Service Order

Set out below are the specific contractual conditions applicable to each hosting solution purchased from Shine Software: This Service Order ("SO") is an integral and substantial part of the General Service Conditions ("GSC"). The GSC and this SO establish the terms and conditions for the supply of the Hosting package by Shine Software to the Customer. Capitalised terms used in this SO have the same meaning as defined in the GSC. The commercial offer published online on the website www.shinesoftware.com forms an integral part of these conditions.

1 - Description of the Hosting Service

The Hosting Service is activated by the customer following the purchase by clicking on the relevant button in the control panel and consists of the provision by Shine Software to the Customer of memory space on the hard disk of one of its servers dedicated to the sharing of space for web hosting services, the technical specifications of which are visible on the Shine Software website and/or on the control panel and which may be purchased separately at the Customer's choice.

Shine Software's servers are located in its own server farm at KPNQWEST (MI), via Caldera, and are connected to the network of telecommunications operators. The Hosting Service is offered through various solutions, each of which is defined by particular technical characteristics. The available solutions are published, in updated form, on the Shine Software website, with the technical differences and the relevant pricing indicated.

Shine Software reserves the right to formulate, including during the term of the contract, promotional offers which will be highlighted and advertised on the website, in which case the conditions and terms provided therein must be complied with, in particular as regards compliance with the limits on memory space and traffic. Shine Software informs the Customer that it is not possible to simultaneously associate with the same domain a hosting on a Linux platform and a hosting on a Windows platform, save as otherwise indicated in the offer. The choice of the type of server (e.g. Linux) on which to activate one's Hosting Service rests exclusively with the Customer, who therefore assumes responsibility for the correctness of the choice made in relation to its own needs.

2 - Hosting Service Conditions

The Hosting Service is provided by Shine Software both in relation to Domain Names of the Customer maintained by Shine Software in its capacity as Maintainer, Registrar or Reseller, and in relation to Domain Names not maintained by Shine Software. In the case of Domain Names maintained by Shine Software in its capacity as Maintainer, Registrar or Reseller, the Customer acknowledges and agrees that, where during the term of this contract the Customer does not renew or transfer the relevant Domain Name to another Maintainer, the hosting service will expire and all data and material entered by the Customer and present on Shine Software's servers will be deleted without any liability on the part of Shine Software for the retention and/or saving thereof. It will therefore be the Customer's responsibility to save the data on a different medium prior to the transfer or the failure to renew the domain. In the case, instead, of Domain Names not maintained by Shine Software, the Customer must associate the purchased Hosting service with the domain of which it is the holder or with the domain which, being free at the time of purchase of the Service, the Customer undertakes to register as soon as possible.

The Customer acknowledges and agrees that, where during the term of this contract it intends to associate the Hosting Service with a Domain Name different from the one held at the time of purchase of the Service, likewise not maintained by Shine Software, the data entered up to that point will be automatically deleted, with Shine Software being released from any liability in this regard. In such a situation it will therefore be the Customer's responsibility to save the data on a different medium. The Customer may, furthermore, at any time transfer the Domain Name to Shine Software, which will thereby become its Maintainer. Such operation must, however, necessarily be carried out by the Customer from its own control panel so as to allow Shine Software to verify that the Customer is the actual holder of the Domain Name that it intends to transfer to Shine Software. Where, on the contrary, the Customer is not the actual assignee of the Domain Name, or in any case makes the request other than from the control panel, the data entered up to that point will be automatically deleted, with Shine Software being released from any liability in this regard, without prejudice to and saving Shine Software's right to payment of the entire consideration paid as provided for the Service.

MEMORY SPACE

the memory limit specified in the offer published online on the Shine Software website may not be exceeded by the Customer. Should the customer require additional space, it may request it from the support service, obtaining at no additional cost packages of 10GB up to a maximum of one per week. Shine Software reserves the right to limit, at its sole discretion, the granting of additional disk space where this conflicts with security requirements and/or with the company's service policy. The memory space may not be used by the Customer to perform Backup operations of data exceeding 1GB of space; consequently Shine Software, in the event of a breach by the Customer of this obligation, may interrupt the Hosting Service and terminate the contract for the act and fault of the Customer itself.

