1. DEFINITIONS
“ComelitDNS” denotes the dynamic DNS Service offered by Comelit Group S.p.A.;
“COMELIT’” denotes the party that offers the Service;
“COMPANY” denotes Comelit Group S.p.A.;
“ USER” denotes the party that uses the Service;
“GENERAL CONDITIONS” denotes these General Conditions, which apply to all user contracts entered into by the Company;
“DATA” denotes all the information provided by the User of the Service;
“HOST” denotes the domain name;
“IP” denotes the User's public address;
2. SCOPE
2.1 These General Conditions of Use, hereinafter General Conditions (or simply “GCs”) govern the procedures and general conditions according to which the ComelitDNS Service is used by the User.
2.2 The General Conditions of Use applicable to each individual registration are those in force on the date on which the User registers.
2.3 Any deviations from these GCs and other agreements shall be deemed valid only if expressly accepted in writing by the Company.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
By subscribing to the Service, which is a pre-requisite for its activation, the User accepts the Service and all these General Conditions of Use
The User shall therefore use the Service:
in accordance with the provisions of this document;
in accordance with any rules of use of the Service;
in accordance with the applicable laws.
4. OBJECT OF THE SERVICE
The Service offered by Comelit Group S.p.A. consists in enabling registered Users to
associate a public IP address with a domain name (defined “HOST”) and therefore to access their device through the registered host.
5. OWNERSHIP OF THE CONTENT OF THE SERVICE
The ComelitDNS Service is exclusively the property of Comelit Group S.p.A., which also owns all the tools, works, illustrations, programmes, services, processes, drawings, software, technologies, brands, know-how, trade names and inventions of which the ComelitDNS Service consists.
6. PROCEDURES FOR USE
6.1 The User declares that he/she is over 18 years of age.
6.2 The User shall be the sole party responsible for the use of the Service. All Users shall also be responsible for the use of the Service by third parties, and must ensure that such third parties comply with these General Conditions;
6.3 The User shall comply with the laws in force in the country in which he/she uses the Service.
6.4 The User may use the Service exclusively for Comelit Group S.p.A. products Any other use is prohibited.
6.5 The Service must be used in such a way that no interference or anomalies are caused to it.
6.6 The User undertakes to use the Service exclusively for Comelit Group S.p.a. products and for solely personal use.
6.7 The sole purpose of the Service is to enable registered Users to associate a public IP address with a domain name (defined “HOST”), up to a maximum of 5 (five) Hosts per User.
7. CESSATION OF SERVICE
Comelit Group S.p.A. reserves the unquestionable right to suspend or close the Service at any time, without notice, and to restrict or terminate the User's access to the Service.
Comelit Group S.p.A. shall also be entitled to cancel a User's subscription, if it deems that these conditions of use or any laws have been violated.
In the event that an account, i.e. an individual Host, is left unused for six months, Comelit Group S.p.A. reserves the right to cancel the said unused account or Host.
Comelit Group S.p.A. may also cooperate with the judicial authorities by disclosing the data in its possession for the purposes of possible investigations of any suspected criminal activity.
8. INDEMNITY
Comelit Group S.p.A. shall not be responsible for any direct or indirect loss whatsoever that may arise from the use of the Service by the User or third parties.
The User therefore undertakes not to involve Comelit Group S.p.A. in any claim, either from the User him/herself or from third parties, for damages or costs, including general, legal and judicial costs, pertaining to or deriving from the use of the Service, from infringements by the User of legal provisions or clauses laid down in this document, or from any information sent to the User by a server that can be accessed through the Service.
9. FULL AGREEMENT
9.1 The General Conditions laid down in this document replace all general conditions or agreements laid down in any other previously accepted documents.
9.2 Comelit Group S.p.A. shall be entitled to amend these General Conditions or impose new terms at any time, simply by sending written notice thereof to the email address entered by the User at the time of registration, or by publishing equivalent notice on Comelit Group SpA's web site for subscribing to or managing the Service. Any use of the Service by the User after the transmission and/or publication of the said notice shall constitute acceptance of the new General Conditions or amendments in force at the time in question.
10. PROHIBITION OF RE-SALE OF THIS SERVICE
The User's right to use the Service is strictly personal. As such, the User is strictly prohibited from re-selling and/or offering the Service to third parties.
11. EXCLUSION OF RESPONSIBILITY
Comelit Group S.p.A. shall not be responsible for any direct or indirect loss or damage suffered by the User in the event of suspension, including temporary suspension, of the Service.
The User shall be directly responsible for the data submitted on-line and for any dispute connected with their disclosure and/or use.
The User therefore exonerates Comelit Group S.p.A. of any responsibility of an administrative, civil or criminal nature deriving from the storage and diffusion, in pursuance of this agreement, of data that violate any current or future regulation or rights of third parties.
The User shall be responsible for any breach of copyright caused by texts, graphics, brands, logos, images, sounds, multimedia works, software or databases covered by copyright, stored on the server and not provided by Comelit Group S.p.A.
Comelit Group S.p.A., furthermore, shall not be responsible for the content of any material stored on the servers of third parties outside the servers owned by Comelit Group S.p.A., including all servers accessed by means of the Service. Comelit Group S.p.A. has no control over the web sites or other material hosted by external servers.
