Conditions for Domain Names in force since 01.04.2010
1.1 These Terms and Conditions set forth the Registration Agreement between you and the Romanelli Project trading as Eastitaly.com, in Italy via Don Luigi D'Agostino, 15 33030 Campoformido (UD). In this Agreement Eastitaly.com shall be referred to as "Eastitaly.com", "we", "us", "our" and you shall be referred to as "The Customer", "you" or "your".
1.2 Eastitaly.com operates as a supplier of domain names to the Internet community. By opening a Eastitaly.com account and registering a domain name through us, whether for your own use or as an agent or person who uses us to register domains on behalf of a third party, you acknowledge and agree that you have read and understood these Terms and Conditions and you agree to accept these Terms and Conditions as binding upon you. By registering a domain name through us as agent or person who uses us to register domains on behalf of a third party, you warrant that you are authorised to act in that behalf and you further accept these Terms and Conditions as agent for and on behalf of that third party, so that such third party is bound by the same.
1.3 "Registration Agreement" where used in these Terms and Conditions means the contract for the supply of a domain name/domain names between you and us, which incorporates these Terms and Conditions.
1.4 "Eastitaly.com Account Holder" where used in these Terms and Conditions shall mean a Customer who has agreed to these Terms and Conditions.
1.5 "Account" where used in these Terms and Conditions shall mean a credit balance maintained in the books of Eastitaly.com representing a sum in cleared funds available for the purchase of domain names on the Customer's behalf. Eastitaly.com shall be authorised to debit from the amount standing to the credit of the Account at any time the fees payable in respect of any domain names the Customer has notified to Eastitaly.com in writing that it wishes to purchase. Eastitaly.com shall not be required to hold monies in accounts separately from its general funds nor shall it be under a trustee or other fiduciary relationship in respect of the same.
1.6 "writing" "written" and cognate expressions where used in these Terms and Conditions shall include all material expressed or transmitted in electronic form. Any notice or information relating to the performance of the Registration Agreement which is sent by us using electronic mail to the last electronic mail address notified by you to us, will be deemed (subject to contrary proof) to have been duly served on you unless we are notified by our email systems that it has not been duly delivered.
1.7 "Consumer" where used in these Terms and Conditions means any Customer who is not registering or intending to use the domain name(s) in the course of a business, trade or profession.
2) REGISTRY SPECIFIC TERMS
2.1 The service to be provided by Eastitaly.com under the Registration Agreement facilitates the registration of your selected domain name(s) with the Registry Operator responsible for issuing domain registrations of your chosen domain type. By using the Eastitaly.com service to register your domain name(s) you shall be bound by any clause referred to in a link below which is specific to the Registry Operator responsible for your chosen domain type(s) (in addition to being bound by clauses 1 to 22 inclusive of these Terms and Conditions, which shall apply as extended, modified or varied by the Registry specific clause(s) which are binding upon you).
2.2 The clauses specific to Registry Operators not used to register your domain name(s) shall not be binding upon you.
2.3 Any Registry specific clause listed above which is binding upon you shall be incorporated in the Registration Agreement for as long as you maintain any registration with that Registry Operator.
2.4 You acknowledge and agree that any Registry Operator used to register your selected domain name(s) shall have the right to enforce directly against you the provisions of the clause listed above which is specific to that Registry Operator.
2.5 Where there is any conflict or inconsistency between any of the provisions of any of the Registry specific clauses which are binding upon you and any of the provisions of any of clauses 1 to 22 of these Terms and Conditions, the relevant provision(s) of the Registry specific clause shall take precedence.
3) E-MAIL FORWARDING
3.1 Eastitaly.com may make available to you upon your request a catch-all mailbox service and/or an individual mailbox forwarding service, in respect of any domain name you register through us. You can opt to be provided with either or both of these services by modifying your account to set up these services. By doing so you represent and warrant that you have the right to authorise the forwarding of e-mails involved in the service(s) requested.
