or any additional services. The successful outcome of the registration request is subject to its acceptance by the competent Registration Authorities. Should a domain name appear available in the Registration Authorities' databases, it may in fact be unavailable as it is already in the process of registration but not yet added to the database.

1.4 It remains the client's obligation to ensure that the domain name complies with the rules established by each Registration Authority (permitted characters, maximum and minimum length, etc.). Should the client request the registration of an invalid domain name, the request will be refused, and the client must provide a valid domain name within no more than one month from the first registration request, failing which the paid amount will be forfeited.

1.5 KWEB LTD is not responsible and cannot in any case undertake the resolution of disputes arising from the assignment of a domain name, nor of any modifications made by the Authorities to registration procedures or related Naming rules.

1.6 For the domain registration or transfer procedure to be successful, the client must provide correct and truthful data. The client is also required to provide all material requested for the registration of a domain name, such as: in the case of a transfer request for a .it domain name from another service provider MNT to KWEB LTD, the client must send the MNT modification Letter to REG to the .it ccTLD Registry with data identical to that provided during the completion of the online request form. This letter can be found on the website http://www.nic.it/

1.7 It is the client's responsibility and care to back up published data and/or email; KWEB LTD does not perform backups of client data and/or email, and the loss, even total, of such data and/or email messages is possible in the event of faults or malfunctions. KWEB LTD disclaims any liability for unauthorised access, deletions or other occurrences on client websites.

1.8 KWEB LTD reserves the right to modify the service and change the terms of the offer at any time and without prior notice.

2) Duration

2.1 The contract is concluded when KWEB LTD receives from the client the service activation request form, accepted in its entirety, together with payment of the fee provided for the selected type of service: from this moment the contract is valid for one year or the months provided for by the type of contract chosen by the client.

2.2 Upon the expiry of the selected service, this contract shall cease to be effective, subject to renewal to be carried out before expiry by payment of the fee provided at the rates applied at the time of product activation; in this case, the contract shall be renewed for a further year, subject to the provisions of Article 2.3 below. KWEB LTD reserves the right to send notices of impending service termination to the relevant email addresses in the event of non-renewal. KWEB LTD assumes no responsibility in the event of unexpected expiry of the domain name, even if the service has been renewed, especially in the event of any errors in the renewal procedure.

2.3 In the event of transfer of the domain to another provider/maintainer, the contract shall cease to be effective on the date of completion of the transfer. Consequently, upon completion of the transfer, the website and all related services will be deactivated and the related web space deleted, with any and all reimbursement by KWEB LTD to the client for the unused period being explicitly excluded. The transfer request must be received within 30 days of the site expiry or from the issuance of the cumulative invoice issued on average 30 days in advance.

3) Services provided by KWEB LTD

The services provided by KWEB LTD are distributed in the manner and under the conditions in which they exist on the date of the service activation request, as published on the website kweb.com, which the client, by accepting these terms, explicitly declares to know and accept. KWEB LTD does not guarantee the suitability of the service for any specific function and assumes no liability in the event of damage caused to persons or property, whether directly or indirectly.

4) Client Obligations

The client undertakes:

- to not upload to the web space provided by KWEB LTD any material or portions of material covered by copyright, unless with the explicit consent of the owner of such copyright;

- to not upload to the web space provided by KWEB LTD any material or portions of material that could cause harm, whether direct or indirect, of any nature, to persons or property;

- to not disclose information to third parties that could be harmful to the image of KWEB LTD and the website kweb.com;

- to not upload to the web space provided by KWEB LTD any material or portions of material that could cause server slowdown or malfunction, in particular scripts and databases;

- to not use the services provided by KWEB LTD to send advertising content to third parties;

- to not engage in spamming, i.e. the sending, via email, of unauthorised, unsolicited and/or unrequested communications to recipients. KWEB LTD reminds that this practice is also prohibited by Gibraltar privacy legislation and by the Gibraltar GDPR. KWEB LTD further emphasises that it will consider the Client responsible even if the illegal spam activity is carried out through email addresses other than the one purchased from KWEB LTD and even indirectly involves a KWEB LTD Service or directly the technical infrastructure of KWEB LTD (for example: unauthorised promotion of a website hosted by KWEB LTD).

