Terms and Conditions
Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
Info & Policies
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Hostwebo, located at Via Matera Pasquale 14, Casoria 80026 (Na), Italy, and you. Hostwebo operates as part of the Totaliweb network under the VAT registration of Totaliweb by Antonio Maraucci. This Agreement is effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.
Hostwebo is the sole contracting entity for all customers, with its headquarters exclusively in Italy. The servers supporting the Services are primarily located in Spain.
This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (collectively, the “Services”). Whether you are simply browsing the Site or purchasing Services, your use signifies that you have read, understand, and agree to be bound by this Agreement, along with the applicable policies and agreements (including the applicable product agreements), which are incorporated herein by reference.
When your use of the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy and, if applicable, the Data Processing Addendum (“DPA”), which is incorporated into this Agreement by reference.
The Site and Services are intended for commercial or professional use. By utilizing them, you acknowledge and agree that your purpose is commercial or professional in nature.
The terms “we,” “us,” or “our” shall refer to Hostwebo. The terms “you,” “your,” “User,” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Hostwebo may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements incorporated herein, at any time. Such changes or modifications shall be effective immediately upon posting to this Site. Your continued use of this Site or the Services after such changes or modifications have been made constitutes your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
In addition, Hostwebo may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. Hostwebo assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services under the laws of Italy, the European Union, or other applicable jurisdictions.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you,” “your,” “User,” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Hostwebo finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Hostwebo shall not be liable for any loss or damage resulting from Hostwebo’s reliance on any instruction, notice, document, or communication reasonably believed by Hostwebo to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Hostwebo reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.
Sanctions
You represent and warrant that you are not ordinarily resident of, and will not use or distribute the Hostwebo Services in, any country or region subject to comprehensive sanctions by Italy, the European Union, or the United Nations, including, but not limited to, Cuba, Iran, North Korea, Russia, Syria, or any sanctioned regions in Ukraine. You further confirm that you are not included on any sanctions list, including the EU Consolidated list of persons, groups, and entities subject to financial sanctions, or any other applicable sanctions list maintained by the United Kingdom or other countries. You also confirm that you are not owned 50 percent or more, whether directly or indirectly in the aggregate, by any sanctioned individual or entity (“Sanctioned Party”), nor are you otherwise controlled by such a party.
Additionally, you agree not to use or distribute the Services, either directly or indirectly, to or for the benefit of any Sanctioned Party. If there is a change in your status or regulations that results in your inclusion on a sanctions list, or if you become owned or controlled by an entity on such a list, you are required to promptly notify Hostwebo. You agree to actively participate in sanctions screening processes, including providing all necessary information as requested by Hostwebo, and to fully cooperate in any competent authority investigation related to sanctions compliance.
In the event that Hostwebo becomes aware of your becoming subject to sanctions, Hostwebo reserves the right to terminate your use of its Services immediately and without notice. Additionally, Hostwebo retains the discretion to terminate Services if it reasonably suspects that you have links to a Sanctioned Party. You agree to indemnify and hold Hostwebo harmless against any losses, including monetary penalties and legal fees, that may arise due to your non-compliance with the aforementioned sanctions-related confirmations.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts
To access some features of this Site or use some Services, you must create an Account. You represent and warrant to Hostwebo that all information you provide when creating your Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete. If Hostwebo believes your Account information is untrue, inaccurate, outdated, or incomplete, Hostwebo reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
You are solely responsible for all activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including your customer number/login, password, and Payment Method(s). For security purposes, Hostwebo recommends changing your password at least once every six (6) months for each Account. You must notify Hostwebo immediately of any breach of security or unauthorized use of your Account. Hostwebo will not be liable for any loss you incur due to unauthorized use of your Account. However, you may be liable for any loss Hostwebo or others incur caused by your Account, whether by you, an authorized person, or an unauthorized person.
Transfer of Data Abroad
If you are visiting this Site from a country other than Italy, where our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Account Management Access (Account Sharing)
The Services allow you to grant access (depending on permissions granted) to your Hostwebo account to another Hostwebo customer. You may revoke any person’s ability to access your account at any time. By authorizing any person to access your account, you acknowledge and agree that:
- You have an established and trusted business or personal relationship with such a person;
- You voluntarily authorize such a person to access and make changes to your account;
- Depending on the permissions granted, such a person may be able to view personal information that you have provided in your account, including billing information (but excluding full payment method information);
- Such a person will be able to access your account as it is on the day of granting access and also access any future changes thereof (e.g., if access to certain hosting is granted, such a person will be able to access any future add-on domains of such hosting);
- If you separately agree (allow) that such a person would contact Customer Support on your behalf, such a person will be able to contact our Customer Support, receive information, and/or manage services on your behalf using our Customer Support and access your chat history (including any personal and other information contained therein). Note that such a person will not be allowed to perform certain actions, such as view or change your account credentials (like your password), delete your account, or invite others to access your account.
