This Service Order (“SO”) is an integral and substantial part of the General Terms and Conditions of Service (“GCS”) of Enartia. The GCS and this SO set out the terms and conditions for the provision of Web Hosting services by Enartia Single Member S.A. to the Customer. All capitalized terms used in this SO have the same meaning as defined in the GCS.  

The commercial offer of Reseller Hosting services published online on the websites of Enartia (www.enartia.com, web.papaki.com/?lang=en) forms an integral part of these terms and conditions. 

Where “Website” is mentioned, it refers to the website of Enartia’s brand “Papaki” https://web.papaki.com/?lang=en.
 
1 – Description of the Service  
The Service is activated by the Customer following the purchase, by clicking on the relevant button in the control panel and consists in the provision by Enartia to the Customer of a storage space on the hard disk of its own server, dedicated to the sharing of web content via http and/or https protocols.  

The technical specifications and details relating to the Service are visible on Enartia’s website on the product page relating to the Service itself. Enartia does not provide any physical equipment directly to the Customer. The servers of Enartia through which the Service is provided are located at its server farm in the province of Milan, Italy.  
The Service is offered through various solutions, each of which is defined by particular technical characteristics. The possible solutions are published up to date on the Enartia website, indicating the technical differences and the relevant economic offer.  

Enartia reserves the right to formulate promotional offers also during the course of the contract, which will be highlighted and advertised on the Website, in which case the conditions and terms set out therein shall be observed, especially with regard to compliance with memory space and traffic limits.  

The choice of the type of platform (e.g. Linux or Windows) on which to activate the Service is the sole responsibility of the Customer, will be chosen at the time of purchase and cannot be changed subsequently. The Customer, therefore, assumes total responsibility for the correctness of the choice made in relation to their own needs.  

 
2 – Conditions of use of the Service  
The Customer undertakes to use the Service in accordance with GCS, this SO and any applicable rules, including regulatory ones.  
 
2.1 – Association with a Domain Name  
 
The Service is provided by Enartia in association with Domain Names which, at the time of activation of the Service, meet one of the following conditions: (i) are at Enartia as Maintainer; (ii) are maintained in the same control panel in which the Service is activated and use the DNS of Enartia; (iii) are at Enartia as Maintainer and Owner, made available by Enartia for the Customer free of charge, to try the Service; (iv) are maintained by third party providers that do not use the DNS of Enartia.  
 
2.1.1 – Service on Domain Names maintained by Enartia  
In the case of Domain Names maintained by Enartia as Maintainer, the Customer agrees that if during the term of this contract the Customer does not renew or transfers the relevant Domain Name to another Maintainer or decides to change the DNS associated with the Domain Name from those of Enartia to DNS of third party providers, the Service will expire and all data on the space provided with the Service will be deleted without any responsibility of Enartia for maintaining and/or saving the same. It shall therefore be the Customer’s responsibility and liability to save the data on a different medium before the transfer, non-renewal of the Domain Name or DNS change to a third-party provider. 
 

2.1.2 – Service on Domain Names maintained by third-party providers  
In the case of Domain Names maintained by third-party providers and therefore not maintained by Enartia, the Customer shall associate the purchased Service with the Domain Name of which it is the holder at a third-party provider. 
 
2.2 – Use of resources related to the Service  
All data and contents of the web space and databases granted through the Service are and remain the exclusive property of the Customer. Consequently, the Customer assumes any and all responsibility for such data and their content. Any operation carried out on the web space or databases associated with the Service is the sole responsibility of the Customer.  
 
In the case of purchase on behalf of a third party, the Customer shall be responsible for the data entered into the web space granted through the Service on behalf of the third party.  
 
Enartia reserves the right to immediately suspend the Service if, in its sole discretion or following a report from a third party, it considers, on the basis of the elements acquired or that can be acquired through the content entered by the Customer into the disk space or databases, that activities are being carried out that violate the law, mandatory rules, morality, this SO and/or the GCS. In this case, following notification by Enartia, the Customer is obliged to eliminate the causes of the dispute or submit suitable documentation proving full compliance with the regulations in force of the activity carried out by the Customer. 

In case of purchase of the Service on behalf of a third party, Enartia reserves the right to contact directly any third-party user of the Service. In the event of failure to respond immediately, Enartia shall have the right to cease providing the Service from which the illicit and/or unauthorized activity was derived, without prejudice to the right to full payment of the fee and the right of Enartia to act for full compensation for any damages suffered.  
 
