To enable full understanding and acceptance of this Membership Agreement, the following terms shall have the meanings set forth below in the singular and plural:

• Owner: Applia Società Benefit S.r.l. a single member, with registered office in Rome at Via Generale Mario Pezzi, 63, VAT Number / Tax Code 15832631004, REA RM-1617153, fully paid-up share capital €30,000, PEC address: agenzia@pec.applia.it
• Site: the website https://www.oxygenwp.net
• Customer: any individual who accesses and uses the Site
• Consumer Customer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
• Professional Customer: the natural person of age or legal person who concludes a contract for the performance or needs of his or her business, trade, craft or professional activity
• Service: web hosting services, such as registering and maintaining domain names and in renting web space
• General Conditions: this contract governing the manner and terms under which the Supplier provides the Service to the Customer with the technical characteristics and economic conditions chosen by the Customer at the time of the order
• Order Form: a commercial offer chosen by the Customer for activation of the Service completed and submitted online to the Supplier.

1) Subject

These General Terms and Conditions govern the manner and terms by which the Supplier provides the Customer with the Service with the technical characteristics and economic conditions peculiar to the individual commercial offer selected by the Customer, as identified in the order form requesting activation of the Service (hereinafter “Order Form”), submitted to the Supplier.

These General Terms and Conditions have been drafted and prepared in compliance with and in accordance with the provisions contained in Legislative Decree 206/2005 (Consumer Code) and Law 40/2007 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the establishment of new businesses); they are general in scope and may be subject to changes made necessary by subsequent provisions of law and/or regulations.

The Service is offered by the Supplier through the Internet network in the manner described online, in the state of fact and law in which it is on the date of the activation request, as published on the Site and with the technical and economic characteristics described therein, which the Customer, by accepting the following General Conditions, explicitly declares to know and accept. The offer of the Services is for an indefinite period of time, without prejudice to the Supplier’s right to suspend or revoke it at any time; in this case, the contracts concluded before the suspension or revocation will be honored by the Supplier on the agreed terms. Any additional services over and above those stipulated in the offer may be provided by the Supplier only after specific written request by the Customer in a manner to be defined from time to time.

2) Conclusion of the contract

Online transmission of the Order Form to the Supplier constitutes full acceptance by the Customer of these General Conditions as well as the contents of the documents, rules, provisions and procedures referred to therein, even if indirectly.

The contract is concluded on the date of the correct and timely receipt by the Customer of the Order Form, accepted by the Customer in all its parts on the Site with the procedures provided for the conclusion of online contracts, together with the receipt of the confirmation about the receipt of the payment of the fee for the type of Service chosen by the Customer.

3) Fees and payment terms.

Payment of the fee for the ordered Service must be made by the Customer at the same time as the online submission of the Order Form and, in any case, in advance of activation of the Service. The price of the Service is identified according to the rates in effect at the time of the order and indicated on the web page https://www.oxygenwp.net and differs according to any additional Services ordered by the Customer.

All amounts invoiced will be subject to the VAT due, which, together with any other tax charges arising from the execution of the contract, will be borne by the Customer. In any case, the Customer expressly declares that he/she hereby releases the Supplier from any and all liability arising from the transactions or payments made.

Pursuant to the provisions of Article 52 paragraph 1 letter e) Legislative Decree 206/2005, the Customer acknowledges and accepts that the payment of the fee for the chosen Service may be made by one of the methods indicated on the Site in the appropriate section.

In the event that the payment of the price is not valid or is for any reason revoked or canceled by the Customer, or is not executed, confirmed or credited to the Supplier, the latter reserves the right to suspend and/or discontinue the activation and/or provision of the Service with immediate effect, if the same has already been activated and, if necessary, to assign the domain name to another person, remaining the obligation of payment and legal interest related to the delay on the part of the person who ordered the registration.

4) Activation and delivery of the Service

The Customer acknowledges and accepts that the practices of activation or renewal of the Service will begin at the time of the conclusion of the contract referred to in the Order Form. The Supplier will notify the Customer by e-mail of the activation of the Service. With the activation of the Service, all the relevant rights of use will be transferred in favor of the Customer, who will be considered the legitimate owner of the Service remaining, as well, the sole and exclusive responsible for its use, as well as for the material and data, including personal data, possibly processed.

5) Duration, renewal, termination of the contract

The contract for the provision of the Service will have a duration equal to the period of time selected and indicated by the Customer when placing the order, starting from the date of activation of the Service. As the expiration date approaches, the Supplier, merely as a courtesy and therefore without thereby assuming any obligation to the Customer, shall have the right to send to the reference e-mail boxes and/or the e-mail boxes associated with the domain, notices of impending expiration and consequent termination of the Service in case of non-renewal.