3.2 The catch-all mailbox service: You acknowledge and agree that in the event that you subscribe to the catch-all mailbox service, any electronic mail sent to the e-mail box of any user of your domain name for which you have set up this service (e.g. firstname.lastname@example.org) will also be sent to the e-mail box set up for the catch-all mailbox service. You further acknowledge and agree that in the event that your domain name registration is terminated, any future registrant of your terminated domain name that subscribes to the catch-all mailbox service with us may receive e-mails intended for receipt by you or a former user of your e-mail service, and you agree that Eastitaly.com shall have no liability for any loss or damage whether direct or indirect in respect thereof.
3.3 The individual mailbox forwarding service: This is a service whereby any e-mails sent to the e-mail box of any domain name(s) for which you have selected this service (and which has/have been registered through us) may be forwarded to one or more other individual e-mail addresses/accounts belonging to you.
3.4 You warrant that you will not and neither will you suffer or permit any other party to use either the catch-all mailbox service or the individual mailbox forwarding service:
a) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junkmail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list; or
b) in any way whatsoever which would contravene any applicable legislation or the generally accepted rules for Internet and e-mail usage.
3.5 You shall have sole responsibility for notifying us that any e-mail forwarding service provided to you hereunder should be terminated or changed in any way (in the event of termination of the domain registration or any changes in the e-mail addresses, for which the service is set up) and for notifying all such third parties as may be necessary of any changes to or discontinuation of any of your e-mail addresses. Eastitaly.com shall have no liability for any loss or damage whatsoever which arises directly or indirectly from your failure to make any such notifications.
3.6 You shall indemnify and keep Eastitaly.com fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of your obligations under this clause 3.
3.7 Because these e-mail forwarding services are free of charge, we reserve the right to terminate their provision to you by giving thirty (30) days written notice to you. Eastitaly.com shall have no obligation to provide either of the services in respect of any domain name after termination (howsoever arising) of the Registration Agreement in respect of such domain name.
4) URL FORWARDING
4.1 Eastitaly.com may make available to you upon your request a URL forwarding service in respect of the domain name(s) you register through us. This service comprises the automatic forwarding of Internet users who type in your domain name on the address bar of their Internet browser, to another domain name designated by you. You can opt to be provided with this service by modifying your account to set up this service in respect of your chosen domain name(s). By opting for this URL forwarding service you represent and warrant that you have the right to authorise such forwarding.
4.2 Without prejudice to any other rights or remedies which Eastitaly.com may have, you agree that we have the right at our sole discretion to suspend or terminate your URL forwarding service without notice to you in the event of any breach of any of your obligations under this clause 4, or if we determine in our sole discretion that your service is being used for any unlawful or harmful purpose, or is forwarding users to a website or URL which is inappropriate or offensive, or in order to deal with any complaint from any third party in relation to any URL forwarding involved in your URL forwarding service.
4.3 You shall indemnify and keep Eastitaly.com fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of your obligations under this clause 4.
4.4 Because this URL forwarding service is free of charge, we reserve the right to terminate its provision to you by giving thirty (30) days written notice to you. This clause 4.4 does not affect our rights to terminate under clause 4.2 above and for the avoidance of doubt, Eastitaly.com shall have no obligation to provide the service in respect of any domain name after termination (howsoever arising) of the Registration Agreement in respect of such domain name.
4.5 All domain names registered through Eastitaly.com that use Eastitaly.com nameservers are pointed to a "Coming Soon" Web page which informs visitors that the registrant has recently registered their domain name via Eastitaly.com. The "Coming Soon" Web page may be modified at any time by Eastitaly.com without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Eastitaly.com, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a "Coming Soon" Web page, please change the nameservers on your domain name to use alternative nameservers than those of Eastitaly.com or use your Eastitaly.com account to opt-out of the "coming soon" web page for each of your domain names.
5) THE CUSTOMER'S SECURITY RESPONSIBILITES
5.1 Once you have completed the sign-up process to the Eastitaly.com service, you will be given an account number and password. You agree to keep safe your password, account number and all contact handle information (together "Security Information") in relation to the Eastitaly.com service. You acknowledge that allowing a third party access to any Security Information may compromise the security of Domain Registrant details, credit card details and account information. You agree to indemnify Eastitaly.com and hold it harmless in respect of all damages, losses, expenses or costs incurred as a direct result of a compromise in security attributable to you or your having made available Security Information to a third party, whether intentionally or otherwise.
