Art. 17.  Limitations  of  Liability of  YAKUT HOST

YAKUT HOST acknowledges and recognizes that the input of information into the space and the subsequent dissemination of the same on the internet network, through YAKUT HOST’s services, are carried out exclusively at the Customer’s own risk. The Customer acknowledges that the internet network is not controlled by YAKUT HOST and that, due to its peculiar structure, neither public nor private entities, including YAKUT HOST, can guarantee and monitor the performance and functionality of the network branches or control the contents of the information transmitted through its network. Therefore, the Customer acknowledges and accepts that no responsibility can be attributed to YAKUT HOST for the transmission or receipt of illegal information of any kind. The Customer agrees to indemnify YAKUT HOST for any liability action that may be initiated by third parties in relation to violations of national or international laws committed by the Customer. The Customer shall bear all costs, damages, and charges, including any legal fees, arising from such liability actions and undertakes to inform YAKUT HOST if such a liability action is initiated against it.

YAKUT HOST does not provide any guarantee to the Customer or third parties that the Service is perfectly suited to particular purposes. No responsibility may be attributed to YAKUT HOST if the provision of the Service, with the precise characteristics required by the Customer, is conditional on the actions of third parties (for example, but not limited to: YAKUT HOST’s suppliers).

The Client, relieving YAKUT HOST of any relevant responsibility, acknowledges and accepts that:

• The use of services provided in collaboration with other infrastructures (national and international) is limited to the boundaries and rules established by the managers of such services, as well as by the laws in force in the countries hosting such services and by relevant international laws.
• Technical interruptions of services due to failures and malfunctions of machines and software, whether owned by YAKUT HOST or its suppliers, are always possible.
• The very nature of Internet services, in which many entities are involved, does not allow YAKUT HOST to provide any guarantee regarding the constant usability of the service and/or the possibility of reaching any web space from all over the world and/or the transmission and reception of information and/or the delivery and reception of mail messages, let alone guarantee the confidentiality and privacy of the same.
• The actual speed of the Internet connection depends on the degree of network congestion, the quality of the access network, and the Customer’s equipment. Therefore, YAKUT HOST is unable to guarantee the actual achievement of the nominal speed.
• The use of internet services to other nodes of the internet network, not under the management of YAKUT HOST, will be subject to the limitations and responsibilities established by each service provider and must be carried out in accordance with the laws in force in the countries hosting these nodes and services, with international legislation in this area, and with the regulations of use of the networks and nodes concerned.

YAKUT HOST is committed to ensuring the best functionality of the system but does not assume any responsibility towards its Customers or Third Parties for delays, malfunctions, suspension, and/or interruption in the provision of the Service caused by causes not attributable to it, such as, but not limited to:

• Unforeseeable circumstances, catastrophic events, and force majeure.
• Actions of third parties (for example, but not limited to: unauthorized publication by third parties of texts entered by the Customer in any messaging area, public or private).
• Malfunctioning or non-conformity of the connection devices with which the Customer is equipped or, in any case, of those used by him/her.
• Tampering with or intervention in the services or equipment carried out by the Client or by Third Parties not authorized by YAKUT HOST.
• Incorrect use or non-compliant use of the Service by the Customer, to these Terms and Conditions of Use, or otherwise failure of the Customer to comply.
• Failures and malfunctions of machines and software, whether owned by YAKUT HOST or its suppliers.

In such cases, YAKUT HOST shall not be liable for any loss, damage, or injury suffered by the Customer and/or Third Parties, whether direct or indirect, foreseeable or unforeseeable, including but not limited to economic/financial losses, business, revenues and profits, and/or commercial goodwill. Therefore, the Customer acknowledges and accepts that it shall have no claim against YAKUT HOST for compensation, indemnity, reimbursement, or any other reason.