On the expiration date set for the selected Service, the Service and any additional Services will be deactivated and the contract will cease to be effective, unless renewed at least 15 (fifteen) days prior to said expiration date, by submitting the appropriate online renewal order and payment of the relevant amount, at the rates and contract terms in effect at the time of renewal. As a result of the foregoing, the contract will be renewed for the period of time selected by the Customer when placing the order.

Orders received by the Supplier after the expiration date of the contract will be considered as new, even if they have the same subject matter as the expired ones, and the related services will be considered as newly activated.

In the absence of renewal, the Supplier reserves as of now the right to insert in place of the homepage the notice “expired domain” and, at its own discretion, to renew the maintenance of the domain name with the competent Registration Authority, for one or more years while keeping the present registration data unchanged. It is understood that in this case all services associated with the domain will still be deactivated (by way of example but not limited to: hosting, e-mail, any additional services) and a web page containing messages to contact the Supplier will be inserted in place of the homepage of the domain. The Customer may regain the availability of the domain and related services by providing for the payment of the services it intends to activate as well as an amount equal to the price of the service annuity for each year in which the Supplier has kept the domain name registration active after the expiration of the Service. It is understood that in the absence of the aforementioned payment, the Customer will not be able to obtain the availability of the Service. The contract will always have the duration selected at the time of the order, but in any case, the first annuity will be equal to the period of time remaining until the date of expiration of the domain at the Registration Authority. However, this is without prejudice to the Customer’s right to request the cancellation of the domain name registration at any time by giving express notice to the Supplier by registered letter with return receipt or PEC with attached copy of an identity document and all the documentation necessary for the cancellation of the domain at the Registration Authority.

In the event that the Customer transfers the domain name to another Provider/Maintainer, before the expiration of the Service, the contract will be considered terminated at the end of the transfer procedure, if it ends on a date prior to the expiration date; otherwise, it will terminate on the originally agreed date. Any reimbursement by the Supplier to the Customer for the period of time during which the Customer did not use the Service is expressly excluded.

Upon termination of the contractual relationship, for whatever cause due (by way of example and not limited to, for expiration of the term, dissolution or termination or transfer of the domain name to another Maintainer/Registrar) the Customer and the Supplier will be released from their mutual obligations, the Service will be deactivated, accesses disabled, and therefore it will no longer be possible to access and use the same. For this reason, the Customer is expressly required to make, on a date prior to the expiration of the contract, at its own care and expense and on an appropriate medium, copies of any data and/or content placed on the servers, including the contents of the mailboxes associated with the domain, as the Supplier does not guarantee their recovery following the expiration of the contract and assumes no responsibility in this regard. In any case, the Customer agrees, now for then, to indemnify and hold harmless the Supplier from any liability and/or claim for damages related to the deactivation of the Service and any partial or total loss of data, information and content allocated at the time of the expiration of the contract on the site corresponding to the domain name concerned.

6) Authentication credentials

Access to the Service is through the use of an identification code (login) and a keyword (password) assigned to the Customer by the Provider and communicated to the same by confirmation e-mail. The Customer acknowledges and accepts that knowledge by third parties of his authentication credentials could allow the latter to unduly use the services in his name, therefore, he undertakes to keep and use these credentials with the utmost confidentiality and diligence. The Customer also undertakes to promptly notify the Supplier in writing of any unauthorized use of his login and/or password and any other breach of security of which he becomes aware, including its possible theft, loss or loss.

The Customer acknowledges and accepts that the Supplier reserves the right to periodically change the management codes associated with the domain (login and password), which will be promptly communicated to the Customer by sending them to the reference e-mail box indicated in the order.

7) Service Features.

The Service, identified according to the type chosen in the order phase, consists in the execution of the practices necessary for the operations of registration, maintenance (renewal) and/or transfer of the domain name indicated by the Customer at the Registration Authorities, Italian or foreign competent according to the chosen extension, as well as in the supply of the services that the Customer intends to associate with the domain name and specifically indicated in the order phase. The supply also includes the bandwidth necessary for the visibility of the site; in this regard, the Customer agrees that, since the bandwidth is shared among several users, in case of continuous use of the bandwidth or network congestion, the same may suffer limitations and slowdowns.

The extensions of domain names that can be registered through the services the Provider are indicated on the page www.oxygenwp.it, while the procedures governing and identifying the peculiar conditions that allow or disallow the assignment in one’s favor of a given domain name are described in the institutional sites of the competent Registration Authorities, of which the Customer, by accepting these General Conditions, declares to have read and accepted and to which reference is made in full.