KWEB LTD reserves the right to immediately suspend the Service if, in its sole discretion or through a third-party report, it deems that the Client is engaging in activities violating the obligations set forth in this article. In such case, the Client, following notification also via email from KWEB LTD, must immediately remove the causes of the dispute or provide appropriate documentation proving full compliance with the applicable legislation of the activity carried out. In the event of failure to provide an immediate response, KWEB LTD shall have the right to immediately terminate the contract and suspend service provision.

To take note of the following Rules of Conduct for live chat assistance: there are no official rules of conduct, other than those dictated by common sense. There is no need to be offensive or vulgar in chat. Insults, profanity, threats, messages of an erotic nature, or any other inappropriate behaviour are not welcome. Always remember that you are not anonymous in chat and that, following a complaint, the competent authorities, with our help, can trace you at any time. This rule is extended and applied also to Nicknames (the name with which you register) and these are not permitted if offensive, vulgar or if they violate any rule.

The Technical Operators who have access to the live chat are authorised to use, at their discretion, the means they deem necessary to enforce the regulations presented herein. The Chat Server itself is programmed to intervene in the event that a user violates the Regulations. Among the possible measures, a user may be disconnected ('kicked') from the Chat or have their access to the Chat and to the website pages banned ('banned') indefinitely. This action will then be reported to the Administration of KWEB LTD with the relevant chat transcript. The judgment of the Administration is in any case indisputable and expulsion/bans may be applied even without prior notification. In the case of crimes such as defamation, slander and similar, KWEB LTD will report the offenders and their improper conduct to the judicial authorities.

The following are also prohibited:

- Running any bit torrent application, tracker, or client. The client may connect to legal off-site torrents, but may not host or store on our shared servers;

- Participating in any file-sharing/peer-to-peer activity;

- Running any game server, such as Counter-Strike, Half-Life, Battlefield 1942, etc.;

- Running cron jobs with intervals of less than 15 minutes;

- When using PHP include functions to include a local file, include the local file rather than the URL. Instead of including ('http://yourdomain.com/include.php') use ('include.php').

While our shared services are suitable for most of our clients, there comes a time for some websites when they require a larger plan that allows for more dedicated CPU and memory resources. We reserve the right, at our sole discretion, to discontinue service to any client with a website or other hosted data that consumes more than 10% of server resources and/or 10% of the server's CPU. This means that if your website is found to be using more than 10% of the service's CPU and memory, we reserve the right to take the site offline. If this becomes necessary, you may upgrade your hosting package or request a pro-rata refund of the amounts you have paid in advance for the services. Due to the severity of this situation, and our obligation to act quickly to resolve these situations to avoid server issues, we will reasonably make every effort to provide a warning before taking the site offline, but we accept no obligation to do so.

The use of more than 50,000 inodes on any shared account may potentially lead to suspension. Accounts found to exceed the 50,000 inode limit will be automatically removed from our backup system to avoid overuse. Every file (a web page, image file, email, etc.) on your account uses one inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete a large number of files on a regular basis, have hundreds of thousands of files, or cause damage to the file system, may be flagged for review and/or suspension.

In the event of a violation of one or more of the above obligations, KWEB LTD shall have the right to delete any unauthorised material uploaded and to immediately and without prior notice suspend the service, also reserving the right to terminate the contract and retain the amounts paid by the client as a penalty, without prejudice to compensation for further damage.

The client further acknowledges and accepts that in the event of a dispute with third parties regarding the registered domain name or the content of the website, KWEB LTD reserves the right to suspend the service pending resolution of the dispute, with any and all reimbursement, compensation or liability of KWEB LTD for the client's non-use of the services provided by KWEB LTD during the suspension period being explicitly excluded.

4.2 The client acknowledges and accepts that registration of the domain name involves the inclusion of the client's personal data in a publicly accessible register; the client therefore warrants that the personal data provided to KWEB LTD for the full performance of the contract are correct, up-to-date and truthful, in accordance with the Gibraltar GDPR.