6) FEES & PAYMENTS
6.1 You agree to pay Eastitaly.com' fees as specified at the time of purchase in the price list on its web site at http://www.Eastitaly.com for any domain names you select. In applying for the registration of a domain name, you agree to check its availability for registration and the domain name registration details. All fees for any domain names purchased through the Eastitaly.com service are due immediately and we are entitled to deduct the same from your Account forthwith. You will not be eligible for any refund in whole or in part once payment has been taken during the registration process and the domain name has been submitted by us for registration, except as otherwise provided under these Terms and Conditions. Please see clause 17 on your right to cancel and claim a refund if you are a Consumer.
6.2 All payments made to your Eastitaly.com Account will be used to purchase domain names on your request at a time convenient to you. No domain names can be purchased without sufficient funds in your Account to cover the cost of your purchase and Eastitaly.com will not be obliged to make any application or reserve or seek to reserve any name unless the Account is in credit for the funds required and shall not be liable for any failure to make or delay in making any application because we are awaiting a deposit of funds into your Account. No funds will be credited to your Account until they have been cleared and made available to Eastitaly.com whether this be via credit or debit card or wire or funds transfer from your bank account.
7.1 Unless sooner terminated in accordance with these Terms and Conditions, the Registration Agreement shall be deemed to last, in respect of each domain registered by you, until three hundred and sixty five (365) days from the date of registration multiplied by the number of years for which the domain registered by us on your behalf has been registered. In any such registration period when a leap year forms part of the period then one (1) day must be added for each occurrence of the leap year within such period.
7.2 On or before expiry of the registration period you (or one of the appropriate contacts notified by you) will (provided that you are not in breach of these Terms and Conditions) be given the opportunity to renew your registration for units of one year up to a maximum of 10 years on our standard terms and conditions of service applicable at that time. Any domain name renewals carried out by us on your behalf will be subject to our associated fees as set out in the price list described in clause 6.1. If you elect to renew after the registration period has expired, Eastitaly.com cannot be responsible if any domain names have become unavailable during the period between your registration lapsing and your electing to renew your service with us.
7.3 You agree that we may allow you to renew your domain name after its expiration date, but that once the expiration date has passed we are under no obligation to do so. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to a web site designated by Eastitaly.com, which may include, without limitation, an "under construction" or other temporary page that may include promotions and advertisements for Eastitaly.com and/or third party product and service offerings, and you agree that we may place our contact information in the expired domain’s WHOIS record.
7.4 Should you fail to renew your domain name prior to a 10 (ten) day grace period, you agree that we may, in our sole discretion, delete the domain name registration, or on your behalf renew and transfer the domain name to a third party buyer identified by us (such a transaction is hereinafter referred to as a “Post Term Renewal and Transfer”).
7.5 If you are registering a domain name through a backorder service and that domain name was registered with, and not yet deleted, by Eastitaly.com at the time your order was fulfilled, you acknowledge and agree that since the registration is the result of a Post Term Transfer, the domain registration will necessarily be for a period of one year from the original expiration date for the domain prior to your purchase. If you are registering a domain name through a backorder service and the domain name was not registered with Eastitaly.com at the time your order was fulfilled but was deleted by the applicable domain registry and then registered by Eastitaly.com on your behalf, you agree that your registration will be for a period of one year from the date the name was registered by Eastitaly.com.
8) ACCOUNT INFORMATION AND PERSONAL DATA
8.1 The account number and password made available by us to you on agreeing to the provision of our services must be used to access your account to make modifications to the domain contact details submitted by you, promptly on any change in these details. You will be responsible in all instances for ensuring that the information which you enter into your account is true and accurate and to monitor the information and update it so as to ensure its continued accuracy. Your wilful provision of inaccurate or unreliable information, wilful failure promptly to update information provided to Eastitaly.com, or your failure to respond for over fifteen calendar days to inquiries by Eastitaly.com concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this contract and be a basis for cancellation of the domain name registration. Eastitaly.com cannot and will not be held accountable in respect of the deletion or non-renewal of any domain name which was caused through incorrect information provided by you or on your behalf or by your inaccurate maintenance of your account and domain information.
