We remind users that, according to the laws in force, domains (including any restricted area) must not include pages with material or extract thereof which:
- offends public order and morals,
- disturbs public or private peace,
- causes offence to others or harms anyone directly or indirectly,
- violates or infringes directly or indirectly the Italian laws in force;
In more serious cases such pages will be directly reported to the competent Authorities.
In particular, by way of example only, the following are not accepted:
- pages with material relating to paedophilia (sexual feelings or acts directed toward children);
- web pages which contain pornographic material or extract thereof, that is sexually explicit material represented through any means of expression (text, images, scanning, videos, animated gif, etc.); such material can only be published in specific restricted areas created by the website owner and available only to adults through the use of a password provided by the owner of the website once the age of the applicant has been verified: limitations of liability such as "by entering this website you confirm you are of legal age", "access to this website is restricted to persons over the age of 18" or similar warnings are considered inadequate control measures as such disclaimers have no legal value.
- pages with racist or offensive content, such as praises and/or celebrations of all those inclinations which favour or produce social discriminations or which consider race as a decisive factor in the progress of society and therefore forbid relationships with other races, considered an inferior race, through discrimination or in extreme cases violence, persecution and extermination. Moreover it is forbidden to include pages with religious, political or philosophical provocations etc. which cause intolerance, sectarianism and extremism;
- pages which contain viruses or harmful components, pirate software, cracks, keygenerators, serials, applications with the purpose of damaging the integrity of resources or that contribute to actions aimed at violating or attempting to violate the confidentiality of private messages (virus and the like will be deleted directly by the servers);
- pages containing material or extract thereof protected by trade-mark, patent, copyright (for example: music or multimedia files, protected by copyright, etc. Entering mp3 files will only be permitted if the user is the legal owner of the piece of music/song as author or publisher) or other legal or customary right of third parties, except with the express written consent of the owner of such right and in any case quoting its source.
Furthermore the users are obliged to accept and follow the conditions of use for network resources set out in the 'Netiquette' document and published on the website of the Italian Naming Authority.
We quote certain parts of the Hosting agreement:
15) Obligations, restrictions and responsibilities of the Customer
15.4 By way of example only, the Customer agrees:
a) to use the Service in accordance with the intellectual and/or industrial proprietary rights of Aruba or of Third Parties and to guarantee that any material which he/she puts on the internet, even through the services provided by Aruba, is used with the consent of the owner, does not conflict with binding regulations, does not violate any copyright, trademark, patent or other rights of Third Parties or of Aruba, protected by law or the contract. Any material that is protected by copyright may only be put on the internet once the Customer has obtained usage rights from the actual owner of the relevant copyright and indicates its source;
b) not to use or allow third parties to use, directly or indirectly, the Service in violation of any applicable law, decency and/or public order, with the intention of disturbing public or private peace, causing offence, or harming others or himself/herself directly or indirectly (for example, in the web space it is forbidden to enter dialers or material or extract thereof which is racist or offensive or concerns paedophilia, while pornographic material may only be used in accordance with the laws in force e.g. in special restricted areas created by the website owner and available only to adults through the use of a password provided by the owner of the website once the age of the applicant has been verified), or in any case with the purpose of violating, infringing or inducing others to infringe directly or indirectly the Italian laws in force or in any case damaging or harming, in any way or form, the image and the trademarks of Aruba;
c) to keep the access details (login and password) of the domain as confidential as possible and not to give them out to third parties, therefore taking responsibility for their safekeeping towards Aruba and Third Parties, and to change his/her password at least every three months relieving Aruba from any responsibility in case of legal action, loss or damage (including legal expenses and fees), suffered by anyone, caused by the Customer’s failure to observe the established conditions for the storage, modification and safekeeping of the abovementioned passwords;
d) to use the web space purchased from Aruba, strictly for publishing the website and not as a storage place, or rather a tool for storing files and/or personal material and/or material which is downloaded from other websites;
e) not to implement, by using the service provided by Aruba, actions aimed at violating or which attempt to violate the computer systems and/or the security of the networks of Aruba or Third Parties, and/or the confidentiality of private messages, or in any case actions aimed at damaging the integrity of others resources or cause direct or indirect damage to others (for example by using pirate software, cracks, keygenerators, serials, any type of network attack including DOS attacks, viruses or other harmful components);
f) not to participate in any attempt to violate the computer systems and the security of the networks of Aruba or third parties through the services provided by Aruba which may lead to civil and/or criminal responsibility;
g) not to access the systems, the networks and/or information of Third Parties, without their consent, through scanning/probing techniques, vulnerability tests, attempts to violate security or authentication measures;
h) not to create dangerous and/or unstable conditions and/or other technical problems resulting from programming activity and/or methods of use which could affect the quality of the Customer’s service or the service of other Customers so as to cause damage to them, Aruba and/or to Third Parties;
i) not to publish websites with gambling content, online casinos or in any case content which breaches the Italian law 401/1989 and subsequent amendments and supplements, in the absence of authorization as required by law. In this case the Customer is obliged to send to Aruba, before publishing the abovementioned contents, a copy of the permit, authorization, license or other proof of authorization. It is agreed that should Aruba find websites or links (hypertext links) to other websites for which the abovementioned authorization was not granted, Aruba shall reserve the right to suspend the service until the required documents have been provided, and shall not offer any refund and/or compensation for damages relating to the unused services;
l) not to give out information (text or images) to the public that could damage the image of Aruba through the provided services.