The Customer acknowledges and accepts that the Supplier proceeds with the registration of domain names strictly respecting the chronological order of the requests received, provided that they are assisted by the receipt of the confirmation about the payment of the cost of the Service, issued by the Person identified as competent to carry out the operation, and by the documentation necessary for registration.

It is understood, and of this the Customer acknowledges and accepts, that:

1. the Supplier assumes an obligation of means and not of result; therefore, the success of the registration request is subject to its acceptance by the Registration Authority responsible for the chosen extension;
2. domain names that upon inspection appear to be free may in fact not be so, as they are already being registered in favor of Third Parties but not yet entered in the databases of the competent Registration Authority, therefore the Customer hereby indemnifies the Supplier from any liability and/or claim for damages for such circumstances;
3. the Supplier cannot be held responsible for syntactic and/or semantic errors contained in the data communicated to it by the Customer;
4. the Supplier is not responsible and cannot in any case take responsibility for the resolution of any disputes and/or disputes that arise regarding the assignment of a domain name, which must be considered the responsibility of the Judicial Authority and / or the other Authorities identified by the policy prepared by the competent Registration Authority, and subject to the relevant procedures whose outcome can not in any way be attributed to the Supplier who, therefore, is relieved as of now, from any responsibility in this regard. The Supplier, likewise, cannot be held responsible for any changes made by the competent Authority to the registration procedures or to the related Naming rules;
5. the registration of a domain name does not determine the attribution of any rights for the same name and that the Supplier is not required to know or control the existence of any rights (by way of example but not limited to, copyright, author’s rights, trademarks etc.) on the domain name whose registration or transfer is requested by the Client who, as of now, indemnifies the Supplier from any involvement and/or responsibility in this regard.

The Customer is obliged to check within 15 (fifteen) days from the date of activation of the Services the correctness of its data with the database of the competent Authority for the chosen extension; if within this period the Customer does not raise any exception regarding the correctness of its data, it shall be deemed correct.

The Customer acknowledges and accepts that in order for the operations inherent to the registration, renewal, transfer of the domain name and other requests related to it to be successful, it must observe the procedures provided by the Supplier. Only the punctual and correct execution by the Customer of the fulfilments described in the aforementioned procedures allows the Supplier to execute the request received; in fact, in the absence of the receipt of the documentation indicated therein, the Supplier will not be able to perform the operations requested by the Customer and will have to interrupt the relative procedure, waiting for all the correct documentation.

It is understood, and of this the Customer acknowledges and accepts, that the Service provided by the Supplier does not provide for backups and/or the preservation or saving of copies of the data and/or material entered by the Customer in the Internet network and/or in the web space eventually made available to him and/or of the messages present or transited on the mailbox(es) created by the Customer and associated with the Service. For this reason, the Customer must periodically, at its own care and expense, back up and/or copy the aforementioned data on an appropriate and suitable support. The Customer, therefore, must provide, independently at its own care and expense, to make a backup copy, to be stored separately, of the data entered and processed through the Service, even in the event that, for the same data, it has purchased from the Supplier the additional Backup Service, given that although the use of the backup service reduces the risk of data loss and makes it easier for the Customer to have a copy of the same, the possibility that the backup may be incomplete and/or missing is not excluded. For these reasons, the Customer acknowledges and accepts that, upon the occurrence of this eventuality, it will not be able to make any further claim against the latter, either as compensation, indemnity or in any other capacity, and hereby exonerates the Supplier from any liability in the event of total or partial loss of data, for any cause whatsoever.

9) Additional services

Concurrently with or subsequent to the request for registration, transfer or renewal of a domain name, the Customer is entitled to also purchase, by means of a special online order and payment of the corresponding price, one or more of the additional Services indicated on the Site.

The Customer acknowledges and accepts that the Additional Services are provided in the manner, terms and technical and economic characteristics indicated on the Site, in the special sections dedicated to them, which the Customer declares having read and accepted, to which reference is made in full.

10) Functionality of Services

The Services (including the additional ones) will normally be available twenty-four (24) hours a day (twenty-four); however, the Customer acknowledges and accepts that the Supplier may suspend and/or interrupt their provision to allow the performance of ordinary or extraordinary maintenance work that may be appropriate and/or necessary both to the premises and to the servers and/or equipment contained therein. In such cases, the Supplier undertakes to perform the aforementioned interventions in the shortest time possible and to restore the Services as soon as possible in order to reduce the inconvenience created for the Customer. The Customer acknowledges and accepts that he/she will not be able to make any claim for indemnity, reimbursement or compensation against the Supplier for the period of time during which he/she was unable to use the Services.

