Use of the services, notices and content handling

DataMind S.r.l., with registered office at Via delle Mondariso, 3, 28100 Novara (NO), Italy, provides infrastructure services including virtual private servers (VPS), cloud services, storage, backup, colocation, connectivity and ancillary technical services.

To the extent that the services provided by DataMind constitute intermediary services or information storage (“hosting”) services within the meaning of the DSA, the obligations laid down by the Regulation apply according to their respective scope.

This page supplements the information contained in the General Terms and Conditions of Supply of the DataMind Services, rev. B of 16 September 2026, published at www.datamindsrl.it/condizioni-generali.pdf.

Where a contractual relationship with a Customer exists, the General Terms and any Particular Conditions contained in the Offer continue to apply.

The DataMind Services must be used in compliance with the law, with the rights of third parties, with the General Terms and with the conditions applicable to the specific Service.

The Services may not be used to host, transmit, make available or carry out unlawful activities or, in the cases provided for by the General Terms, activities liable to compromise the security or proper functioning of the DataMind infrastructure, of other customers or of third parties.

In particular, under art. 7.1 of the General Terms it is prohibited to use the Services, directly or through third parties, to:

• store, distribute or make accessible illegal content, including child sexual abuse material and content infringing intellectual property rights or personal data protection law;
• send unsolicited commercial communications or bulk mail without a legal basis, or operate open mail relays or open proxies;
• distribute or operate malware, ransomware, botnets, command-and-control systems or phishing pages;
• carry out scanning, intrusion testing, denial-of-service attacks or unauthorised access against third-party systems or against the DataMind infrastructure without the written authorisation of the system owner;
• carry out cryptomining activities, unless expressly provided for in the Offer;
• circumvent technical limits, security measures, consumption metering systems or access controls;
• use IP addresses not assigned to the Customer, or falsify the source addresses of traffic;
• carry out activities that compromise the stability, security or reputation of the IP addresses of the DataMind infrastructure, or the services of other customers.

The Customer may carry out security and load testing on its own resources, provided that such testing does not involve shared resources or the resources of other customers. Where such testing may generate anomalous traffic, the Customer notifies DataMind at least 3 working days in advance. Vulnerabilities in the DataMind infrastructure identified by the Customer are reported confidentially to security@datamindsrl.it and are not disclosed before they have been remedied.

Where DataMind detects or receives a notice concerning a possible breach, it assesses the circumstances of the case having regard, among other things, to the nature and gravity of the breach, the risks to the infrastructure and to third parties, and the information available.

Save in cases of urgency, DataMind invites the Customer to bring the breach to an end within a period commensurate with its gravity and in any event of no less than 48 hours.

Where the breach does not cease within the period set, or where immediate action is necessary to address a concrete and present risk to the DataMind infrastructure, other customers or third parties, or where the content is manifestly illegal, DataMind may adopt proportionate measures, such as disabling access to the affected resources or content alone or, in the cases provided for by the General Terms, suspending the Service.

Where technically and legally possible, DataMind gives preference to the least extensive measure capable of removing the breach or the risk.

Attack mitigation

Distinct from the measures described above are the mitigation measures provided for by art. 7.4 of the General Terms. In the event of attacks, including denial-of-service (DDoS) attacks, directed at a Customer's resources or originating from them, DataMind may adopt network measures such as traffic filtering, bandwidth limitation or null routing (blackholing) of traffic directed to an address, even where this entails the temporary unavailability of the resources concerned. These measures respond to traffic conditions and do not constitute an assessment of the content hosted; they are proportionate, maintained for as long as necessary and communicated to the Customer as soon as possible.

Any measures required by a competent authority and any further remedies provided for by law and by the Contract remain unaffected.

Notices are assessed in a timely, diligent, non-arbitrary and objective manner, on the basis of the information available and of the applicable law and contractual conditions.

As a rule DataMind forwards the notice to the Customer concerned with a request for a response within a reasonable period, where this is compatible with the nature of the notice, the protection of the notifying party, legal obligations and any orders of an authority, and unless reasons of urgency or security require immediate action.

Human decision-making and automated tools

Decisions on whether content or activity is illegal or incompatible with the General Terms, and the consequent decisions to remove, disable or suspend taken on those grounds, are subject to human assessment. DataMind does not use automated systems that determine on their own whether content is lawful or compliant with the General Terms.

Independently of that process, the infrastructure uses automated network security measures that may react to technical conditions or traffic anomalies, such as filtering, temporary traffic limitation and blackholing of the address under attack. Those measures are adopted to protect the infrastructure, other customers and third parties; they are proportionate to the technical risk identified, maintained for as long as necessary and communicated to the Customer as soon as possible, as provided by art. 7.4 of the General Terms.