You assume full legal and financial responsibility (and undertake to fully release Hostwebo from any related liability) concerning your decision to grant access to your account to any person or concerning any actions such a person may take or fail to take regarding your account.
By requesting access to the Hostwebo account of another customer, a Hostwebo customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access.
Please note that Hostwebo is not involved in the actual contract between a Hostwebo customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such a dispute directly with the individual you are in contract with.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for various reasons, including, but not limited to, equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake, or causes beyond our reasonable control such as interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party regarding it.
From time to time, Hostwebo may offer new Services (limited preview services or new features to existing Services) in a pre-release version. These shall be known as “Beta Services.” If you elect to use any Beta Services, then your use is subject to the following terms and conditions:
- You acknowledge and agree that the Beta Services are pre-release versions and may not work properly;
- You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures;
- The Beta Services are provided AS-IS, so we do not recommend using them in production or mission-critical environments;
- Hostwebo reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;
- Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;
- Hostwebo may limit the availability of customer service support time dedicated to supporting the Beta Services;
- You agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. We may use your feedback for any purpose, including product development. You also agree to provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Hostwebo;
- You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential and may not be disclosed to a third party or used for any purpose other than providing feedback to Hostwebo;
- The Beta Services are provided “as is,” “as available,” and “with all faults.” To the fullest extent permitted by law, Hostwebo disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Hostwebo. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
The Services do not support all local languages. If a local language is not supported, the Service will default to English only. To the extent that the Services are used with a local language (other than English) or in a certain country, there may be limitations to certain features or functionality within the Service or services provided by third parties (e.g., payment methods).
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
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Your use of this Site and the Services, including any content you submit, will be for commercial or professional use, and will comply with this Agreement and all applicable local, national, European Union, and international laws, rules, and regulations.
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You will not collect or harvest (or permit anyone else to collect or harvest) any User Content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
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You will not use this Site or the Services in a manner (as determined by Hostwebo in its sole and absolute discretion) that:
- Is illegal or promotes or encourages illegal activity;
- Promotes, encourages, or engages in child pornography or the exploitation of children;
- Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services provided by Hostwebo;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners, or other code, files, or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Hostwebo or Hostwebo’s Services.
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You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Hostwebo.
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You will not modify or alter any part of this Site or the Services or any of its related technologies.
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You will not access Hostwebo Content or User Content through any technology or means other than through this Site itself, or as Hostwebo may designate.
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You agree to back up all of your User Content so that you can access and use it when needed. Hostwebo does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
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You will not re-sell or provide the Services for a commercial purpose, including any of Hostwebo’s related technologies, without Hostwebo’s express prior written consent.
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You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
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You are aware that Hostwebo may from time to time call you about your account. You will be informed about such recording, its purposes, and any other information as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Hostwebo is a party.
Hostwebo reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees, at any time.
6. YOUR USE OF Hostwebo CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of Hostwebo Content and User Content posted to Hostwebo’s corporate websites (i.e., those sites which Hostwebo directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Hostwebo Content
Except for User Content and User Intellectual Property, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, artwork, graphics, website templates, themes and widgets, literary work, computer code (including HTML), applications and other media, designs, animations, interfaces, derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, customized URLs, and all copyrightable materials (“Hostwebo Content”), are owned by or licensed to Hostwebo in perpetuity and are subject to copyright, trademark, and/or patent protection in Italy, the European Union, and other countries.
Hostwebo Content is provided to you “as is,” “as available,” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Hostwebo. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Hostwebo reserves all rights not expressly granted in and to the Hostwebo Content, this Site, and the Services, and this Agreement does not transfer ownership of any of these rights. However, Hostwebo hereby grants the User a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Hostwebo Content for the purpose of generating and displaying websites created through relevant Services provided by Hostwebo, solely as expressly permitted under these terms and conditions, and solely within the relevant Services. For the avoidance of doubt, if certain Hostwebo Content is provided (bundled) with a certain Services plan, the User is allowed to use such Hostwebo Content solely within the relevant Services plan.
User Content
Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account.
User Intellectual Property
User shall own all intellectual property pertaining to User Content and to any other materials created, developed, or connected to Services by the User, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text, and literary works.
