Service Order for authenticated SMTP Service

This Service Order (“SO”) is an integral and essential part of the General Conditions of Service (“GCS”). The GCS and this SO establish the terms and conditions for provision of the authenticated SMTP Service (“SMTP Service”) by Amen to the Customer.

1 – Description of the SMTP Service

The SMTP Service consists of provision by Amen to the Customer of use of its outgoing mail server for the transmission of electronic mail after authentication by the Customer with his/her username and password. In order to use the product the customer has to configure it as described on the Amen website.

2 – Options and Conditions for Provision of the SMTP Service

Amen provides the SMTP Service only and exclusively when all of the following conditions are satisfied:
– existence of Customer Domain Name maintained by Amen as Maintainer, Registrar, or Reseller. The SMTP Service can only be used in addition to a Domain maintained by Amen;
– for the entire duration of the SMTP Service, use of authorized DNS of Amen for the Domain name. The Customer certifies that he/she is aware that use of authorized DNS other than those of Amen will prevent use of the SMTP Service and that he/she will be able to use it again only after the Amen authorized DNS are reconfigured;
– activation of at least one Amen POP 3 mail account;
– standard configuration of the MX and POP 3 record (or on the mail server of Amen)
The Customer certifies that he/she is aware that failure to satisfy one or more of the aforementioned conditions will prevent use of the SMTP Service. Therefore, the Customer is hereby informed that if he or she does not renew or transfers his Domain Name to another Maintainer or configures his/her Domain Name on authorized DNS different from those of Amen or changes the configuration of the mail record, it will be technically impossible for Amen to continue providing the SMTP Service. It will consequently be terminated immediately, without prejudice to the right of Amen to receive payment for the entire consideration envisaged for the Service.
SMTP SERVER: the outgoing mail servers provided by Amen for transmission of electronic mail will be shared by the Customers of Amen, which therefore will be subject to the limitations of use specified in the offer published on the website of Amen. Amen reserves the right to make promotional offers during the term of the agreement and at other times. These offers will be published and highlighted on its website. The terms and conditions of these offers must be complied with if they are accepted.
DATA: all the data and content sent by the Customer through the SMTP Service are and will remain of the exclusive property of the Customer. The Customer consequently assumes all liability for these data and their content.
USER RULES: the Customer promises not to use the Service for illegal purposes, to comply with the user rules, and not to violate any applicable national and international laws and regulations. The Customer also promises to comply with the Netiquette rules available on the website http://www.nic.it/NA/netiquette.txt.
In particular, the Customer guarantees that he/she will not directly and/or indirectly engage in spamming (i.e. sending communications via e-mail that are not authorized, not requested, and/or not solicited by the recipients). Amen reminds the Customer that this practice is forbidden by Netiquette rules and Legislative Decree no. 196/03 (“Privacy Protection Code”).
Amen reserves the right to suspend the Service immediately if, in its unilateral opinion or following reports by others, it believes that the Customer uses the Service to engage in activities violating the obligations envisaged in this clause. In this case, after being notified by Amen via e-mail, the customer will receive a notification via e-mail by Amen, indicating the corrective actions. In case of fraudolent use of the service Amen will have the right in its sole discretion to immediately terminate the contract, without prejudice to its right to full payment of the consideration and its right to sue for full compensation of any damage it might suffer. It is agreed that Amen may cancel the agreement in any event and at its own discretion if it determines that spam was sent. Amen also reserves the right to interrupt or temporarily suspend Service for maintenance work or updates after sending a notice 48 hours in advance to the Customer via e-mail or otherwise. Furthermore, Amen will not be liable in the event of any limitations imposed by the connection providers that might prejudice proper functioning of the SMTP Service. Regardless, Amen reserves the right to change the rules for use of the SMTP Service after serving notice on the Customers at least 15 days in advance (e.g. by envisaging that the SMTP Service can be used only by those who have their e-mail configured on Amen).
DEVICES: Amen does not provide the Customer with any devices.

3 – Term

As decided by the Customer during the purchase procedure or afterwards, from his toolbar, this SO may expire a) with or b) without tacit renewal.
a) In the case of expiration with tacit renewal and credit card payment, the consideration set forth in the following article “Consideration and Payments” will be billed directly by Amen to the Customer’s credit card, in accordance with the terms and conditions in effect at the time of renewal, as illustrated on the toolbar following notification via e-mail. If Amen cannot bill this charge, the agreement cannot be tacitly renewed and will be considered definitively expired at the envisaged expiration date. In this case, the Customer may renew the service by following the procedure described hereunder at . In the case of expiration with tacit renewal and payment with a system other than credit card, 20 days before the expiration date Amen will execute the renewal and send the invoice to the Customer. This invoice must be paid in accordance with the terms set forth therein. The invoice and payment instructions will be sent via surface mail to the address recorded in Amen files at the time of the order. If the Customer does not make payment by the envisaged deadline, Amen may interrupt the service at any time, except as envisaged in Article 6 of the General Conditions of Service.
b) In the event of expiration without tacit renewal, the Customer may request that Amen, through the online procedure provided by Amen, to renew the service with this SO for additional, subsequent periods by the deadlines appearing on the Customer’s toolbar and at the technical and economic conditions in effect when the service is renewed, executing the renewal procedure. If it is not renewed in the forms and by the deadlines indicated above, when this SO expires, it will lawfully cease to have any effect, without it being necessary for Amen to send any further notices.

4 – Consideration and Payments

The Consideration for the SMTP Service is that indicated in the offer. All prices must be considered exclusive of VAT. The payment of consideration for the SMTP Service must be made by credit card, by filling out the payment form during the registration procedure.