However, should the client, following a specific request from KWEB LTD, fail to provide adequate proof of identity, domicile or residence, or, where applicable, their capacity as a legal representative, KWEB LTD reserves the right to refuse the registration request and, if 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 client as a penalty, without prejudice to compensation for further damage.

The client is required to promptly communicate any changes to the personal data disclosed at the time of signing up for the hosting service provided by KWEB LTD; in the absence of such notification, KWEB LTD reserves the right to suspend the service with immediate effect.

4.3 KWEB LTD and the client mutually undertake to ensure that they and their respective employees will treat as confidential any data or information known or managed in connection with the activities for the execution of the service provided by KWEB LTD via the internet.

4.4 Some services are purchased by KWEB LTD through its suppliers; the client may not have any type of relationship with KWEB LTD's suppliers under penalty of immediate deactivation of all services, termination of the contract and without prejudice to compensation for further damage, with any and all reimbursement, compensation or liability of KWEB LTD for the client's non-use of the services provided by KWEB LTD for this reason being explicitly excluded.

5) Termination

5.1 This contract shall be automatically terminated, authorising KWEB LTD to interrupt the service without any notice, should the client:

a) assign all or part of the contract to third parties without the prior written consent of KWEB LTD;

b) fail to make payment of the agreed fee;

c) act or present themselves as an agent of KWEB LTD;

d) be admitted to bankruptcy or insolvency proceedings;

e) use the services in ways other than those communicated to KWEB LTD via the internet or email.

In such cases, KWEB LTD shall have the right to retain and collect the amounts paid by the client as a penalty, without prejudice to compensation for further damage.

5.2 In the event of unlawful cancellation, withdrawal or termination by the client, KWEB LTD is authorised to retain and collect the amounts paid by the client as a penalty, without prejudice to compensation for further damage. Renewal must be carried out at least 30 days in advance.

5.3 Payments and Refunds. As consideration for the products and/or services purchased by you and provided by KWEB LTD, you agree to pay KWEB LTD at the time of order. All fees are immediately due and payable and are non-refundable unless otherwise indicated, even if the service is suspended, cancelled or transferred prior to the end of the service term. KWEB LTD expressly reserves the right to change prices by notice via email and/or notice on its website. You may receive a refund at any time for our hosting services. Refunds do not apply to domain registrations, dedicated IP addresses, or related domain registration fees. You may request a refund in money or in user credit.

5.4 Billing. If you have signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the products or services. If such date falls after the 28th of the month, then your billing date will be the 28th of each month. If you have signed up for a year (or more) and have chosen the automatic renewal option, KWEB LTD will automatically renew the services and charge the payment according to the designated payment method at the rates accepted at the time of subscription.

If for any reason KWEB LTD is unable to charge your account for the full amount due for the products and/or services provided, or if KWEB LTD pays a penalty for any priority rights, these are at your expense. You agree that KWEB LTD may exercise all available options in order to obtain payment. If you pay by credit card and, if for any reason KWEB LTD is unable to charge your credit card the full amount of the services provided, or if KWEB LTD repays any fees previously charged to the credit card you have provided, you agree that KWEB LTD may pursue all available remedies in order to obtain payment. You agree that KWEB LTD may pursue following a non-payment, including, but not limited to immediate and without notice cancellation of any domain names or products and/or services registered or renewed in your name. KWEB LTD reserves the right to collect a reasonable administrative fee for administrative activities outside of normal services, including additional costs that may be incurred in providing the services and sharing these costs with you.