Support for the Service is carried out in the manner indicated on the Site. The Customer agrees to notify the Provider immediately or no later than 24 (twenty-four) calendar hours of any irregularities or malfunctions in the Services. Any damage caused by untimely communication will be considered the responsibility of the Customer.

11) Changes in services and changes to the conditions of the offer

The Customer acknowledges and accepts that the Services covered by this contract are characterized by constantly evolving technology, for these reasons the Supplier reserves the right to modify the technical characteristics of the Service and to vary the conditions of the offer at any time and without prior notice, when this is made necessary by technological evolution and supply and/or organizational needs. It is understood that contracts concluded prior to the inclusion of the changes or variations will still be accepted and complied with in full under the agreed conditions.

Should the Supplier amend these General Terms and Conditions, such amendments shall be communicated to the Customer by e-mail. The aforementioned changes will take effect 30 (thirty) days from the date of their communication. Within the same period, the Customer may exercise the right to withdraw from the contract by written notice. In the absence of the exercise of the right of withdrawal by the Customer, within the terms and in the manner indicated above, the changes will be deemed to be definitively known and accepted by the latter.

The Supplier reserves the right, at its sole discretion, to modify the functionality of its system, as well as to change its structure. The Supplier cannot be held liable for any damage, direct or indirect, resulting from the activation and/or interruption of the service and any additional services.

12) Assignment of contract

The Customer may not transfer to third parties, in whole or in part, the contract, or the rights and/or obligations arising therefrom, without the written permission of the Supplier.

The Customer hereby gives its consent, pursuant to Article 1407 of the Italian Civil Code, for the Supplier to assign the contract to third parties and/or to transfer to third parties, in whole or in part, its rights and/or obligations under the contract.

13) Industrial and/or intellectual property rights

All content on the Site, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark protection legislation. The Site may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Provider to publish them on the Site. Except for strictly personal uses, you may not copy, alter, distribute, publish or use the Content without specific permission from the Provider.

14) Client Data

The Customer undertakes to communicate to the Supplier its personal data necessary for the full and proper execution of the contract; it also guarantees, under its own personal and exclusive responsibility, that the aforementioned data are correct, updated and true and that they allow to identify its true identity. The Customer undertakes to notify the Supplier of any change in the data provided, promptly and in any case no later than 15 (fifteen) days from the occurrence of the aforementioned change and to provide at any time, upon request of the Supplier, adequate proof of his identity, domicile or residence and, if applicable, of his capacity as legal representative of the legal entity requesting or holding the name of the Service. Upon receipt of the aforementioned notice, the Supplier may request additional documentation from the Customer directed to prove the communicated changes. In the event that the Customer fails to provide the Supplier with the aforementioned communication or the requested documentation, or in the event that it has provided the Supplier with data that is found to be false, not current or incomplete or data that the Supplier has reason, in its sole discretion, to believe to be such, the Supplier reserves the right to:

1. Reject the request forwarded by the Client having to do with transactions to be performed in reference to the Service;
2. suspend services effective immediately, without notice and indefinitely;
   c) cancel and/or discontinue without notice any data modification operations associated with the Service;
3. terminate the contract, in accordance with Article 18 below, retaining as a penalty the sums paid by the Customer.

This is without prejudice, in any case, to the Supplier’s right to claim compensation from the Customer for any greater damages and it is also understood that the Customer may not make any claim against the Supplier for reimbursement, compensation and/or damages for the period of time during which it did not use the Service.

15) Obligations, prohibitions and responsibilities of the Client

The Customer shall equip itself, at its own care and expense and under its own responsibility, with all equipment (including but not limited to telephone, data transmission, processing and programs) necessary to access and use the Service. The Customer shall use equipment and accessories approved according to European standards, in perfect working order and such as not to cause disturbance and/or damage to the Service or others. Responsibility for the use of the aforementioned equipment and the Service is the sole responsibility of the Customer, who agrees, now for then, to indemnify the Supplier, now for then, against any consequent costs, charges, damages or indemnities that the same may incur as a result of the facts described above. The Supplier, in fact, makes no warranty as to the compatibility of the equipment and programs (hardware and software) used by the Customer with the Service, all related verifications being the sole responsibility of the Customer.