8.2 Eastitaly.com agrees to hold all account information in a format that it deems appropriate in order to fulfil our obligation to you as a registrar. All information held, will be used in accordance with our privacy statement and for the "day to day" activities, which allow us to provide the Eastitaly.com service to you.
8.3 All reasonable endeavours will be made to maintain security of your account information and to ensure that it is used only for the purpose of providing the Eastitaly.com service to you.
8.4 You agree to protect and hold harmless and keep Eastitaly.com fully indemnified from and against any and all liability arising out of any failure by you to provide information (during the registration or account maintenance process) in accordance with these Terms and Conditions. You agree to seek permission from any party concerned to supply their personal information to us for the purpose of maintaining accurate contact information on the Eastitaly.com domain contact database and to include such information and make the same available to us only in accordance with the provisions of the Data Protection Act 1998.
8.5 You hereby grant Eastitaly.com permission to disclose through a publicly accessible database the following registrar mandatory information: the domain name; your name and postal address; the name(s), postal address(es), e-mail address(es), telephone number and where available fax number(s) of the technical, administrative and billing contacts for your domain name; the Internet protocol numbers of the primary and secondary name server(s); the corresponding names of those name servers; the original domain name creation date; and the expiration date of the registration. Eastitaly.com is required by ICANN to make all information available in bulk to third parties, who agree not to use it in the bulk transmission of unsolicited e-mail and high volume, automated electronic processes that are used in conjunction with our systems to register domain names unless you expressly opt out of this bulk disclosure requirement during the Eastitaly.com' domain name registration process.
9) THIRD PARTY PURCHASES
9.1 You agree that in the event that a domain name is purchased through the Eastitaly.com service by your agent (e.g. Internet Service Provider, web designer, employee, etc.) on your behalf, you are nonetheless bound by all of these Terms and Conditions.
9.2 By using an agent you accept (as between yourself and Eastitaly.com) full responsibility for any errors or omissions arising out of your agent's negligence at the time of registration or during the modification of contact information in relation to each domain name purchased through your agent. No refunds will be given whatsoever to you or your agent where such negligence has occurred.
9.3 Where you purchase any domain name through us as an agent for any third party, you warrant that you have authority to act as such agent, you agree that you will inform the end user customer of the contents of these Terms and Conditions and procure from him or her in advance the authority to bind him or her to these Terms and Conditions and that you will indemnify Eastitaly.com against any costs, claims, damages and expenses arising out of or by reason of any breach of this clause by you.
9.4 You agree to indemnify, defend and hold harmless any domain name registry used by Eastitaly.com to register your domain name, including Verisign Registry, Afilias Registry, NeuLevel Registry, and Public Interest Registry and its subcontractors and the members, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses including reasonable legal fees and expenses which it may suffer or incur arising out of or relating to your domain name registration. This indemnification obligation shall survive the termination or expiration of this registration agreement.
10) DOMAIN NAME DISPUTE POLICY
10.1 When you register or have registered on your behalf a domain name through the Eastitaly.com service you agree to be bound by our current Domain Name Dispute Policy located at http://www.Eastitaly.com . Eastitaly.com has adopted the ICANN Formulated Uniform Dispute Resolution Policy, but you hereby agree that Eastitaly.com shall have the ability to change this policy or introduce a new policy and to vary any future policy at its discretion by giving 30 calendar days notice on your account homepage. You agree that if the Domain Name Dispute Policy is modified during the term of your registration, you will be bound by its new contents. You acknowledge that if you do not agree to any such modifications, then your only remedy will be to terminate the Registration Agreement within such 30 day notice period by notice in writing to us forthwith, without refund. Any unused portion of credit funds available in your Account will be refunded in these circumstances. The purpose of the UDRP is to set forth the terms and conditions which shall govern a dispute between a registrant and any other party (expressly excluding the Registry Operator for the domain in question and Eastitaly.com) over the registration and use of a domain name registered by a registrant.