The User exonerates Comelit Group S.p.A., with immediate effect, from any responsibility in connection with possible attacks and/or intrusions by third parties, originating from the internet via the devices by means of which the Service is delivered.
The User declares that he/she is aware that third parties could gain access to their systems over the internet and overcome the respective security provisions, in order to make improper use of them and cause loss or damage to third parties.
Should Comelit Group S.p.A. detect any attempted intrusion by means of the User's data and access credentials, which it lawfully holds for the purpose of providing the Service, it may interrupt the Service, without any obligation, until the User implements the necessary measures to prevent the situation from persisting.
12. LIMITATION OF RESPONSIBILITY AND GUARANTEE
The User accepts the use of the Service and the related risk that may arise from possible malfunctions, interruptions or discontinuation of the Service. The Service is provided without any guarantee of any type, either implicit or explicit. Comelit Group S.p.A. specifically disclaims all responsibility, including responsibility for availability, accuracy of content, information, products and services. Comelit Group S.p.A. disclaims all responsibility for any loss, damage or injury caused by any non-performance, error, omission, interruption, cancellation, defect, delay in operation or transmission, virus, communication line, error, theft, destruction, unauthorised access, alteration or use of the User's registered data, either in connection with violation of the General Conditions of Service, or in connection with unlawful conduct or negligence. The User expressly acknowledges that Comelit Group S.p.A. shall not be responsible for the defamatory, offensive or illegal conduct of Customers or third parties.
Neither Comelit Group S.p.A nor its suppliers or distributors shall be responsible for defamatory conduct or content that may cause direct, indirect, incidental or special damage deriving from the use of the Service. The User accepts that the provisions of this section apply to all contents of the Service. The User accepts that Comelit Group S.p.A. shall not be responsible for any losses or use of domain or User name, or for direct, indirect, special or accidental interruptions of work of any type (including loss of earnings), irrespective of their form (unlawful act, negligence or other) and regardless of whether Comelit Group S.p.A. has been informed of the possibility of such loss or damage.
13. PAYMENT AND DURATION OF THE SERVICE.
The ComelitDNS Service is offered free of charge and shall remain valid for one year. Upon expiry, it shall be automatically renewed for a further year.
Any renewal of the Service shall be subject to Comelit Group S.p.A.'s General Conditions in force at the time of such renewal.
14. MAINTENANCE
Routine and non-routine maintenance and/or maintenance for troubleshooting purposes shall be notified to the User in as short a time as possible.
15. FORCE MAJEURE
Comelit Group S.p.A. may in no way be held responsible for any obligation it assumes under this agreement if non-fulfilment of the obligation in question is caused by or derives from force majeure, without limitation, including the following, by way of example: fire, flood, strike, cutting of cables or fibre, lightning, civil unrest, acts of government or military authorities, changes in laws, terrorism, causes of force majeure and prolonged general power outages.
16. GOVERNING LAW AND JURISDICTION
These General Conditions of Use shall be governed by the laws in force in Italy.
Any matter relating to the interpretation or execution of this agreement shall be referred exclusively to the Court of Bergamo.
17. PERSONAL DATA PROCESSING
Comelit Group S.p.A. shall process the personal data provided or otherwise acquired in the course of registration for the Service for the purpose of:
performing activities connected with or instrumental or necessary to the supply of the Service, including the disclosure of the data to companies that perform functions necessary or instrumental to the supply of the Service and/or manage payments or databases intended to safeguard against credit risks and be accessible to third-party companies;
determining the preferences and degree of satisfaction of the User;
sending advertising material and commercial or other information, and transferring to third parties data processed for commercial purposes, including for sale or attempted sale, i.e. for all lawful commercial and/or statistical purposes.
Data shall be processed both in hard copy format and by automated means in accordance with the regulations governing security and confidentiality, for the duration strictly necessary for providing the Service and achieving the other purposes mentioned above, within the limits laid down by the law.
Submission of data is not compulsory; refusal to submit data, however, makes it impossible to provide the Service, without prejudice to legal obligations. The data may be processed on behalf of Comelit Group S.p.A. by employees, professionals or companies appointed to undertake specific processing services or other tasks instrumental to providing the Services, in accordance with the law. The data may also be disclosed, for the purposes specified above, to the following, each within their own sphere of competence:
public authorities or administrations, in connection with legal requirements;
Comelit Group S.p.A.'s sales network, commercial partners and other companies belonging to the same group as Comelit Group S.p.A., both in and outside Italy;
banks and companies specialising in managing payments or safeguarding against credit risks, which are also accessible to third-party companies;
professionals and consultants;
business information companies and similar entities.
The Data Controller is Comelit Group S.p.A. with registered office in Via don Arrigoni 5, 24020 Rovetta (BG).
Under art. 7 of Italian legislative decree No. 196/2003, by contacting the aforementioned Data Controller, Users shall be entitled to object partially or entirely to the processing of their data on legitimate grounds, and according to the procedures and within the limits established by the law, request confirmation that such data exists and obtain intelligible communication thereof, apprise themselves of the source of the data and the logic, procedures and purposes of its processing; request the updating, correction, supplementing, deletion or conversion of their data into anonymous form, or the blocking of any data processed in breach of the law, including data no longer necessary for fulfilling the purposes for which it was collected and, in general, exercise all rights accorded to them under the applicable laws.