Newsgroup: it.lavoro.professioni.webmaster
Titolo: hosting mese x mese quando non si rinnova pagamento vi è implicita fine?

da tempo avevo un hosting vps straniero che pagavo mese per mese;
poi dall'anno scorso non usando piu' non ho pagato;
loro hannno inviato prima email di richiesta, una seconda e poi una terza
con richiesta finale altrimenti sospendevano tutto;
ad un anno di distanza invece mese per mese hanno continuato a inviare
email di pagamento;
ipotizzo che non abbiano mai sospeso;
pensavo che fosse un errore del software e nanche ho letto email;
vedendo questo mese ancora arrivare richiesta di pagamento ho risposto che
era un annno che non usavo;
la loro risposta è che devo pagare tutto perchè dovevo avvisare che non
usavo più;
Io sapevo che non serve avvisare; tra l'altro x altri host ho smepre fatto
così e mai nessuno ha creato problemi o mai richiesto niente; in automatico
quando non si rinnova il pagamento il servizio viene chiuso;
 
Ho fatto presente la cosa, ma hanno detto che agiranno in maniera forzata
per la riscossione;
 
A parte che credo che non possano e che comunque si dovrà fare causa;
cosa potrei rispondere per non avre piu' rotture;
Io il servizio non l'ho usato, loro dopo la prima voltà perchè non hanno
sospeso come dicevano per email

 poi dall'anno scorso non usando piu' non ho pagato;
 
credo che sia lo stesso che sta inviando mail a me...
 
-- 
Maurizio Pistone    strenua nos exercet inertia  Hor.
 
http://blog.mauriziopistone.it
 
 
http://www.lacabalesta.it
 
 
http://blog.ilpugnonellocchio.it
 

 Io sapevo che non serve avvisare;
 
Non hai indicato il nome del fornitore quindi nessuno può essere 
specifico al tuo caso.
 
Non c'è una norma generale devi leggere il contratto che hai 
sottoscritto quando hai attivato il servizio e tutti gli "io sapevo, 
pensavo…" e "gli altri fanno così" non valgono a niente.
 
Intanto segnala la disdetta della fornitura ora, così pagherai solo un 
anno e non anche quelli che passeranno prima che la storia finisca.

 anno e non anche quelli che passeranno prima che la storia finisca.
 
vi è un particolare:
ho una email in cui loro dicono che sospendevano account, pero' non hanno
mai fatto;
non è sufficiente questo a rendere implicito che tra le loro regole 
comunque è prevista un blocco di tutto?

 credo che sia lo stesso che sta inviando mail a me...
 
se ti riferisci all'hosting 
è s.......
t.com
 
 
ma che fanno prendono i soldi da paypal ?


No. Io posso bloccarti il servizio perché non paghi ma il contratto rimane 
in essere.
Prova a smettere di pagare la telecom e vedi se semplicemente ti chiudono il 
contratto 
-- 
Roberto Tagliaferri-Linux user #30785 <-> r.tagliaferri@(forse)
tosnet.it
 
www.robyt.eu
 
 


Dipende comunque molto anche dal fornitore:
Dato che mi avete messo la pulce nell'orecchio ho appena chiesto lumi a 
entrambi i fornitori di VPS cui mi appoggio ora: vpsslim e inceptionhosting
In entrambi i casi mi confermano che basterebbe ignorare le scadenze e 
loro dismetterebbero l'account ranzando il VPS
Entrambi comunque chiedono di cancellarsi se già si sa che non si 
rinnoverà, e questo mi pare corretto
M
 
-- 
I fatti mi cosano

queste le condizioni (non so se le ultimissime) ma io preso anni fa quindi
non so se hanno cambiato qualcosa nel tempo
 
 
 
da considerare che dopo il primo pagamento non fatto loro hanno inviato
email in cuid idv�cevano che era ultimo aviso e che sospendaevano account;
 
fatto � che nei mesi ssuccesivi hanno continuato ad inviare nuove fatture;
non la stessa ma per ogni mese come se io continuassi ad usare e a non
pagare
 
sto solo cercando di capire
poi non ho capito se io non avvisavo che continuavano a invaire email di
richiesta e mettiamo che non usavo piu' l'email; loro per anni mandavano
fatture e poi visto che hanno ragione potevano richiedere l'importo dovuto?
ci sar� pure un vincolo che nel momento in cui sospendi il servizio 
ti � dovuto quello fino a quel punto e non successivamente
 
Terms of Service
 
Performance. HOSTING agrees to provide and customer agrees to purchase the
services requested by customer from the website, in email or in writing.
Customer may add services via any of the 3 methods and agrees to pay in
advance for them whether they be 1 time charges or recurring monthly fees.
 