By posting or publishing User Content or User Intellectual Property to this Site or to the Services, you represent and warrant to Hostwebo that (i) you have all necessary rights to distribute User Content or User Intellectual Property via this Site or via the Services, either because you are the author of the User Content or User Intellectual Property and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content or User Intellectual Property, and (ii) the User Content or User Intellectual Property does not violate the rights of any third party. User shall be solely responsible for any and all consequences (including any damages) and requirements for using User Content or User Intellectual Property.
Security
You agree not to circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Hostwebo Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Hostwebo Content, or the User Content therein.
7. HOSTWEBO’S USE OF USER CONTENT
The provisions in this Section apply specifically to Hostwebo’s use of User Content posted to Hostwebo’s corporate websites (i.e., those sites which Hostwebo directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions
You acknowledge and agree that:
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Your User Submissions are entirely voluntary.
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Your User Submissions do not establish a confidential relationship or obligate Hostwebo to treat your User Submissions as confidential or secret.
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Hostwebo has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
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Hostwebo may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken or will take some other action.
Hostwebo shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.
With Respect to User Content (Other Than User Submissions)
If you have a website or other content hosted by Hostwebo, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize Hostwebo to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Hostwebo a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services, and Hostwebo’s (and Hostwebo’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Hostwebo may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Hostwebo shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Hostwebo’s (or Hostwebo’s affiliates’) business(es).
8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Hostwebo generally does not pre-screen User Content (whether posted to a website hosted by Hostwebo or posted to this Site). However, Hostwebo reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Hostwebo may remove any item of User Content (whether posted to a website hosted by Hostwebo or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Hostwebo in its sole and absolute discretion), at any time and without prior notice.
Hostwebo may also terminate a User’s access to this Site, the Services, or the Account (at Hostwebo’s sole discretion) without notice if: (i) Hostwebo notices or is informed that the Site or the Services are used in a manner that promotes, encourages, or engages in child pornography, the exploitation of children, or terrorism, or (ii) Hostwebo has reason to believe the User is a repeat offender. If Hostwebo terminates your access to this Site, Services, or the Account, Hostwebo may, in its sole and absolute discretion, remove and destroy any data and files, including backup copies, stored by you on its servers. Please note that using one Service for illegal activity mentioned herein does not limit Hostwebo’s right to terminate the User’s Account.
9. ADDITIONAL RESERVATION OF RIGHTS
Hostwebo expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Hostwebo in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Hostwebo in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, to prevent activities that threaten the stability of our network and/or servers, (iv) to comply with court orders against you and/or your domain name or website and applicable local, national, European Union, and international laws, rules, and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Hostwebo, its officers, directors, employees, and agents, as well as Hostwebo’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Hostwebo.
Hostwebo expressly reserves the right to terminate, without notice to you, any and all Services where, in Hostwebo’s sole discretion, you are harassing or threatening Hostwebo and/or any of Hostwebo’s employees.
Hostwebo expressly reserves the right to access, edit, and/or in any other way modify your Account and/or Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email, or ticketing system, or any other way described in the Customer Service Policy. Hostwebo shall not be liable for any loss or damage resulting from such actions.
10. NO SPAM; LIQUIDATED DAMAGES
No Spam
Hostwebo does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected of using our products and services for sending spam are fully investigated. If we determine there is a problem with spam, we will take appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (also known as “adware” or “spyware” messages)
- Instant messages (using platforms like AOL, MSN, Yahoo, or others)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. To use our products and services, you must not only abide by all applicable laws and regulations but also adhere to this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by Hostwebo, conclusive proof of opt-in may be required for an email address or fax number.
If we determine that services are being used in association with spam, we may redirect, suspend, or cancel any website hosting, domain registration, email boxes, or other applicable services until the customer responds. The registrant or customer will be required to respond by email to Hostwebo stating that they will cease to send spam and/or have spam sent on their behalf. If we determine that the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email to abuse@hostwebo.com.
Liquidated Damages
You agree that Hostwebo may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
11. TRADEMARK AND/OR COPYRIGHT CLAIMS
Hostwebo supports the protection of intellectual property. If you would like to submit (i) a trademark claim for the violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Hostwebo’s Trademark and/or Copyright Infringement Policy.
12. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Hostwebo. Hostwebo assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Hostwebo does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Hostwebo from any and all liability arising from your use of any third-party website. Accordingly, Hostwebo encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
13. AUTOMATED CONTENT
Hostwebo may utilize artificial intelligence tools (“AI Tools”) that process your Content (“Input”) to assist in creating text, logos, business names, or other content (e.g., AI Writer). You are responsible for any generated output returned by these AI Tools based on your Input (“Output”) to create text, logos, or other content as part of the design process for use in your Services. You are responsible for reviewing your Output to ensure it complies with applicable laws and Terms of Services. You authorize Hostwebo and/or third parties Hostwebo uses who provide AI Tools to store and use your Input as part of the design process for machine learning models to develop and continuously improve such features and/or to review for abuse or misuse. Therefore, you should not upload sensitive and personal data. Also, any Outputs, including text, logos, icons, fonts, names, slogans, have not been reviewed for accuracy, bias, or intellectual property clearance. Hostwebo makes no representation, warranty, or guarantee as to the accuracy, reliability, or whether Output may infringe on third-party intellectual property rights. You should review the Output accordingly and should seek independent professional legal advice before you rely on any auto-generated Output. Your intellectual property rights to Input and corresponding Output may differ according to applicable laws.
14. LIMITED WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. HOSTWEBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOSTWEBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, AND HOSTWEBO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HOSTWEBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER, CHATBOT OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL HOSTWEBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (REGARDLESS OF WHETHER THEY HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING).
THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES THAT MAY RESULT FROM:
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES PROVIDED ON THIS SITE (INCLUDING AVAILABLE THROUGH YOUR ACCOUNT) OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
(IV) POTENTIAL LOSS OF BUSINESS, REVENUE, PROFITS, OPPORTUNITIES, OR ANY OTHER BUSINESS-RELATED LOSSES, PERSONAL INJURY, OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY LOSS OF DATA, WHETHER DUE TO HARDWARE FAILURE, SOFTWARE ISSUES, UNAUTHORIZED ACCESS, OR ANY OTHER UNFORESEEN CIRCUMSTANCES,
(VIII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
(IX) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE,
(X) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE, OR OTHERWISE OBJECTIONABLE, AND/OR
(XI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HOSTWEBO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL HOSTWEBO’S TOTAL AGGREGATE LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE WHICH GAVE RISE TO SUCH DAMAGES DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OCCURRED OR 10,000 EUR, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
16. INDEMNITY
You agree to protect, defend, indemnify, and hold harmless Hostwebo, its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Hostwebo directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
17. DISCONTINUED SERVICES; END OF LIFE POLICY
Hostwebo reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Hostwebo makes great efforts to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Hostwebo in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date or by entirely ceasing reliance on said Service before the EOL date. In either case, Hostwebo will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Hostwebo in its sole and absolute discretion. Hostwebo may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Hostwebo will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
18. FEES AND PAYMENTS
You agree that your Payment Method may be processed by Stripe or PayPal, depending on your selection at checkout. Hostwebo, a part of the Totaliweb network and managed under the VAT registration of Antonio Maraucci’s Totaliweb, located at Via Matera Pasquale 14, Casoria 80026 (Na), Italy, handles these transactions. All payments are processed in compliance with Italian and European data protection laws.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
By purchasing our Services, you agree to provide correct and complete payment information, including any necessary details for tax exemptions (e.g., VAT/GST number). Claims or requests must be made within 30 days of purchase unless otherwise provided by applicable law.
For automatic payments, you must designate a primary payment method, with an option to add a backup method. If the primary method fails, charges will automatically be made to the backup method to ensure uninterrupted Services.
You agree to pay all fees due for Services purchased or obtained at this Site at the time of order. Prices and fees are non-refundable unless noted in the Refund Policy. Hostwebo reserves the right to change or modify prices and fees at any time, effective immediately upon posting to this Site. Changes to fees for pre-purchased Services will apply upon renewal.
Services may be paid for using various “Payment Methods,” including credit cards, PayPal, and Stripe. Refunds, where applicable, are processed to your Payment Method; however, Hostwebo has no control over when refunds are posted by your payment provider.
Hostwebo offers an automatic renewal option to avoid service interruption. Unless you disable this feature, your Services will automatically renew at the end of each term, with fees charged to your Payment Method on file. Renewal settings can be managed through your account. If payment is unsuccessful, you may experience a service interruption, for which Hostwebo is not liable.
Hostwebo may participate in recurring billing programs or account updater services supported by your credit card provider, allowing for automatic updates to your payment information. It is your responsibility to maintain current payment details.
Should Hostwebo be unable to process payment, or if a chargeback or dispute occurs, Hostwebo may cancel or suspend Services without notice. Administrative fees may apply for additional services or tasks outside the normal scope of Services.
Transactions may be processed in different currencies, and exchange rates may fluctuate. Hostwebo is not liable for any discrepancies in currency conversion rates or any associated fees.