2.2.1 – Disk Space and Content  
 
The disk space limit specified in the offer published online at Enartia may not be exceeded by the Customer. If the Customer exceeds this limit, Enartia will suspend the Service until the Customer either resizes the space occupied within the contractually specified limits or purchases a superior solution of the Service with consequent adjustment of the technical platform. In the absence of such adaptation, Enartia cannot be held responsible for malfunctions of the site. 
Enartia offers, in certain plans of the Service, unlimited space. In order to guarantee the stability of the platform and to prevent the platform disk from filling up uncontrollably, Enartia may discretionally set a symbolic limit (50GB) to the customer’s disk space at the time of activation. In the event that the customer needs to use more space, they may request it before this limit is reached in order to avoid incurring the impossibility of adding new files, free of charge through technical support, which will extend the available space as soon as possible. 

The disk space associated with the Service must be used solely and exclusively for saving content usable through the website linked to the Service and/or for files/libraries directly used by the web pages.  

Uses of space for backup purposes, file sharing via http/https/ftp or any other form of saving data that is not provided through the website associated with the Service with appropriate http or https links shall not be considered valid for the purposes of this SO.  
 
The following shall not be considered compliant with this SO, by way of non-limiting example:  
 
– archives of videos or photos not published through appropriate photo/video gallery software;  
– archives of webcam images published via FTP every N minutes;  
– backup of one’s own computer content;  
– backups of one’s own site or other content;  
– backups of one’s own databases (excluding those made by Enartia);  
– the use of CMS plugins (WordPress, Joomla, etc.) that automatically save a backup locally.  
– backups of backups. 
 
– Uploading or downloading of files with dimensions equal to or greater than 100MB is not permitted; therefore, the uploading or downloading transfer of files equal to or larger than said dimensions could be prevented on a technical level. 
 
Listed below are other types of material that are not allowed on the disk space associated with the Service:  
– IRC scripts;  
– Child sexual abuse material  
– Audio/Video Streaming;  
– Proxy scripts/Anonymizers; 
– Pirated software/warez;  
– Pages containing links to pirated material/warez;  
– Pages exclusively containing lists of files for download;  
– IP Scanners;  
– Bruteforce scripts;  
– Mail-bombing/Spam scripts;  
– File dumps or Mirror scripts;  
– Sites promoting illegal activities;  
– Fraudulent/phishing sites;  
– Scripts for uncontrolled emailing;  
 
– Blogs or forums where it is possible to post comments without any moderation and/or without any verification that the person posting a comment is really a person and not a script (CAPTCHA type);  
– Copyrighted material for which the Customer has no right of publication  
– Executable files (e.g. .EXE)  
– Image files of archives (e.g. .ISO)  
 
If the Customer breaches the obligations listed above, Enartia reserves the right to discontinue the Service and terminate the contract for the Customer’s fault. The Customer shall comply with the technical indications that Enartia wishes to provide in the event that the Customer has inserted programmes or applications incorrectly in  their space. In the event that the Customer does not want to comply with the aforementioned indications or the aforementioned space limit is exceeded, Enartia reserves the right to terminate this contract, without owing anything in economic terms to the Customer.  
 
The files, software and contents of the Customer’s space are the responsibility of the Customer. If these, by their own will, due to lack of updating or errors in writing code, affect the vulnerability of the system such as to allow access by intruders and/or are exploited by the Customer himself or by third parties, authorized or unauthorized by the Customer, to indirectly damage the services provided by the platform, Enartia reserves the right to intervene and suspend the Service until the Customer restores normal security conditions.  
 
The security of access and users is the responsibility of the Customer. The Customer undertakes to keep in the utmost secrecy and security accesses such as FTP users, MySQL or other databases, authentication to CMS, operating the best practices that guarantee such security, such as the choice of sufficiently complex passwords, the use of the password suggestion tool, the regular modification of such passwords, the modification of such passwords in case of suspected, presumed or verified compromises, the updating of the code of the installed software and CMS, the verification of the security of templates, plug-ins and software before their installation in the Hosting disk space. Enartia is not liable for loss of data or compromise, misuse, or damage due to the insufficient security level applied by the Customer.  
 
The servers hosting the customer’s hosting space may be located at the datacenter in Milan and in any case in the EU. The Customer, upon express request justified by legal or specific needs, may request the relocation of its Hosting space at a datacenter other than the one on which it is hosted.  
 