11) DOMAIN NAME DISPUTES
11.1 By using the Eastitaly.com service you agree to be subject to the provisions set forth in our Domain Name Dispute Policy from time to time applying, which is hereby incorporated in the Registration Agreement. Should any third party dispute your right to any domain name registered by us for you or on your behalf, Eastitaly.com is given full rights by you to suspend during a dispute the ability to make modifications to the domain contact details. Full rights to modify such details will only be re-instated once proof has been supplied by both parties to the dispute or an administrative or judicial body that the dispute has been resolved and, if such administrative or judicial body requires the cancellation or transfer to any third party of the domain name in dispute or modification of any details relating to the domain name, then you agree to our carrying out such cancellation, transfer or modification without liability or refund of any monies to you. By making use of our Domain Name Dispute Policy, you agree to indemnify and hold harmless Eastitaly.com from any litigation arising out of a dispute as to the ownership or use of any domain name, save for any litigation which is wholly attributable to the serious negligence or wilful default of Eastitaly.com.
12) LIMITATION OF LIABILITY
12.1 Save as expressly set out in the remainder of this clause 12, Eastitaly.com' entire liability with respect to a breach of these Terms and Conditions or to its negligence or any other liability is solely limited to five (5) times the fees paid by you for the service you purchased.
12.2 Eastitaly.com shall not be liable for any loss of profits, loss of business, loss of revenue or other type of economic loss or for indirect, incidental or consequential damages arising out of the use of the Eastitaly.com service, whether caused by negligence or otherwise.
12.3 Nothing in this clause shall be taken to exclude or limit the liability of Eastitaly.com for death or personal injury resulting from its negligence or for any other liability which cannot validly be excluded by law.
12.4 Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
12.5 Eastitaly.com shall not be liable to you or be deemed to be in breach of the Registration Agreement by reason of any delay in performing, or any failure to perform, any of our obligations hereunder, if the delay or failure was due to any cause beyond our reasonable control, which shall include but not be limited to any decision of any Registry Operator. 13) GUARANTEE OF OWNERSHIP & USAGE
13.1 You agree that by registering your domain name through the Total Registration service that this does not guarantee ownership of the domain name and that Eastitaly.com cannot and does not purport to grant rights in respect of domain names that are more extensive or different in nature to those stated by ICANN or other Naming Committee bodies or found by applicable law to exist in domain names. Further, you acknowledge that your domain name may be objected to by a third party or court of law and therefore the rights to the name may be cancelled or transferred to another party should it be found that they have a legal right to its ownership or to object to its registration or use. Your rights in respect of the domain name shall cease in any case when the domain fees have not been received by Eastitaly.com by the due date for renewal of the name and the domain will be deemed expired and be released back into the domain pool for re-registration by another registrant. Usage of a domain name shall be unrestricted unless a domain is involved in a legal dispute or in Eastitaly.com' reasonable opinion it appears likely to be so or payment for the domain name has not been received. 14) CONFORMANCE
14.1 You agree that breach of any of your obligations under these Terms and Conditions or any contract entered into by you pursuant to any of the Registry specific clauses listed in clause 2 may result in the deletion of your domain(s) or suspension of your account with us without prejudice to the right of Eastitaly.com to terminate this Agreement in the event of material breach on your part or any other rights or remedies which Eastitaly.com may have. No refunds will be given in the event of any termination, suspension or deletion falling within this clause.
15) REPRESENTATIONS & WARRANTIES & INDEMNITY
15.1 You agree and warrant that; the information you supply or your agent supplies on your behalf for the purpose of completing the domain name registration process through Eastitaly.com is true and accurate to the best of your knowledge and belief; to the best of your belief, the registration of your domain name or the manner in which you intend to use the domain name does not or will not directly or indirectly compromise the legal rights of any third party; you have the power and authority to enter into the Registration Agreement and to perform the obligations herein; and that the use of the Eastitaly.com service is solely at your own risk.
15.2 You shall pay us any and all reasonable costs, claims and expenses arising out of any claim that your registration or use of any domain name registered through us infringes the intellectual property rights of a third party.