Changes. No changes to this agreement shall be binding except those in
writing counter-executed by both parties. Deviations in pricing shall be
agreed to in writing. Email confirmed by both parties shall suffice.
 
Invoices, Payment. HOSTING will invoice Customer for Fees and Expenses
monthly; provided, however, that HOSTING may invoice Customer for Fees and
Expenses associated with Service(s) provided pursuant to a customer request
immediately upon HOSTING's provision of such Service(s). Customer
acknowledges that HOSTING will invoice certain Service(s) (including
without limitation telecommunications services) in advance of the provision
of such Service(s). Payment shall be due immediately upon the invoice date
for recurring monthly services whether or not customer has received an
invoice yet or not. Invoices which remain unpaid fifteen (15) days after
receipt of same by Customer shall accrue interest at a rate of one and a
half percent (1.5%) per month (or at the maximum interest rate otherwise
allowed by law) until paid in full and service may be terminated for non
payment after 7 days at HOSTING option. Expenses shall be included on an
invoice only to the extent that the actual amount of Expenses is known to
HOSTING at the time the invoice is issued, and Expenses for which an actual
amount is not known to HOSTING at the time an invoice is issued may be
included on subsequent invoices. Unless otherwise agreed in writing by the
Parties, the failure of HOSTING to include earned or incurred Fees or
Expenses on a given invoice shall not relieve Customer of its obligation to
pay such Fees or Expenses. Customer's obligation to pay Fees or Expenses
shall survive the termination of this Agreement for any reason whatsoever.
 
Bandwidth Overages. Customer agrees that advertised bandwidth allowances
represent the sum of the incoming and outgoing allowances, such that the
incoming bandwidth allowance is half of the advertised value and the
outgoing bandwidth allowance is half of the advertised value. Customer
agrees that bandwidth usage that exceeds the allowance either incoming or
outgoing shall be billed at $1.00 per GigaByte.
 
Security Interest. Customer grants HOSTING a blanket security interest in
the customer's contract with their customers who are renting servers from
them in the HOSTING data center in the event of non-payment by customer -
customer agrees that HOSTING may take these customer contracts direct
without a tortious interference claim to protect the credit balance owed
HOSTING by customer and full ownership of the contracts shall transfer as
well if balance is more than 60 days old.
 
Term. The term of this Agreement shall begin upon the date the server is
installed and made available to customer and shall be for 1 month and shall
renew for successive 1 month terms until terminated by either Party upon
the sooner of (i) thirty (30) days prior written notice to the other Party,
or (ii) the expiration or termination of all Service(s) set forth in the
Statement of Work and all Work Order(s).
 
Termination Due to Breach. In the event that Customer commits a material
breach of any of its obligations hereunder, HOSTING may terminate this
Agreement or (at HOSTING's sole option) suspend, interrupt or terminate one
or more Service(s) to which such breach pertains by sending written notice
of termination to Customer with termination effective as of the fifth (5th)
calendar day after the date such notice is given.
 
Effects of Termination. Unless the Parties agree otherwise in writing,
termination of the Agreement shall also serve to terminate all Service(s)
and Statements of Work and to cancel all Work Orders, and Customer shall
pay HOSTING all Fees and Expenses earned or incurred by HOSTING pursuant to
such Service(s), Statements of Work and Work Orders through the date of
termination, less any payments made hereunder by Customer prior to said
termination. Additionally, all property of each Party which is in
possession of the other Party shall be returned to its owner. In the event
one or more Service(s) is terminated prior to the expiration of the Term
for such Service(s) (other than due to a material breach of this Agreement
by HOSTING.
 
Warranties of HOSTING. 99.9% uptime
...
 
EXCEPT AS SET FORTH IN SECTION 4.1.1, HOSTING MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH
RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED. Customer expressly
acknowledges and agrees that proper provision of the Service(s) is
dependent upon the provision to HOSTING by Customer of timely and accurate
information regarding (i) Customer's needs and expectations regarding the
Service(s), and (ii) all operational, technological or other data which
Customer knows or should know is relevant to the provision of the
Service(s) (collectively "Information"). Customer shall provide the
Information to HOSTING in a timely manner and the Information shall be
accurate. Customer agrees that, in the event of Customer's breach of its
obligations in this Section 4.1, the warranty set forth in Section 4.1
shall be null and void.
 