The use of the Additional Services and applications provided by the Supplier, and possibly installed by the Customer, if the Service profile ordered by the latter permits their installation, takes place under the full responsibility of the Customer himself who, therefore, with particular reference to the aforementioned applications, acknowledges and accepts that:

1. (a) the applications made available to you may not be compatible with other applications already installed by you and/or may not be suitable and suitable for the purpose you intend to pursue with them; therefore, the Client, hereby relieves the Supplier from any liability in this regard;
2. b) the responsibility for the choice, use and possible incompatibility of the applications made available by the Supplier is and remains solely with the Customer himself, who hereby declares, as of now, to relieve the Supplier from any responsibility in this regard.

The Customer acknowledges and accepts that with the request for registration of a domain name he/she declares that he/she has title to the use and/or legal availability of the requested domain name and that he/she does not infringe, with such request for registration and/or with the chosen domain name, any rights and/or interests of third parties assuming, exclusively, any consequent responsibility as well as any other responsibility arising from the ownership, use, management and contents of the aforesaid domain name, relieving, as of now, the Supplier from any responsibility that should be contested by anyone as a result of the provision of the service associated with the aforesaid domain name.

The Customer is obliged and undertakes to use the Service in accordance with what is stated in these General Conditions, on the institutional site, in compliance with the law, current regulations, the rights of Third Parties, morality and public order. It is understood, and of this the Customer acknowledges and accepts, that the Provider is not responsible for the content of the information published by the Customer on the Internet network, through the Services provided by it, and is not liable in any way for damages suffered, directly or indirectly, as a result of the use of the Services provided.

By way of example but not limited to:

1. to use the Service in compliance with the intellectual and/or industrial property rights of the Provider or third parties and to ensure that any material he or she may place on the Internet network, including through the services offered by the Provider, is within his or her legitimate and complete availability, does not contravene mandatory rules, does not violate any copyright, trademark, patent or other right of third parties or of the Provider protected by law or contract. Any copyrighted material may be placed on the Web only if the Customer has obtained the rights of use from the actual owner of the relevant copyright and reports the source;
2. not to use or have third parties use, directly or indirectly, the Service in violation of current regulations, morals and/or public order, in order to disturb the public or private peace, to cause offense, direct or indirect damage to anyone, including himself (by way of example but not limited to: it is forbidden to insert into the web space dialers or materials or excerpts of material dealing with pedophilia or racist or fanatical apology, while material of a pornographic nature may possibly be inserted only in compliance with the regulations in force on the subject e.g. in special reserved areas created by the owner of the site accessible only to persons of legal age by means of a special password issued by the owner of the site after careful verification carried out on the applicant’s age of majority), or in any case for the purpose of violating or causing a direct or indirect violation of the laws in force of the Italian State or in any case in such a way as to cause damage or harm, in any way or form, to the image and trademarks owned by the Supplier;
3. to keep in the utmost confidentiality and not to transfer to third parties the management codes associated with the domain (login and password), thus answering for the custody of the same in front of the Supplier and third parties, and to change its access password at least every three months indemnifying and holding harmless the Supplier from any liability in case of legal action, loss or damage (including legal costs and fees), by anyone suffered, resulting from the Customer’s failure to comply with what has been established about the storage, modification and custody of the aforementioned passwords;
4. to use the web space, if purchased, exclusively for the publication of the website and not as a repository, i.e., as a tool for the mere storage of files and/or own material and/or material that can also be downloaded from other sites;
5. not to carry out, by means of the service provided by the Supplier, acts directed at violating or attempting to violate the computer systems and/or the security of the Supplier’s or third parties’ networks, and/or the confidentiality of private messages, or otherwise acts directed at damaging the integrity of others’ resources or causing direct or indirect damage to anyone (by way of example but not limited to through pirated software, cracks, keygenerators, serials, computer attacks of any kind including DOS attacks, viruses or other harmful components);
6. not to take an active part in attempts to breach the Supplier’s or third parties’ computer systems and network security by means of the service provided by the Supplier that may result in civil and/or criminal liability;
7. not accessing the systems, networks and/or information of Third Parties who have not provided explicit authorization, through scanning/probing techniques, vulnerability testing, attempts to breach security or authentication measures;
8. not create dangerous and/or unstable situations and/or other problems of a technical nature as a result of programming activities and/or modes of use that impact the quality of service of the customer or other customers in such a way as to cause harm to them, the Supplier and/or third parties;
9. not publish websites having as content gambling, online casinos or otherwise content that does not comply with the provisions of Law 401/1989 and subsequent amendments and additions, in the absence of the necessary authorizations required by current legislation. In this case, the Customer is required to send to the writer, prior to the publication of the aforementioned content, a copy of the concession, authorization, license or other authorizing title. It is understood that in the event that the writer becomes aware of websites or links (hyperlinks) to other websites for which a copy of the aforementioned authorization has not been provided in advance, the Supplier reserves the right to suspend the service until the required documentation is provided, any reimbursement and/or compensation for damages for the period of service not used being excluded;
10. Not to offer public information (textual or graphic) harmful to the image of the Provider through the services provided;
11. not to engage in spamming or equivalent actions and not to introduce, upload, send programs (viruses, Trojan horses etc), transmit or disseminate any material that contains viruses, other codes, files or programs created to impair, interrupt, destroy or limit the operation of the network, software, hardware or telecommunications equipment of the Supplier and/or Third Parties;
12. Do not engage in phishing or other equivalent actions of an illicit nature tending to steal personal or other confidential information (including but not limited to: access codes, passwords, userIDs) from users;
13. not to use applications and/or scripts that are not permitted. It is understood that in the event that the Supplier detects that applications and/or scripts, even if not included in the above list, cause malfunctioning of the server, the Supplier reserves the right to intervene in the most appropriate manner in order to make such malfunctioning cease;
14. Do not store sensitive and/or judicial data on the site, in case it has purchased a service with web space;
15. Take charge of the protection of the data entered, in case it has purchased a service with web space;
16. treat and have its employees or collaborators, if any, treat as confidential any data and/or information received, known or handled for or because of the provision of the Service;
17. not to publish websites with newspapers as content and not to consider and/or name the Supplier as publisher and/or printer without the prior and respective written consents from the same, in case it has purchased a service with web space;
18. to observe the rules of good use of network resources, contained in the document ‘Netiquette’, published on the website of the Italian Naming Authority(http://www.nic.it/NA/netiquette.txt), of which the Client declares to be aware and accept in full, as well as all the rules contained in the policy of the Provider, on its own Site;
19. comply with the rules contained in the policy prepared by the Registration Authorities competent for the chosen domain extension, published on the relevant institutional sites of which the Customer declares to be aware of and accept in full their contents and what is provided for and envisaged by them.