16) MODIFICATIONS TO THESE TERMS AND CONDITIONS
16.1 You agree that throughout the term of the Registration Agreement we hold the right to modify these Terms and Conditions by giving thirty (30) calendar days notice. Notice will be posted on the Eastitaly.com web site at http://www.eastitaly.com and may also be made available to you by such additional means as in our sole discretion we deem appropriate. You also agree that Eastitaly.com can for a valid reason change part of the services provided under the Registration Agreement by giving like notice. By continuing to use the Eastitaly.com service subsequent to any revisions or changes in effect after the thirty (30) calendar days notice period, you agree to abide and be bound by the revised Terms and Conditions.
17) TERMINATION BY US/CANCELLATION BY YOU IF YOU ARE A CONSUMER
17.1 You agree that we may terminate your contractual rights to use the Eastitaly.com service, if the information that you are required to supply to register your domain name or to sign up for a Eastitaly.com account, or pursuant to these Terms and Conditions, contains falsified or misleading information. You also agree that we may suspend, cancel or transfer your domain name registration pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name or to resolve a dispute under our dispute policy. No refund will be granted if we terminate your service under this clause.
17.2 Cancellation by you if you are a Consumer: You will not be able to cancel the Registration Agreement pursuant to The Consumer Protection (Distance Selling) Regulations 2000 (as amended, replaced or re-enacted from time to time) (right to cancel within 7 working days of the conclusion of a distance contract) once you have submitted your application for registration to us and performance of Eastitaly.com' services has begun.
18) OUR RIGHT TO REFUSE
18.1 Eastitaly.com reserves the right to refuse to register your chosen domain name or to allow you to sign-up as a Eastitaly.com Account Holder. We also reserve the right to delete your domain or sell your domain should we find a credit card charge back has been made or payment has not been received to cover the cost of the domain name registration. We will however not be liable for any losses or damages arising out of our refusal to register or deletion of your domain name registrations pursuant to this clause 18.
19) TRANSFER OF DOMAINS
19.1 You have the right to transfer your domain name registration to a third party of your choice (provided that we will not agree to a transfer whilst the domain name is the subject of legal proceedings or proceedings under the Domain Name Dispute Policy or other applicable dispute policy). All transfers must be made in accordance with the transfer procedure located in your account's in the site http://www.eastitaly.com .
20.1 If any provision of these Terms and Conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.
21) RELATIONSHIP OF PARTIES
21.1 Nothing in these Terms and Conditions shall operate to create a relationship of partnership or joint venture or principal and agent between you and us.
22.1 These Terms and Conditions shall be governed by English law. By agreeing to be bound by these Terms and Conditions you agree to submit to the exclusive jurisdiction of the English Courts except in respect of any dispute falling within the Uniform Domain Name Dispute Policy in which case such policy will determine how and according to what rules the dispute will be disposed of and for the adjudication of disputes concerning or arising from use of the domain name, the domain name registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the domain name registrant's domicile or (2) where Registrar is located.
23) Final provisions and communications
23.1 This contract cancels and supersedes any prior agreement between Eastitaly.com and the Customer in respect of the subject matter of this contract, and constitutes complete acceptance of the agreements concluded between the parties on such subject. Any modification, note or clause added to this contract shall not be valid and effective between the Parties, unless specifically and expressly approved in writing by both Parties.
23.2 The relationship between Eastitaly.com and the Customer established by these General Conditions may not be intended as a mandate, representative, collaborative, partnership relationship or other similar or equivalent contract.
23.3 Any non-fulfilment and/or behaviour of the Customer that is contrary to these Conditions, may not be considered as a dispensation to such Conditions or silent acceptance of the non-fulfilments, even if not objected by Eastitaly.com. Any failure by Eastitaly.com to exercise or assert any rights or clause of the Contract, shall not constitute a waiver of such rights or clauses.
23.4 All communications to the Customer in relation to this agreement shall be carried out by Eastitaly.com by hand, by e-mail, certified or not, by registered letter, by ordinary mail or by fax to the addresses provided by the Customer, during the order, and, consequently, they will be considered acknowledged. Any changes to the address of the Customer not properly notified to Eastitaly.com shall not be opposable to Eastitaly.com. All communications you want to send to Eastitaly.comin relation to this contract must be sent to the addresses found on the website http://www.eastitaly.com .
23.5 Any inefficacy and/or invalidity, total or in part, of one or more clauses of these General Conditions shall not effect the validity of the remaining clauses, which shall be considered valid and effective.