Any natural or legal person may notify DataMind of the presence on the Services of specific information which that person considers to be illegal content, using the electronic form at the foot of this page or by writing to abuse@datamindsrl.it.

So that the assessment can be timely and correct, the notice must contain:

1. a sufficiently substantiated explanation of the reasons why the information in question is considered to be illegal content;
2. a clear indication of its exact electronic location, such as a URL, IP address, hostname, resource identifier or other technical information enabling DataMind to identify precisely the information concerned;
3. the name and email address of the notifying party, except in the cases where the law allows a notice to be submitted without those details;
4. a statement confirming the notifying party's bona fide belief that the information and allegations provided are accurate and complete.

For notices concerning information believed to relate to one of the offences referred to in arts. 3-7 of Directive 2011/93/EU, the name and email address of the notifying party are not required, in the cases provided for by art. 16(2)(c) of the DSA.

A generic notice, or one lacking sufficient detail to identify the information concerned, may make the assessment impossible or delay it.

Handling of the notifying party's identity

Where, under the General Terms, the notice is transmitted to the Customer concerned so that it may provide observations or clarifications, DataMind as a rule communicates the necessary content of the notice without transmitting the name, email address or other identifying data of the notifying party. Those data may be communicated where strictly necessary for the assessment or protection of a right, where the nature of the notice makes identification of the notifying party indispensable, or where disclosure is required by law or requested by a competent authority.

The processing of personal data contained in notices is described in the Privacy Policy.

Where the notifying party provides electronic contact details, DataMind sends that party a confirmation of receipt of the notice without undue delay.

DataMind examines notices and takes its decisions in a timely, diligent, non-arbitrary and objective manner.

Depending on the circumstances, DataMind may, among other things, conclude that there are insufficient grounds to take measures; request further information from the notifying party; request a response from the Customer concerned; disable access to the specific information concerned; or adopt the further measures provided for by the General Terms or by law.

Where the notifying party has provided electronic contact details, DataMind communicates without undue delay the decision taken in respect of the information notified, together with the information required by law regarding the possibilities of challenge or redress available.

Where DataMind imposes on a Customer a restriction on the ground that certain information is illegal or incompatible with the General Terms, it provides the Customer concerned, in the cases provided for by art. 17 of the DSA, with a clear and specific statement of reasons.

That communication states, to the extent applicable: the measure taken and its duration; the facts and circumstances on which the decision is based; whether the decision follows a notice or an own-initiative finding; any use of automated means in the decision-making process; the legal basis, where the decision concerns content considered illegal, or the provision of the General Terms considered to have been infringed; and the possibilities of challenge or redress available.

DataMind may omit or limit certain information only where this is provided for or permitted by applicable law, by an order of an authority, or where other conditions expressly provided for by law apply.

Where the notice concerns a situation that may involve a concrete and immediate danger to the life or safety of persons, the notifying party is invited to state its urgent character clearly.

This procedure does not replace the channels of the competent authorities or of the emergency services. In the event of an emergency or immediate danger, the competent authority must be contacted directly through its own institutional channels.

Under art. 12 of Regulation (EU) 2022/2065, the DataMind contact point for recipients of the Services is support@datamindsrl.it.

The contact point allows direct communication with DataMind by electronic means. Communications are handled with human involvement and not solely by automated means. The languages available are Italian and English.

Notices concerning specific allegedly illegal content or activity must instead be submitted using the mechanism described in the section “Notifying allegedly illegal content or activity”.

Under art. 11 of Regulation (EU) 2022/2065, the DataMind single point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services is the certified email address amministrazione@pec.datamindsrl.it, held by DataMind S.r.l., Via delle Mondariso, 3, 28100 Novara (NO), Italy.

The languages available are Italian and English.

This address is intended for the institutional communications provided for by the DSA and does not replace the channel for notices of content.

DataMind cooperates with the competent authorities in the cases and in the manner provided for by applicable law.

Any orders from authorities concerning illegal content, the provision of information or other measures are handled in accordance with applicable law and with their content.

Where the law so requires and the order in question does not provide otherwise, DataMind informs the Customer concerned of the measures taken and of any remedies available.

The complete contractual rules on the use of the Services and the restrictions applying to them are contained in the General Terms and Conditions of Supply of the DataMind Services, published at www.datamindsrl.it/condizioni-generali.pdf.

This page describes, in accessible form, the provisions on use restrictions and the procedures applicable under the Digital Services Act, and is kept up to date in the event of material changes.