Enartia is responsible for synchronizing the server’s clocks and monitoring them; the Customer is thus guaranteed the uniformity of the times recorded in each operation and log. The Customer may not request any modification of this synchronization or change of time zones.  
 
2.2.2 – Database Space  
 
The database space limit specified in the offer published online at Enartia refers to the size of the individual database and may not be exceeded by the Customer. If the said limit is exceeded, Enartia shall block access to that database from the platform providing the Service until the Customer resizes the space occupied within the contractually specified limits or proceeds to purchase a superior solution of the Service with consequent adjustment of the technical platform. In the absence of such adaptation Enartia cannot be held liable for site malfunctions resulting from the blocking of access to the database that has exceeded the maximum size allowed. 
 
2.2.3 – http, https and ftp traffic  
 
The Service includes a traffic limit defined in the offer, which in any case will not be in addition to the traffic that Enartia makes available with the Domain Name registration. The traffic limit in the product sheet is intended as the sum of the traffic of the http, https and ftp services. It should also be noted that in the event of an upgrade or downgrade with the purchase of a different solution of the Service, the traffic limit shall be that provided for in the different solution purchased and not a sum of the two solutions. If the Customer exceeds this limit, Enartia shall suspend the Service until the first day of the following month or until the Customer proceeds to purchase a solution of the Service that has a higher traffic limit. In the absence of such adjustment, Enartia cannot be held responsible for any malfunctioning of the site. Any traffic unused in the previous month shall not be added to the traffic available for the following month.  
 
The Customer acknowledges that the http/https/ftp traffic is strictly functional to the delivery of the website and its accessory files. Enartia reserves the right to suspend the Service if http/https/ftp traffic is used for the delivery of content described as invalid for the purposes of this SO in the paragraph “Disk space and content”.  
 
The Customer is aware that Enartia uses automatic systems capable of identifying malicious access, brute force and compromise of individual files and/or entire Hosting spaces; in the event of a successful or attempted compromise, regardless of whether the Customer is aware of it or not, Enartia reserves the right to activate automatic protection processes such as 
– blocking authentication with a specific user 
– blocking the IP address from which the traffic originates 
– blocking the domain from which the traffic originates 
– blocking http access to one or more compromised files 
– removal of files or directories that may compromise the status and/or security of the service  
– suspension of the Hosting account 
– cancellation of the Hosting account 
 
2.2.4 – Server and Platform Resources  
 
For the purposes of the provision of its website, by way of non-exhaustive example, the Customer shall not be permitted: to  
– exceed 20% of a server’s total resources (CPU, RAM) for more than 60 seconds;  
– exceed the number of 100,000 files or directories (inodes) within the space made available with the Service  
– exceed the number of 5,000 files (inodes) within the same directory;  
– exceed the number of 1,000 tables within the same database;  
– send more than 2,000 emails in the same day;  
– execute stand-alone scripts, executed in daemon mode, that are not directly related to the delivery of a web page (excluding the ‘cron’ functionality provided with the Service)  
– execute database queries lasting longer than 15 seconds;  
 
Even in such situations, Enartia reserves the right to suspend the provision of the Service and possibly withdraw from this contract, without owing anything in economic terms to the Customer, except always compensation for further damages. 
 
2.2.5 – Platform migrations  
 
The Customer acknowledges and accepts that in the normal course of business Enartia may have to migrate the Customer’s Service to a new platform with similar characteristics. The migration process may generate a service down in relation to the volume of disk space occupied by the Customer on the platform. In relation to the duration of the down and the predictability of the down, Enartia will give due notice of the planned migration actions.  
 
2.3 – Additional Services  
Enartia μαυ offers certain additional services free of charge with certain Service plans, as listed below. Enartia may any time stop providing the additional services. 
 
2.3.1 – Softaculous/AppManager  
In order to allow the Customer to install the most popular CMS (e.g. WordPress, Joomla! etc.) directly from the panel, Enartia provides the Customer with the Softaculous software owned by Softaculous Inc. available in some Service plans under the name AppManager and installed on Enartia’s servers. The Customer acknowledges that the Softaculous software is offered “as is”, without any guarantee, either explicit or implicit of operation, exonerating Enartia from any liability in case of malfunctioning or loss of data caused by problems with the software itself.  
 