Warranties of Customer. Customer hereby covenants, represents and warrants
that:
Customer will not, and will not permit others to, use any Service(s) (i)
for any unlawful or illegal purpose or in connection with or in furtherance
of any unlawful or illegal activity, (ii) in violation of any applicable
law or regulation, (iii) in a manner that will, or is likely to, infringe
the copyright, trademark, trade secret or other intellectual property
rights of others or violate the right of privacy, publicity or other
personal rights of others, or (iv) in connection with any conduct or
activity that is, in the sole opinion of HOSTING, defamatory, indecent,
obscene, offensive, threatening, abusive, hateful, tortious or violative of
the rights of any other person or entity; Customer will not, and will not
permit others to, do any act which may interfere with or compromise the
security or functionality of any Service(s), including without limitation
attempting to probe or test the vulnerability of any system or network
connected to or accessible by the Service(s);No equipment owned, leased,
maintained by or controlled by Customer or by any third party which is
connected to or utilized the Service(s) with the consent of Customer will
(i) interfere with or impair any Service(s) or any plant, services or
facilities of any Indemnitees or of any third party, (ii) unlawfully
interfere with or impair the transmission of privacy of any data or
communications transmitted over the Service(s) or over any plant, services
or facilities of any Indemnitees or of any third party, or (iii) create,
cause or contribute to the creation or causing of a hazard to any
Indemnitees or to any third party;
 
Indemnification. HOSTING reserves the right to suspend, interrupt or
terminate any Service(s) or this Agreement immediately without further
notice in the event of a breach by Customer of Section 4.2. HOSTING
reserves the right to remove, delete, disable or block transmission of any
data or materials which HOSTING reasonably believes constitute, either
alone or in conjunction with other acts, omissions or data or materials, a
breach or potential breach by Customer of Section 4.2. Customer agrees to
defend, indemnify and hold harmless HOSTING, its successors or assigns,
subsidiaries, officers, directors, employees, agents, independent
contractors, licensees, licensors, suppliers and customers (excluding
Customer) (collectively "Indemnitees") against any and all claims,
liability, loss, damage, or harm (including without limitation reasonable
legal and accounting fees) suffered by such Indemnitees (including without
limitation claims, liability, loss, damage, or harm in connection with
death, bodily injury or injury to real or personal property) arising from
or in connection with (i) Customer's purchase or use of any Service(s),
including without limitation any claims, liability, loss, damage, harm
suffered by such Indemnitees arising from or in connection with the use by
any third party of any Service(s) purchased by Customer regardless of
whether such use was authorized by Customer, or (ii) Customer's breach of
any provision of this Agreement.
 
Limitation of Liability. Any other provision of this Agreement to the
contrary notwithstanding, the aggregate liability of all Indemnitees for
any losses or damage, whether direct or indirect, arising out of or in
connection with the Service(s), including without limitation any cause of
action sounding in contract, tort or strict liability, shall be limited to
actual, direct damages incurred but in no event shall exceed the greater of
(i) One Thousand Dollars, or (ii) the Fees paid by Customer to HOSTING
during the two (2) months preceding the month in which liability arose for
the Service(s) in connection with which such liability arose. HOSTING shall
not be liable for lost profits or other consequential damages, cover
damages, or for any claims against Customer by any third party, even if
HOSTING was advised of the possibility of same. Under no circumstances
shall HOSTING be liable hereunder for special damages, consequential
damages, general damages, incidental damages, indirect damages, or
exemplary or punitive damages. No action arising out of this Agreement,
regardless of form, may be brought by Customer against HOSTING more than
one (1) year after the cause of action arose. Without limiting the
foregoing:
 
Customer acknowledges that HOSTING is not responsible for controlling or
monitoring any content, information, data or other materials stored on,
transmitted via, or accessible through use of, the Service(s), and HOSTING
will have no liability to Customer whatsoever in connection with such
content, information, data or other materials (including without limitation
the accuracy or suitability thereof or unauthorized access or damage to,
alteration, theft, corruption destruction or loss of, Customer's data or
other materials); HOSTING will have no liability to Customer whatsoever in
connection with any harm or loss arising from or in connection with
unauthorized access to the Service(s); and all Indemnitees are expressly
made third party beneficiaries of this Section 5.
 
This Section 5 shall survive expiration or termination of this Agreement
for any reason whatsoever.
 