m) not to take part in spamming or other similar actions (for a definition of spam see A Set of Guidelines for Mass Unsolicited Mailings and Postings (spam*), and not to use, upload, send programs (virus, Trojan horses etc), transmit or spread any material which contains viruses, other codes, files or programs created to jeopardize, interrupt, destroy or impair the correct functioning of the network, the software, the hardware or of the data transmission systems of Aruba and/or of Third Parties;
n) not to carry out phishing or other similar illegal activities intended to steal personal details or other confidential information (for example: access codes, passwords, userID) from users;
o) not to use unauthorized applications and/or scripts. The list of unauthorized applications and/or scripts, which is continuously and constantly updated, is available at http://kb.aruba.it/KB/a2086/applications-not-allowed.aspx?trans=1. It is agreed that if Aruba detects applications and/or scripts, also not included in the abovementioned list, which cause the server to malfunction (for example: if the .mdb database is corrupt or does not respect the conditions of use indicated at http://support.aruba.it/), Aruba reserves the right to take action as it sees fit in order to fix such malfunction;
p) not to store sensitive data and/or judicial data in the website, if the purchased service includes web space;
q) to take responsibility for the protection of the entered data, if the purchased service includes web space;
r) to treat and make his/her employees or collaborators treat, as confidential all the data and/or information received, gathered or processed for or due to the supply of the Service;
s) not to publish websites with newspaper headings and not to consider and/or indicate Aruba as editor and/or printer without its written consent, if the purchased service includes web space;
t) to accept and follow the conditions of use for network resources, set out in the "Netiquette" document, published on the website of the Italian Naming Authority (www.nic.it/NA/netiquette.txt), which the customer acknowledges and accepts, as well as all the regulations found in the policy of Aruba, at http://support.aruba.it/;
u) to observe the regulations set out in the policy provided by the competent Registration Authority of the chosen domain name extension, published on the relevant official websites (for example, we refer to the UDRP policy of ICANN, http://www.icann.org/en/dndr/udrp/policy.htm, and to the policy of the ccTLD “.it” Registry, http://www.nic.it/legale/regolamento-dispute-e-linee-guida-legali), the contents of which the Customer declares to know and accept.
15.5 In the event of violation or presumed violation of one or more of the abovementioned obligations, Aruba reserves the right to take action as it sees fit in order to eliminate, where possible, the violation or presumed violation and its effects, and to suspend and/or interrupt and/or disconnect the Service, immediately and without warning, also reserving the right to cancel the contract pursuant to the following article 19 and retain the amount paid by the Customer as a penalty charge except in cases of greater damage. The Customer agrees and accepts that he/she will not be entitled to claim any refund or compensation for damages from Aruba for the action it has taken.
In any case, the Customer accepts, now for then, full responsibility for the abovementioned violations and agrees to indemnify and hold Aruba harmless from any prejudicial consequence, from any loss, damages, responsibilities, costs, charges and expenses, including any legal expenses, which Aruba may suffer or incur as a result of any breach of the Customer’s obligations and of the guarantees he/she provided by accepting these General Conditions, or in any case related to the placing of information on the internet through the Service provided by Aruba, even in case of compensation for damages claimed by Third Parties for any reason.
Some additional information:
Extract from the Italian penal code on computer crime:
Art. 615 ter
Unauthorized access into a computer or data processing system
Anyone who gains unauthorized access to a computer or data processing system protected by security measures or remains in the system against the expressed or tacit approval of those with the right to deny access, shall be sentenced to three years imprisonment.
The sentence is imprisonment of one to five years:
1) if the crime is committed by a public official or by a public service officer, through abuse of power or a violation of duties concerning the function or the service, or by those who work as a private investigator even illegally, or by abusing their power as system operator;
2) if in order to commit the crime the culprit uses violence against objects or people, or is clearly armed;
3) if the crime causes the system to be destroyed or damaged or be totally or partially interrupted, or rather causes the destruction or damage of data, of information or programs it stores.
If the crimes referred to in the first and second paragraph concern computers or data processing systems of military interest or relate to public order, public safety, public healthcare, emergency services or in any case of public interest, the sentence is, respectively, imprisonment for one to five years and for three to eight years.
In the case referred to in the first paragraph the crime is punishable through legal action taken by the offended party; in the other cases the crime is punished by law.
Art 615 quater
Illegal possession and spreading of access codes to computers or data processing systems
Those, with the intention of obtaining personal profit or profit for others or causing damage to others, who illegally get hold of, reproduce, spread, communicate or give out codes, keywords or other means used to access computers or data processing systems, which are protected by security measures, or in any case provides information or instructions for the abovementioned purpose, shall be punished with imprisonment for up to one year and fined up to five-thousand-one-hundred-and-sixty-four Euro (5164 Euro).
The punishment is imprisonment from one to two years and a fine from five-thousand-one-hundred-and-sixty-four Euro (5164 Euro) up to ten-thousand-three-hundred-and-twenty-nine Euro (10329 Euro) if any of the circumstances mentioned in n. 1) and 2) of the fourth paragraph of art. 617 quater were to occur.
Art 615 quinquies
Spreading of programs intended to damage or to interrupt a computer system
Those who spread, communicate or provide computer programs which they or others have written with the purpose or effect of damaging a computer or data processing system, the information or programs it holds or which relate to it, or rather completely or partially interrupt, or alter the way it works, shall be punished with imprisonment for up to two years and fined up to ten-thousand-three-hundred-and-twenty-nine Euro (10329 Euro).