TRAFFIC LIMITATIONS

The Hosting Service provides for a traffic limit defined in the offer which in any case will not be added to that which Shine Software makes available with the registration of the domain. It is further specified that in the event of an upgrade with the purchase of a different hosting solution, the traffic limit will be that provided for in the different solution purchased. In the event that the Customer exceeds said limit, a new analysis of the situation will be necessary with consequent adjustment of the technical platform and of the relevant fees. In the absence of such adjustment, Shine Software cannot be held responsible for malfunctions of the website. The Customer will be required to comply with the technical indications that Shine Software may wish to provide in the event that it has entered programs or applications into its space incorrectly. In any case, the Customer may purchase additional traffic quotas so as to increase the capacity already held by the Customer, directly through its own Control Panel, at the cost indicated therein. The terms and conditions for the use of the additional traffic will be the same as those set out in this SO. The files, programs and contents of the customer's space are the responsibility of the customer itself. Should these, due to lack of updating or to errors in the writing of the code, compromise the vulnerability of the system in such a way as to permit the access of intruders and/or be exploited by the customer itself or by third parties, whether authorised or not authorised by the customer, to indirectly damage the services provided by the platform, Shine Software may intervene and suspend the service until the customer restores normal security conditions. In the event that the Customer is unwilling to comply with the aforesaid indications or the aforesaid limit is exceeded, Shine Software reserves the right to withdraw from this contract, owing nothing in economic terms to the Customer. Furthermore, the Customer must occupy the cpu adhering to the average values used in shared hosting, equal to approximately 0.5% of the total. In any case, it will not be permitted to exceed, as peak values, 3% of the machine's total cpu. Also in such a situation, Shine Software reserves the right to withdraw from this contract, owing nothing in economic terms to the Customer, without prejudice in any case to compensation for further damages.

DATA

All data entered by the Customer into the web space granted through the Hosting Service are and remain the exclusive property of the Customer itself. The Customer, consequently, assumes any and all liability for such data and for their content. The uploading, downloading, deletion, recording and management of the data on the web space fall within the exclusive responsibility of the Customer. The Customer's data must be uploaded to Shine Software's shared server using a direct connection capable of supporting FTP (File Transfer Protocol). In the case of a request on behalf of third parties (end customers) by the Customer (or, for the purposes of this article, Reseller), the Reseller will be responsible for the data entered into the web space granted through the hosting service on behalf of the end customer. Shine Software reserves the right to immediately suspend the Service where, in its unquestionable judgement or following a report by third parties, it considers that infringing activities are being carried out. In such case, following notice by e-mail from Shine Software, the Reseller is required to eliminate the causes of the dispute or to present suitable documentation proving full compliance with the legislation in force of the activity carried out by it and/or by the end customer. In any case, Shine Software may also contact the end customer directly. In the event of a failure to respond immediately, Shine Software will have the right to interrupt the provision of the service through which unlawful and/or unauthorised activity is carried out, without prejudice to the right to full payment of the consideration and to Shine Software's right to take action for the full compensation of any damages suffered.

RULES OF USE

The Customer undertakes to use the Service in accordance with art. 8 of the GSC and with this SO and with any rule, including regulatory, that is applicable. Shine Software does not monitor the content of the Customer's web space.

LIABILITY OF SHINE SOFTWARE

The Service will be available 24 hours a day, seven days a week, save and except for any suspensions for maintenance work. Shine Software will not be liable for any interruptions of the service, which it undertakes to restore in the shortest possible time. Shine Software may, at any time, interrupt the provision of the service where justified reasons of security and/or guarantee of confidentiality arise, giving notice thereof to the Customer in such case. Shine Software may in no case be held liable in the event of a malfunction of the Service arising from events beyond the reasonable control of Shine Software such as, by way of example:

(i) events of force majeure;

(ii) events arising from the act of third parties such as, by way of mere example, the interruption or malfunction of the services of telecommunications operators and/or of the electrical lines, or acts or omissions of the competent Registration Authorities;

(iii) malfunction of the terminals or of the other communication systems used by the Customer.

Service with web space and Backup regime

In the event that the Customer has purchased a service with web space, the Customer acknowledges and accepts:

a) that it is the only party to have access to the security settings of its own website;

b) that its website is hosted or allocated on the computer system owned by Shine Software;

c) that the data published on its website for the purpose of disseminating them on the internet constitute copies of the original data which remain in its possession and at its exclusive disposal;

d) that it constitutes its exclusive responsibility to carry out, at its own care and expense, the backup of the same, save as provided for in the following paragraph

e). By reason of the foregoing, the Customer hereby releases, once and for all, Shine Software from any liability in the event of total or partial loss of data, of failure, of malfunction, of unauthorised access to the website or to the e-mail box, due to whatever cause, and acknowledges that Shine Software, in the event that the customer purchases the backup service under the conditions indicated on the Shine Software HOSTING website, will carry out a backup copy for internal use and that the functionality will be freely usable by the customer directly from its own control panel.