5.5 Indemnification. You hereby declare for yourself and all your heirs, personal representatives, predecessors, successors and assigns, to fully acquit KWEB LTD, to release, remise, and forever discharge KWEB LTD and all affiliates of KWEB LTD, and all officers, agents, employees and representatives of KWEB LTD, and all their heirs, personal representatives, predecessors, successors and assigns, from, from and against any claim, liens, demands, cause of action, controversies, offsets, obligations, losses, damages and liabilities of any kind and character whatsoever, including, but not limited to, any omission action, misrepresentations or other basis of liability founded either in tort or contract and the functions deriving from it, whether known or unknown, relating to or arising from, or in any way connected with or arising from the products and services and your acquisition and use thereof, including, but not limited to, the provision of KWEB LTD products and/or services by KWEB LTD and its agents and employees. Furthermore, you agree to defend, indemnify and hold harmless KWEB LTD from any loss, liability, damage or expense, including legal fees, arising from any breach of any representation or warranty contained in the Agreement, any negligence or wilful misconduct on your part, or any claim that your account infringes a third party's copyright, trademark or property or intellectual property right, trade secrets or misappropriates a third party's. Such indemnification is in addition to any other indemnification claim. KWEB LTD should be notified of a pending legal action, or receive notice of filing of a legal action, KWEB LTD may request written confirmation from you of your obligation to defend, indemnify KWEB LTD. Your failure to provide such confirmation may be deemed a breach of this agreement. You agree that KWEB LTD has the right to participate in the defence of any claim, such as through legal counsel of its choice. You agree to notify KWEB LTD of such claim promptly in writing and to allow KWEB LTD to control the proceedings. You agree to cooperate fully with KWEB LTD during such proceedings.

6) Liability

6.1 KWEB LTD disclaims any liability, whether to its clients or to third parties, for delays, malfunction, suspension and/or interruption in the provision of services caused by:

a) force majeure;

b) malfunction or non-compliance of the connection equipment with which the client has equipped themselves.

6.2 KWEB LTD reminds the client that the use of services provided in collaboration with other infrastructures (national and international) is limited by the boundaries and rules established by the managers of such services, as well as by the laws in force in the countries hosting such services and by international laws on the matter.

KWEB LTD further reminds the client that technical interruptions of services due to faults and malfunctions of machines and software, whether owned by KWEB LTD or its suppliers, always remain possible. In such cases, the client shall have no claim for compensation. Clients are expressly invited not to use the services for actions that could cause economic damage to the client themselves. The very nature of internet services does not allow any guarantee of the accessibility of websites from anywhere in the world, nor of the delivery and receipt of email messages, let alone guaranteeing the privacy of email messages.

6.3 In the event of non-renewal of the domain name registration for reasons attributable to KWEB LTD, the client is aware and accepts to waive any claim and/or request for compensation for damages; the same applies to failure to register, transfer, modify mnt, change admin-c, and any related services.

7) Fees

7.1 Concurrently with the conclusion of the contract, the client undertakes to pay KWEB LTD the amount set for the requested service and any other charges required by law, unless already included in the price. The client may not assert rights or raise any objections of any kind unless they have first duly made the payments provided for in this contract.

8) Applicable Law

8.1 Competent Court: The relationship between KWEB LTD and the User, as well as these General Terms and Conditions, are governed by the law of Gibraltar. Any dispute relating to these General Terms and Conditions (interpretation, performance, termination, etc.) shall be subject to the exclusive jurisdiction of the Courts of Gibraltar. Should KWEB LTD fail to exercise its rights or legal actions available to it, this shall not constitute a waiver thereof, which shall always remain available. Should the competent court find any of the above General Terms and Conditions of Use to be invalid, such clause shall be removed from the contract, while the remaining Terms shall remain in force.

9) Final Provisions

9.1 No amendment or addition not expressly contained in this contract, unless specifically approved in writing by the parties, shall be effective.

Specific acceptance of onerous clauses

The following clauses are expressly approved, after having carefully reviewed them:

1) Terms and Conditions
2) Duration
3) Services provided by KWEB LTD
4) Client Obligations
5) Termination
6) Liability
7) Fees
8) Applicable Law
9) Final Provisions

Consent to the processing of personal data

I consent to the processing of my personal data in accordance with the provisions of the Gibraltar General Data Protection Regulation (Gibraltar GDPR) and the Data Protection Act 2004.

In order to receive written confirmation of the information displayed, pursuant to Gibraltar law on distance contracts, the client is required to print or save this page on computer media.