23.6 For the cases which are not expressly set out in these General Conditions of Domains Name, the Parties shall refer to, to the extent to which this is compatible, the laws in force at the time of the contract.
23.7 Any complaints with regard to the supply of the Service ordered by the Customer, must be addressed to Eastitaly.com, via Don Luigi D'Agostino n. 15, 33030 Campoformido (Udine) Italy, and sent by registered letter within 48 (forty-eight) hours of the service failure. Eastitaly.com shall examine the complaint and provide a written reply within 60 (sixty) days from receiving it. If a complaint is particularly complex, and cannot be resolved in the terms mentioned above, Eastitaly.com shall inform the Customer within said terms on the status of the complaint.
23.8 For the cases which are not expressly set out in these General Conditions, the Parties shall refer to the laws in force.
24) COMPETENT COURT
24.1 The Court of Udine - Italy shall have jurisdiction in disputes relating to the interpretation, execution and cancellation of the Contract, except for cases in which the Customer has acted and performed this contract as a Consumer for purposes which are outside his/her business; in this case the competent Court shall be the Court located at the Customers’ place of residence, if located in the territory of the Italian state.
Clauses subject to specific approval
According to and for the purpose of articles 1341 and 1342 Civil Code, the Customer, declares to know and to accept the following clauses:
5) THE CUSTOMER'S SECURITY RESPONSIBILITES;
6) FEES & PAYMENTS;
9) THIRD PARTY PURCHASES;
11) DOMAIN NAME DISPUTES;
24) COMPETENT COURT
Informative report pursuant to article 13 of the Italian Legislative Decree 196/2003
The personal details of the Customer provided to Eastitaly.com, directly or indirectly, are processed according to the Legislative Decree 196/2003 (cod. Privacy Code), setting out provisions concerning protection of individuals and other entities with regard to the processing of personal data, therefore, such details, shall be used by Eastitaly.com for the complete and proper execution of the contract and for the fulfilments required by law or requested by the competent Authorities. Actually, the aim of the Legislative Decree 196/2003, is to guarantee that the processing of personal data be carried out with respect for the rights, fundamental freedoms and dignity of individuals. Therefore, they will be used by Eastitaly.com for the complete and correct carrying out of the contract and they will be disclosed to Third Party to defend the rights as well as to fulfil the obligations provided by law or by the rules and upon request of the competent Authorities, and their processing shall be based on the principles of correctness, lawfulness and transparency for protecting the confidentiality and the rights of the Customer and of Third parties. In accordance with article 13 of the legislative decree n.196/2003, Eastitaly.com provides the following information. The processing that Eastitaly.com intends to carry out:
a) is aimed at concluding, managing and executing the supply contracts of the requested services; to organise, manage and provide the services also through the communication of data to third parties, our providers; to perform the legal duties or other fulfilments requested by the competent Authorities;
b) shall be carried out with computerized/manual methods;
c) except for what is strictly necessary for the correct execution of this supply contract, the data shall not be communicated to other individuals, without the consent of the Customer. We also inform that the communication of the personal data is not obligatory, however it is necessary and essential in order to conclude this contract; however, a refusal may not allow Eastitaly.com to supply the Service accurately and correctly. The controller of the processing of data provided by the Customer, for the correct execution of the Contract, is Eastitaly.com located in via Don D'Agostino, 15 - 33030 Campoformido (Udine) Italy, subject to the informative document provided to the Customer relating to the registration of .it domains. The Customer may contact to the Controller of the Data Processing in order to assert his/her rights, as per section 7 of the legislative decree 196/2003, which we indicate here below:
(Right to Access Personal Data and Other Rights)
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. A data subject shall have the right to be informed:
a) of the source of the personal data;
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2);
e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State's territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain:
a) Updating, rectification or, where interested therein, integration of the data;
b) Erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys. The Customer declares to have read the Information provided by Eastitaly.com. according to Article 13 of Italian Legislative Decree 196/2003, and to give his/her consent for the processing of personal data for the purposes indicated therein. The Customer is aware that failure to provided consent to such data processing may result in the application of the regulations indicated in the above mentioned Italian Privacy Law.