In the event of a violation or alleged violation of even one of the above obligations, the Supplier shall have the right to intervene in the forms and ways deemed appropriate to eliminate, where possible, the violation or alleged violation and its effects, and to suspend and/or interrupt and/or disable access to the Service, immediately and without prior notice, also reserving the right to terminate the contract pursuant to Article 19 below and to retain the sums paid by the Customer as a penalty, except for compensation for greater damages. The Customer acknowledges and accepts that it shall have nothing to claim from the Supplier by way of reimbursement, compensation or damages for the measures that the same shall have deemed appropriate to take.

In any case, the Customer hereby assumes, as of now, all liability in respect of the above breaches and agrees to indemnify and hold the Supplier harmless from any prejudicial consequences, from all losses, damages, liabilities, costs, charges and expenses, including legal fees that may be incurred or suffered by the Supplier as a consequence of any breach by the Customer of the obligations assumed by him and the guarantees given by him with the acceptance of these General Conditions, or in any case connected with the entry of information into the Internet network through the Service provided by the Supplier, even in the event of damages claimed by third parties for any reason whatsoever.

The Customer acknowledges and agrees that in the event of a dispute with a third party concerning the registered domain name, the content of the website and/or the related email boxes, the Provider reserves the right to suspend the service and/or disable access to the Customer and/or remove all or part of the disputed material, pending the resolution of the dispute, it being explicitly excluded any and all reimbursement or compensation or liability of the Provider for the non-use of the services during the period of suspension and/or for the intervening removal of the material.

16) Cases of suspension and/or interruption of the Service.

In addition to the cases provided for in the clauses of these General Conditions, the Provider has the right to suspend and/or discontinue, at any time and without prior notice, the provision of the Service:

1. if the Supplier, in its sole discretion, has reason to believe that the Customer has violated the provisions contained in Article 15;
2. in the event of failures of the network and service delivery equipment dependent on fortuitous event or force majeure as well as in the event of non-programmable and/or predictable and technically indispensable changes and/or maintenance;
3. in case of failures and malfunctions of the machines and software, whether they are owned by the Supplier or its suppliers, or in case of their activities and/or inaction or due to the equipment owned by the Customer;
4. If there are justified reasons for security and/or guarantee of confidentiality;
5. In case of failure and/or malfunction that results in danger to the network and/or people;
6. if the Customer uses defective or unapproved equipment, or equipment with malfunctions that may damage the integrity of the network and/or disrupt the Services and/or create risks to the physical safety of persons. The Supplier may require the Customer to make such changes/replacements as may be necessary for technical and/or operational reasons. In case of inaction by the Customer, the Supplier will charge the Customer for the cost of the replacement or repair made.