2.3.2 – phpMyAdmin  
In order to allow the Customer to manage its own MySQL databases, Enartia provides the Customer with the phpMyAdmin software available in certain Service plans, installed on Enartia’s servers. The Customer acknowledges that the phpMyAdmin software is offered “as is”, without any warranty of any kind, either express or implied, and releases Enartia from any liability in case of malfunction or loss of data caused by problems with the software itself.  
 
2.3.3 – WePanel  
 
In order to allow the Customer to manage the functionalities related to its Hosting product, Enartia provides the Customer with the WePanel software installed on Enartia’s servers. Access to WePanel is done by single sign on from the relevant sections of the Customer’s control panel. The single sign-on is performed by a call to the WePanel API, over an encrypted channel in SHA-256 with a DV certificate. The Customer can also authenticate directly into WePanel from port 2443 of the server on which the Hosting service resides with username and password. The password is not provided in the first instance but the Customer can obtain it by following the password recovery procedure using their username and with double verification by sending a code to the Customer’s email.  
 
2.3.4 – Hosting Reseller  
 
In order to allow the Customer to manage the functionalities related to its Hosting Reseller product, Enartia provides the Customer with the WePanel Reseller software available in certain Service plans, installed on Enartia’s servers.  
 
2.3.5 – Backup and Recovery via Superbackup  
 
Enartia provides a backup service carried out on a server separate from the server providing the hosting service. The backup is carried out daily for 7 (seven) consecutive days, during night hours. The backup is carried out by Enartia to guarantee disaster recovery and is also made available to the Customer for the recovery of its own data.  
 
Enartia undertakes to make, maintain and manage the backup with the best possible expertise; the Customer exonerates Enartia from any liability in case of loss of data during the recovery of the backup.  
In order to allow the Customer to manage the backups of its WePanel account, Enartia provides the Customer with the Superbackup software, installed on Enartia’s servers. The Customer acknowledges that the software is offered “as is”, without any guarantee, either explicit or implicit of operation, exonerating Enartia from any liability in case of malfunctioning or loss of data caused by problems with the software itself.  
 
2.3.6 – Free SSL Certificate associated with the Hosting Service  
 
If the Hosting Service includes a free SSL Certificate, its use must cease with the termination of the Hosting Service with which the SSL Certificate is associated.  
The Customer acknowledges that the Certificate can only be associated with the Hosting package initially purchased and cannot be exported or used on another Service.  
 
In the event of renewal of the Hosting Service including a free SSL Certificate, Enartia reserves the right to provide the Customer with an SSL Certificate issued by a different Certification Authority or an SSL Certificate that has partially different characteristics from the one initially provided.  
Furthermore, Enartia reserves the right to modify the procedures for issuing and renewing an SSL Certificate, in order to ensure the correct provision of the Service or to comply with the information and procedures required by the Certification Authority issuing or renewing the SSL Certificate.  
 
The Customer undertakes to comply with the contractual documentation, policies, manuals and regulations laid down by the Certification Authority that issued the SSL Certificate.  
Depending on the Certification Authority that issued the SSL Certificate, the Customer is informed that the following documents shall apply: 
 
(i) for SSL Certificates issued by the Let’s Encrypt CA, the Customer declares to have read and accepted the documentation relating to the SSL Certificates published by the CA at the link:  
https://letsencrypt.org/repository/.  
 
2.4 – Responsibility of Enartia  
 
The Service shall be available 24 hours a day for 7 (seven) days a week, excluding and excepting possible suspensions for maintenance work. Without prejudice to Article 6 of the GCS , Enartia shall not be liable for any interruption of the Service, which it agrees to restore in the shortest possible time and which is not attributable to fraud or gross negligence on the part of Enartia.  

Enartia may, at any time, interrupt the Service if there are justified security reasons and/or guarantee of confidentiality, in which case it shall inform the Customer.  
 
Enartia is responsible for the security of the proprietary applications and consequently of the code released within the service provisioning systems and service delivery interfaces. Enartia develops and deploys code changes in a secure manner, using a separation of development, test and production environments, using test and code coverage procedures for automatic and manual quality validation, and maintaining strict code versioning standards to facilitate deployment and roll back activities.  

Enartia ensures that all access to code, production environments and traffic data are strictly technically constrained and reflect official authentication levels and permissions. Enartia performs periodic and at each production release checks for the presence of known OWASP vulnerabilities: (https://www.owasp.org/images/c/c9/OWASP_Top_10_-_2013_-_Italiano.pdf).  
 
