I Contratti di Internet. Sottoscrizione, Nuovi Contratti, Tutela del Consumatore, Privacy e Mezzi di Pagamento
LISI A., I Contratti di Internet. Sottoscrizione, Nuovi Contratti, Tutela del Consumatore, Privacy e Mezzi di Pagamento, Turin, UTET GIURIDICA, 2006
Pp. 335-337. According to Italian law (Italian Civil Code, articles 1667 and 1570), the body of laws applicable to those contracts between a ISP and a customer for the supply of Internet access is formed by the provisions regarding the “contratto di somministrazione” (art. 1159) and the “contratto di appalto” (art. 1655), the latter applying only when compatible with the former, and anyway in a subordinate position.
Pp. 338-339. In contracts for the supply of Internet access, the bargaining is usually characterized by a lack of negotiation: the bargaining depends exclusively on the law of supply and demand, and relies on take-it-or-leave-it contracts. The customer is therefore almost defenseless against restrictive clauses imposed by the provider. Moreover, the provider often assigns to himself the right to suspend the supply of the service in case of mere fumus of the existence of presumed violations of the contractual clauses he has imposed (clauses that are often vague and ambiguous). Finally, the contract often states that the provider isn't able to guarantee an uninterrupted service, which is an unfair clause.
P. 238 ss. LISI deals with the e-Commerce Directive (2000/31/EC), particularly for what concerns the exemption of responsibility of ISP (definitions of mare conduit, caching and hosting are given).