HOSTING and Customer acknowledge that proprietary and confidential
information (including without limitation trade secrets) (collectively
"Proprietary Information") of each Party may be disclosed to the other
Party throughout the term of this Agreement. Each Party agrees to not
reverse engineer, decompile, disclose to any third party, or to use for any
purpose not strictly required for such Party's performance hereunder, such
Proprietary Information except to the extent that such Proprietary
Information was: (i) made publicly available by the owner of the
Proprietary Information or lawfully disclosed by a non-party to this
Agreement; (ii) lawfully obtained from any source other than the owner of
the Proprietary Information; (iii) independently developed by personnel of
the receiving Party to whom Proprietary Information had not been previously
disclosed and not based on or derived from such Proprietary Information; or
(iv) previously known to the receiving Party without an obligation to keep
it confidential. Customer will not contract directly with any subcontractor
relationships that HOSTING has under this agreement or are connected to
future services related to this agreement or that are of the same nature.
Anything to the contrary herein notwithstanding, HOSTING may disclose such
information to its successors or assigns, subsidiaries, officers,
directors, employees, agents, independent contractors, licensees, licensors
and suppliers which have signed and are bound by a suitable non-disclosure
agreement with HOSTING in order for HOSTING to perform the service in this
contract. The obligations set forth in this Section 6 shall survive the
termination of this Agreement for any reason whatsoever for a period of
three (3) years; provided, however, that, with respect to Proprietary
Information which constitutes a trade secret, the obligations set forth in
this Section 6 shall survive the termination of this Agreement for any
reason whatsoever for so long as such Proprietary Information constitutes a
trade secret under applicable law.
 
Force Majeure. If either Party shall be prevented from performing any
portion of this Agreement (except the payment of money) by causes beyond
its control, including labor disputes, civil commotion, war, governmental
regulations or controls, casualty, inability to obtain materials or
Service(s) or acts of God, such Party shall be excused from performance for
the period of the delay and the time for such Party's performance shall be
extended for a period of time equal to the duration of such delay
 
Construction, Venue, Jurisdiction. This Agreement and any claim, action,
suit, proceeding or dispute arising out of or in connection with this
Agreement shall in all respects be governed by, and interpreted in
accordance with, the substantive laws of The Netherlands. Venue for any
actions arising under this Agreement shall vest exclusively in courts
located in The Netherlands. Customer hereby submits to the jurisdiction of
the aforementioned courts, and agrees that it will not assert lack of
personal jurisdiction as a defense to any such action. Customer
acknowledges that their attorney has reviewed and participated in the
construction of this document and nothing herein shall be viewed as to have
favorable construction.
 
Waiver.No waiver of any right or remedy shall be valid unless in writing
and delivered to the other Party, and waiver of a right or remedy on one
occasion by a Party shall not be deemed a waiver of such right or remedy on
any other occasion.
 
Integration. This Agreement, including all referenced or attached exhibits,
schedules, attachments or documents, sets forth the entire agreement and
understanding between the Parties pertaining to their subject matter and
supersedes all prior or contemporaneous discussions, agreements, promises
or understandings between the Parties. Neither Party shall be bound by any
conditions, definitions, warranties, understandings or representations with
respect to such subject matter other than as expressly provided in this
Agreement.
 
Superior Agreement. This Agreement shall not be supplemented or modified by
any course of dealing or trade usage. Addition to or variance from the
terms and conditions of the Agreement by Customer, including without
limitation any additional or varying terms contained in Customer's
preprinted forms, correspondence or other documents transmitted to HOSTING,
shall be of no effect, unless otherwise expressly provided in the
Agreement.
 
Assignment. This Agreement is not assignable by Customer, in whole or in
part, voluntarily or involuntarily, including by operation of law or by
merger in which Customer does not survive, without HOSTING's prior written
consent. Any attempted assignment without HOSTING's written consent shall
be null and void.
 
Notice. Unless otherwise agreed to by the Parties, all notices required
under the Agreement shall be delivered in writing, addressed and sent to
the address provided herein and to the attention of the Party executing the
Agreement or the person's successor, by either (i) registered mail, (ii)
certified mail, return receipt requested, or (iii) overnight mail, or (iv)
by telephone facsimile transfer (v) email that is replied to as accepted -
appropriately directed to the attention of the Party executing the
Agreement or that person's successor. Unless otherwise agreed to by the
Parties, all notices required under the Agreement shall be deemed effective
when received.
 
Severability. If any provision of the Agreement is held invalid, illegal,
or unenforceable, the validity, legality and enforceability of the
remaining provisions shall remain in full force and effect.
 
Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original and all of which taken together shall
constitute one and the same Agreement.
 
Acceptance - payment of customer of the first months fees shall constitute
acceptance of this agreement. This agreement shall be modified from time to
time by HOSTING and the then current version shall be posted on the HOSTING
website. If customer does not agree to the new terms - customer should
cease utilizing the services at the next term.
 
If you are terminated due to a violation of our terms of service you agree
that you will not receive any partial refunds and that this shall be
considered a reasonable estimate of the liquidated damage and not a
penalty.