Refund Policy: Eligible products and services for refunds are outlined in our Refund Policy. Refund requests must be made within 30 days of purchase. If a product includes a free domain name and is canceled, the domain name’s list price will be deducted from the refund.
In no case will more than one refund be issued for the same product.
(B) PAY BY PAYPAL
By using Hostwebo’s PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Hostwebo shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Hostwebo may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
(C) INTERNATIONAL PAYMENT OPTIONS
Hostwebo offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Hostwebo. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account), or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Hostwebo.
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Hostwebo shall be liable to you or any third party regarding the same. You acknowledge that Hostwebo will not attempt to fulfill the Services purchased by you until Hostwebo receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Hostwebo does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be canceled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Hostwebo account. Payments received on previously canceled orders will be automatically refunded to the original Payment Method when possible.
If, at the time Hostwebo receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been canceled in our systems; or (iii) the confirmation of payment does not match the amount of the pending order, and as a result your purchase is either over-funded or under-funded, Hostwebo may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Hostwebo reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Hostwebo will be net of the IPP Fees unless otherwise specified.
(D) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains an in-store credit balance, you hereby authorize Hostwebo to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that your primary Payment Method fails for an automated billing in connection with the processing of any Service renewals, Hostwebo may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Hostwebo is not responsible for the loss of products resulting from an inability to collect funds from your primary Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Hostwebo’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Hostwebo may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.
You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the Hostwebo website. You acknowledge that in-store credit balances are non-transferable, may only be used in the Account in which they were acquired, and may expire. Complimentary in-store credits will expire two years after issuance. In the event that Hostwebo terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will be held by Hostwebo and will not accrue or pay interest on your behalf. To the extent any interest may accrue, you understand and agree that Hostwebo shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
(E) CRYPTOCURRENCIES, TOKENS, AND DIGITAL ASSETS
Unless stated otherwise, the following words refer to blockchain-based software ledger data entries: “digital asset,” “asset,” “coin,” “cryptocurrency,” “ledger entry,” “altcoin,” and “token.”
Hostwebo offers a variety of cryptocurrencies, tokens, and digital assets payment options through a Cryptocurrency Payment Provider (“CPP”). In the event you select a CPP, you represent that you have already agreed to any and all of the CPP’s applicable customer service agreements in advance of completing your transaction at Hostwebo. You also agree to allow the CPP to debit the full amount of your purchase from your selected Funding Sources (including but not limited to bank accounts, e-wallet accounts, prepaid cards, and mobile payments). Additionally, you agree to allow the selected CPP to debit, if applicable, an “Exchange Rate Conversion Fee,” as well as any other fees or charges applicable to your agreement with the CPP (collectively, the “CPP Fees”), from your Funding Sources. You understand and agree that CPP Fees are subject to change at any time by the CPP without notice to you by Hostwebo.
You acknowledge and agree that (i) the CPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the CPP nor Hostwebo shall be liable to you or any third party regarding the same. You acknowledge that Hostwebo will not attempt to fulfill the Services purchased by you until Hostwebo receives confirmation of payment from the CPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the CPP confirms payment through its associated payment processor. If Hostwebo does not receive confirmation of payment from the CPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be canceled, at which time you will need to commence the purchase process again.
Hostwebo reserves the right to issue refunds to your Funding Source if (i) the Services (including domain names) are no longer available for purchase; (ii) a pending order has been canceled in our systems; or (iii) the confirmation of payment does not match the amount of the pending order, resulting in over-funding or under-funding. In such cases, Hostwebo may automatically issue a partial refund (for over-funding) or a full refund (for under-funding). If the CPP (or its associated payment processor) imposes refund limitations of any kind, Hostwebo reserves the right to issue refunds to an in-store credit balance. Any refunds issued by Hostwebo will be net of the CPP Fees unless otherwise specified.
19. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
20. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
21. COMPLIANCE WITH LOCAL LAWS
Hostwebo makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services are responsible for compliance with all local laws, rules, and regulations.
22. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed by any domain name dispute resolution policies, this Agreement shall be governed by and construed in accordance with the laws of Italy and the European Union. You agree to waive the right to trial by jury in any action or proceeding related to or arising out of this Agreement.
23. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience only and shall not be used to interpret the agreement of the parties. Each covenant and agreement in this Agreement shall be construed as a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion) of this Agreement to be illegal, invalid, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
24. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Attention to: Hostwebo
Address: Via Matera Pasquale 14, Casoria 80026 (Na), Italy
Email: compilance@hostwebo.com
This adaptation reflects your company’s details while maintaining the structure and legal language of the original terms.