The internal backup will be carried out in the following manner: one backup every 24 hours.

The customer may consult, update and restore its backups directly from its own control panel. The backup copies will be available to the Customer at any time, save for possible technical interruptions of the services due to failures, malfunctions or maintenance of the machines and/or of the software. In such case the Customer will have nothing to claim by way of compensation for the failure to use the backup service. The Customer acknowledges and accepts that, however much the use of the backup service reduces the risk of data loss and makes it simpler for the Customer to have a copy of the same available, the possibility that the backup may prove incomplete and/or missing is not excluded; therefore the Customer is in any case also required to periodically and autonomously make a backup copy of the entire content of the web space, to be kept in a place different from its own web space.

The Customer acknowledges and expressly accepts that:

- during the phase of transfer of the web space from one server to another, rendered necessary for whatever reason, the backup service may prove unavailable for a limited period of time, variable on the basis of technical requirements; in such case the Customer will have nothing to claim as compensation for the failure to use the backup service;

- in the case of conversion of the domain from windows hosting to linux hosting and vice versa, and in any case before proceeding with such operation, the customer is required, at its own exclusive care, to procure the backup copies, since from that moment the previous backups will no longer be available.

In this regard, the customer hereby releases, once and for all, Shine Software from any liability for the partial or total loss of data.

COMPLAINTS

The Customer is required to report any irregularities of the service by means of a registered letter with acknowledgement of receipt within the following 48 hours. The failure to report in the manner and within the terms set out above releases Shine Software from any liability.

EQUIPMENT

Shine Software does not provide the Customer with any equipment.

3 - Term

This SO, depending on the choice made by the Customer during the purchase procedure or also subsequently from its own control panel, may have an expiry a) with or b) without tacit renewal. In the case of expiry with tacit renewal and payment by credit card, the fees referred to in the subsequent art. "Fees and Payments" will be charged, within the terms provided and under the conditions existing at the time of renewal, as indicated in the control panel, directly by Shine Software to the Customer's credit card, upon prior notice by e-mail. Where it is not possible for Shine Software to proceed with such charge, the contract may not renew tacitly and the same must be deemed without further ado to have expired within the established term. In such a situation the Customer may renew the service by following the procedure that follows;

a) In the case of expiry with tacit renewal and payment by a system other than credit card, Shine Software, 20 days before expiry, will proceed, upon prior notice by email, to carry out the renewal and send an invoice to the Customer, which must be paid within the terms provided therein. The invoice and the relevant payment instructions will be sent by surface mail to the address stored in the records at the time of the order. In the event that the Customer does not proceed with payment within the established terms, Shine Software may interrupt the provision of the service at any time, without prejudice in any case to the provisions of art. 6 of the GSC

b) In the case of expiry without tacit renewal, the Customer may request Shine Software, by email or through the online procedure made available by Shine Software, to renew the service under this SO for further and subsequent periods within the terms that will appear on the Customer's control panel and under the technical and economic conditions in force at the time of the renewal of the service and by carrying out the renewal procedure. In the event of failure to renew, in the forms and within the terms indicated above, upon expiry this SO will cease to produce its effects as of right, without the need for any notice from Shine Software.

In any case, the customer must, within 20 days before expiry, make the payment, allowing Shine Software the time necessary in order for the renewal to take place. In the event of delay in the renewal, Shine Software shall not be held responsible for the loss of the domain. Finally, in the event of cessation of the effects of the contract and/or in the event of the failure to subsist of the foregoing Service Conditions, in addition to the deactivation of the functions referred to in the offer, all data and material entered by the Customer and present on Shine Software's servers will be deleted without any liability on the part of Shine Software for the retention and/or saving thereof. It will therefore be the Customer's responsibility to save the data on a different medium prior to the expiry date should it not intend to renew the service.

4 - Fees and Payments

The Fees for the provision of the requested Service are those indicated in the Offer. The provision of the Service is deemed agreed as of the moment of payment of the consideration for the Service by the means indicated in the offer. The price of the renewal will be the list price applied by Shine Software at the time of the request by the Customer and resulting from the control panel.