Without prejudice to the provisions of Article 6 of the GCS , Enartia shall in no case be held liable in the event of malfunctioning of the Service due to events beyond the reasonable control of Enartia such as, but not limited to:  
– events of force majeure  
– events dependent on the actions of third parties such as, but not limited to, the interruption or malfunctioning of the services of telecommunications operators and/or power lines or acts or omissions of the competent Registration Authorities  
– malfunctioning of the terminals or other communication systems used by the Customer.  
 
2.5 – Complaints  
 
The Customer shall notify of any irregularities in the Service by Enartia letter with return receipt within the next 48 hours. Failure to report in the manner and within the time limits set out above relieves Enartia of all liability.  
 
3 – Duration  
 
This SO, depending on the choice made by the Customer during the purchase procedure or later from its control panel, may last one year or several years, without prejudice to what is defined in the paragraph “Service on Domain Names maintained by Enartia”. Renewal upon expiry may be automatic or manual.  
 
3.1 – Expiry with automatic renewal  
 
In the case of expiry with automatic renewal and payment by debit or credit card or PayPal, the fees set out in the following paragraph “Fees and Payments” shall be debited, under the terms and conditions existing at the time of renewal, as indicated in the control panel, directly by Enartia from the Customer’s bank account, after notification by e-mail. If it is not possible for Enartia to proceed with this debit, the contract cannot be renewed automatically, and the contract shall be deemed to have expired within the term. In this situation, the Customer may renew the Service by following the manual renewal procedure. 
 
In the case of expiry with automatic renewal and payment by a system other than debit or credit card, or PayPal Enartia will, 20 (twenty) days before the expiry date, proceed, after notification by email, to carry out the renewal and send an invoice to the Customer, which must be paid within the terms set out therein. The invoice and related payment instructions will be sent by surface mail to the address stored in the files at the time of the order. In the event that the Customer does not pay within the terms provided, Enartia may interrupt the provision of the Service at any time, except as provided for in Article 4 of the GCS. In this case, all data on the space provided with the Service will be deleted without any responsibility of Enartia for maintaining and/or saving the same.  
 
3.2 – Expiry with manual renewal  
 
In the case of expiry with manual renewal, the Customer may request Enartia, through the online procedure made available by Enartia, to renew the Service with this SO for further and subsequent periods within the terms that will appear on the Customer’s control panel and at the technical and economic conditions in place at the time of renewal of the Service and by performing the renewal procedure. In the event of failure to renew, in the form and within the terms indicated above, upon expiry the Service shall cease to be provided, and this SO shall cease to produce its effects by right, without the need for any communication from Enartia. In this case, all data on the space provided with the Service shall be deleted without any responsibility of Enartia for maintaining and/or saving the same.  
 
3.3 – Termination of the Contract  
In any case of termination of the effects of the contract and/or in the event of non-existence of the above Terms of Service, in addition to the deactivation of the functions referred to in the offer, all data on the space made available with the Service shall be deleted with the exclusion of any and all responsibility of Enartia for maintaining and/or saving the same.  
It shall therefore be the Customer’s responsibility to save the data on a different medium before the expiry date if it does not intend to renew the Service.  
 
4 – Fees and Payments  
The Fees for the provision of the Service requested are indicated in the Commercial Offer. The provision of the Service shall be deemed agreed upon from the moment of payment of the Service fee by the means indicated in the Offer. The renewal price shall be the list price applied by Enartia at the time of the request by the Customer and resulting from the control panel.  
 
5 – Data Controller in accordance with Reg. (EU) 679/2016  
With reference to the establishment of this contractual relationship, the Parties acknowledge that they have mutually informed each other pursuant to Reg. (EU) 679/2016 regarding the protection of personal data (hereinafter: “General Data Protection” or “GDPR”) and they undertake to carry out any processing of personal data in full compliance with the applicable legislation.   

It is hereby acknowledged that Enartia shall act as Data Controller for the Customer’s personal data for the issuing of necessary documents (e.g. Invoices) and administration purposes. For more information, please read the Enartia Privacy Notice.  

In the context of the use of the Service provided by Enartia, in particular, the Customer acknowledges acting as the Data Controller of the personal data of any third parties who interact with the Customer and / or with its website. With respect to the processing of the personal data of such third parties, therefore, and with specific reference to the provision of the technological services underlying the provision of the Service purchased by the Customer or to any requests for technical assistance, Enartia will act as Data Processor. The data processing relationship between the Parties is defined in the Enartia Data Processing Agreement, which constitutes an integral part of these Terms.