The Customer acknowledges and accepts that, in all the cases listed above, and in any case in which there is a suspension and/or interruption of the Service, even if not dependent on facts attributable to the Supplier, the latter will not be in any way responsible to the Customer or anyone for the unavailability of the Service, not guaranteeing in any case the continuity of the service, the integrity of the data stored or sent through the Supplier’s system and/or through the Internet. The Customer, therefore, acknowledges and accepts that it will not be able to make any claim for damages, reimbursement or compensation against the Supplier for the suspension or interruption of the Service that has occurred and relieves it, as of now, from any liability in this regard.

17) Limitations of Supplier’s Liability

The Customer recognizes and acknowledges that the input of information into the space and the subsequent dissemination of the same in the Internet network, through the Services, are performed solely at the Customer’s own risk. The Customer acknowledges that the Internet network is not controlled by the Provider and that, due to its peculiar structure, no public or private entity and not even the Provider is able to guarantee and monitor the performance and functionality of the network branches and to control the contents of the information that is transmitted through its network. For this reason, the Client acknowledges and agrees that no liability can be imputed to the Provider for the transmission or receipt of illegal information of any nature. The Client agrees to hold the Supplier harmless for any action of liability that may be brought by third parties regarding violations of national or international laws carried out by the Client. The Client shall bear all costs, damages and charges, including any legal fees, that may arise from such liability actions and agrees to inform the Supplier if any such liability action is initiated against it.

It is understood that the Provider makes no warranty either to the Customer or to any third party that the Service will be perfectly suitable for particular purposes. No liability may be imputed to it if the provision of the Service, with the precise characteristics required by the Customer, is conditioned on the fact of the third party.

The Customer, hereby relieving the Supplier of all related liability, acknowledges and agrees that:

1. the use of services provided in cooperation with other infrastructures (domestic and international) is limited to the boundaries and rules established by the operators of such services, as well as by the laws in force in the countries hosting such services and by relevant international laws;
2. technical interruptions of services due to failures and malfunctions of machines and software, whether owned by the Supplier or its suppliers, remain possible at all times;
3. the very nature of Internet services, in which many entities are involved, makes it impossible to provide any guarantees with reference to the constant usability of the service and/or the possibility of reaching any web space from all over the world and/or the transmission and reception of information and/or the delivery and reception of mail messages, much less to guarantee the privacy and confidentiality of the same;
4. the actual speed of the Internet connection depends on the degree of network congestion, the quality of the access network and the Customer’s equipment, the Provider, therefore, is not able to guarantee the actual achievement of the rated speed;
5. the use of Internet services to other nodes of the Internet network, not in the management of the Supplier, shall be subject to the limitations and responsibilities established by each operator of such services and shall be carried out in compliance with the laws in force in the host countries of said nodes and services, with the relevant international legislations, as well as with the regulations of use of the networks and nodes concerned.

The Supplier undertakes to ensure the best functionality of the system, but does not assume any liability either to its Customers or to third parties for delays, malfunction, suspension and/or interruption in the provision of the Service determined by causes not attributable to it, such as but not limited to:

1. fortuitous event, catastrophic event and force majeure;
2. fact of the third party (including but not limited to: unauthorized publication by third parties of texts entered by the Client in any messaging area, public or private);
3. malfunction or non-conformity of the connection equipment with which the Customer has equipped himself or otherwise those used by him;
4. tampering or interventions on the services or equipment performed by the Customer or by third parties not authorized by the Supplier;
5. Incorrect use or non-compliant use of the Service by the Customer with these General Terms and Conditions or otherwise failure of the Customer to comply;
6. failures and malfunctions of machines and software, whether owned by the Supplier or its suppliers.

It is understood that in such cases, the Supplier shall not be liable for any loss, damage or injury suffered and/or to be suffered by the Customer and/or third parties, whether direct or indirect, foreseeable or unforeseeable, including but not limited to economic/financial losses, business, revenues and profits and/or commercial goodwill; the Customer, therefore, acknowledges and accepts that nothing shall be claimed by the Supplier by way of compensation, indemnification, reimbursement or otherwise.

18) Express termination clause

This contract shall be terminated by right, pursuant to and for the purposes of Article 1456 of the Civil Code, if the Customer:
a) transfers all or part of the contract to a third party, without compliance with the procedures prepared by the Supplier;

1. (b) has previously been or is in default in any capacity against the Supplier, including for services other than the subject of this contract;
2. c) fails to pay the required fee, and the service has been activated in the meantime even in derogation of the provisions of Art. 4;
3. (d) has been declared insolvent or has been admitted to or undergone bankruptcy proceedings;
4. e) uses the Services in a manner different from that communicated to or as authorized by the Provider;
5. f) violates the provisions contained in Articles 14 and 15 of these General Conditions.

In the aforementioned hypotheses, termination shall occur as of right by unilateral declaration of the Supplier, to be executed by registered letter with return receipt or PEC to be sent to the Customer to one of the addresses indicated when ordering the Service, as a result of which the same shall be authorized to interrupt the supply of the Service without any further notice. In such cases, the Customer acknowledges and accepts that the sums paid by the same will be retained by the Supplier as a penalty, without prejudice in any case to compensation for greater damages, without the Customer being able to make any claim for reimbursement, compensation and/or damages for the period of time during which it did not use the Service. It is understood that the aforementioned termination by right shall operate without prejudice to the other hypotheses of termination, and in general to the other means of protection provided by law, including actions aimed at obtaining compensation for any damage suffered by the Supplier.

19) Withdrawal of Professional Clients

As a general rule, early termination of the contract by the Professional Client, i.e. the person who acts and concludes this contract for purposes referable to the entrepreneurial or professional activity carried out is excluded except for the hypothesis of withdrawal expressly provided for in the following article. In the event of unlawful termination, withdrawal or cancellation by the Professional Client, the Supplier is as of now authorized to retain the sums paid by the Client as a penalty, without prejudice in any case to compensation for greater damages.

The Supplier reserves the right to terminate the contract at any time and without obligation to state reasons, by giving written notice to the Customer, at least 14 days in advance, by registered letter with return receipt or by PEC, except in the case of events determined by force majeure, under which the Supplier reserves the right to terminate this contract with immediate effect. Once the aforementioned period has elapsed, if the Service has not already been suspended by virtue of the provision of Art. 15, the Supplier may at any time deactivate, disable, obscure and otherwise render the site and/or the e-mail boxes associated with it unserviceable. It is understood that the Customer is still obliged to make copies of the content entered in its space since the Supplier, after the notice period has expired, does not guarantee its recovery.

20) Withdrawal of Consumer Customers

Pursuant to the provisions of Articles 52, 53 and 64 et seq. Legislative Decree 206/2005, the Consumer Customer, i.e., the natural person acting for purposes unrelated to their business or professional activity, if any, shall have the right to withdraw from the contract, before using the Service, without any penalty and without specifying the reason within the term of 14 days from the date of conclusion of the contract, by sending a written notice from the page https://www.oxygenwp.net/apri-un-ticket/. In case of a properly exercised withdrawal, the Provider will refund to the User the payments received, in the same mode of payment used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the Consumer Customer has given notice to withdraw from the contract.

The Consumer Customer who has already used the Service may request withdrawal by sending a written notice from https://www.oxygenwp.net/apri-un-ticket/ the withdrawal will be effective 30 (thirty) days from the date of receipt by the Supplier of the aforementioned notice. In the event that the Consumer Customer requests a refund of the price of the Service for the days not used until the next natural expiration of the contract, the Supplier will make said refund with the exclusion of the costs incurred and/or to be incurred (by way of example but not limited to, the costs already incurred for the registration of the domain name with the competent Registration Authority, for the activation of licenses used for the provision of additional services etc.), in accordance with the provisions of Article 1 paragraph 3 of Law 40/2007. Any other reimbursement or compensation or indemnity or liability of the Supplier for the exercise of the right of withdrawal and/or for the Customer Consumer’s failure to use the Service in the remaining period is explicitly excluded.

It is understood, and of this the Customer acknowledges and accepts, that the right of withdrawal described above is recognized only to Customers who qualify as consumers, therefore, it does not apply when the Customer himself acts and concludes this contract for purposes referable to the entrepreneurial or professional activity carried out.

21) Jurisdiction

For any and all disputes relating to the interpretation, execution and termination of the contract, the Court of Rome shall have exclusive jurisdiction, except in cases where the Customer has acted and concluded this contract as a Consumer Customer for purposes unrelated to the entrepreneurial or professional activity carried out; in this case, the court of the place where the Consumer Customer resides or has elected domicile shall have jurisdiction, if located in the territory of the Italian State, without prejudice to the right of the Consumer Customer to bring proceedings before a judge other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.

It is without prejudice to the application to Consumer Customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.

22) Online Dispute Resolution for Consumer Customers

The consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising out of your online contract with the Provider. The platform is available at the following link(http://ec.europa.eu/consumers/odr/).