Service Agreement

1. INTRODUCTION

In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and agents, including your administrative contact, and "we", "us" and "our" refer collectively to Tuonome.it srl – Via provinciale Lucchese 151- 51010 Uzzano (PT) Italy. This Agreement sets forth the terms and conditions of your use of the services offered by us and apply to any and all Tuonome.it’s services. By applying for a a Service through our online application process or otherwise, or by using the service(s) provided by Tuonome.it under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, documents incorporated by reference, the accompanying dispute policy, and any rules or policies that are or may be published by Tuonome.it. By completing the application process the customer confirms acceptance of the present general terms and conditions. Tuonome.it is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between Tuonome.it and ICANN ("ICANN Agreement"). Tuonome.it is an official CORE-member, ID 102.

2. TERMINOLOGY

2.1. "Domain Name System" ("DNS") means the Internet naming system as defined in RFC 1591;
2.2. "Top Level Domain" ("TLD") means the highest level of domain name hierarchy as defined in RFC 1591;
2.3. "Second Level Domain" ("SLD") means the level of domain names immediately below the TLDs;
2.4. "Generic Top Level Domains" ("gTLDs") means the TLDs ".com", ".org", ".net" and the so-called "new gTLDs" .INFO , .BIZ and .NAME;
2.5. "Country Code Top Level Domains" "ccTLDs") means the TLDs such as .IT .BE .FR .NL .ES;
2.5. "Registry" means those roles and activities involved in the administration of a TLD in the Domain Name System, and encompasses all of the services needed for assignment and maintenance of that TLD and its registrations;
2.6. "Registrar" means the entity which is authorised to enter and modify the Second Level Domain (SLD) data maintained by a Registry, in response to requests by entities seeking to be assigned a SLD; in other words, Tuonome.it;
2.7. "Council of Registrars" ("CORE") means the operational organization composed of authorized Registrars for managing allocations under gTLDs;

3. SERVICES

Services include, but shall not be limited to the registration of Internet domain names under various ccTLDs and gTLDs, the modification of associated data and the registration of keynames.

"Keynames.it", a Tuonome.it brand, shall include both Basic Keywords and Keywordplus. Please consult clause 19 of the present Agreement for the specific registry requirements.

Tuonome.it forwards the data provided by the customer to the Registry for the desired domain name and/or keynames.it to be registered in the customer’s name, subject to availability.

At the customer’s request Tuonome.it forwards requests for changes to the registration data to the competent Registries. Registrar transfers for domain names with a gTLD extension are excluded within the first 60 days after initial registration.

Registrant agrees that it can change its Registrar for an existing domain name only in accordance with registry administrator policy. Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure , or by any registry administrator procedure approved by ICANN policy. Registrant aknowledges that the Registry administrator or ICANN policy may provide that registration of certain domain names is prohibited.

Tuonome.it reserves the right to process only correctly completed applications which meet the requirements cited in the application process.

4. AGENTS AND LICENSES

The registrant remains the responsible contracting party under this Service Agreement, even if the Registrant licenses use of the domain name to a third party. Registrant agrees that if this Service Agreement is completed by an agent for the Registrant, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant dispute policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. In addition, you are responsible for any errors made by your agent.

5. ASSIGNMENT AND RESALE

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any Services without Tuonome.it’s prior express written consent.

6. MODIFICATIONS TO TUONOME.IT ‘S SERVICE AGREEMENT AND DISPUTE POLICY

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on Tuonome.it's web site, or on notification to you by e-mail or land mail. You agree to review Tuonome.it's web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail at policy@tuonome.it or land mail at the addresses listed on the cover page of this Agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Tuonome.it services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy. Tuonome.it provides its services exclusively on the basis of the present Service Agreement and any appendices. Any general terms and conditions of the customer are hereby rejected.

7. FEES

As consideration for the services you purchased, you agree to pay Tuonome.it the applicable service(s) fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from us. All registration fees are due immediately and are non-refundable, depending on the Registry’s operating rule, except as otherwise expressly noted. Unless otherwise specified herein, each Tuonome.it service is for a one-year initial term and renewable thereafter for successive one-year terms, as set forth during the renewal process. Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. You agree that if you paid by credit card for any services provided hereunder, Tuonome.it is authorised, but not obligated, to automatically charge your credit card. Registrant agrees that failure to pay any registration fee when due (as evidenced for example by, without limitation, Registrant's credit card company notifying Tuonome.it of Registrant disputing the payment of, or refusing to pay such Registration fee, or where the Registrant's credit card payment has been declined or reversed) will entitle Tuonome.it to cancel the provided service at its sole discretion.

8. PRIVACY POLICY: DISCLOSURE AND USE OF REGISTRATION INFORMATION

8.1. Registrant acknowledges Information obtained from Registrant will be
8.1.1. transmitted to the registry administrator for registry use
8.1.2. publicly available as required by ICANN. Aditionally, you aknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that we must make available to the public or to private entities
8.1.3. used by Tuonome.it for inclusion in registers and data bases produced by Tuonome.it or its licensees.
8.2. Registrant may access data provided and rectify any incorrect data relating to Registrant through a username and password combination to be provided by Tuonome.it. You agree that any person in the possession of your username and password-combination will have the ability and your authorization to modify your domain name registration information. In no event will we be liable for the unauthorised use or misuse of your login name or password or security authentication option.
8.3. Registrant consents to the use of the Information for the purposes set out in clauses 8.1.1. to 8.1.3.
8.4. Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Tuonome.it, the same information about use of those details as are set out in this clause 8, and that the third parties individually have consented to use of their personal data.
8.5. Tuonome.it will not process Information in a manner incompatible with the purposes and limitations set out in this clause 7.
8.6. Tuonome.it will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
8.7. You agree to: (1) provide certain true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modifiction procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. You aknowledge that willfully providing inacurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name.
8.8. Our Privacy Statement, incorporated herein by reference http://www.keynames.it/privacypolicy.htm, further sets forth your and our rights and responsibilities with regard to your personal information

9. NOTICES AND ANNOUNCEMENTS

We deserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

All notices must be sent either in writing (or by e-mail, but only to the extent expressly contained herein). All written notices to Tuonome.it shall be delivered to Tuonome.it, Via Provinciale Lucchese 151 – 51010 Uzzano (PT) – Italy. All notices to you shall be delivered to your mailing address or e-mail address provided in your domain name application or other service order (as updated by you pursuant to this Agreement). All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.

10. LIMITATION OF LIABILITY

To the extent permitted by law, the Registrant agrees that neither Tuonome.it nor the Registry administrator will be liable to you or any other person for any suspension or loss that may occur due to (a) any loss of registration of a domain name, (b) the use of your domain name, (c) access delays or access interruptions to our site or the web site(s) or services you access by the domain name registered in your name (d)data non-delivery, mis-delivery, corruption, destruction or other modification; (e) events beyond TUONOME.IT’s reasonable control; (f) the processing of this application; (g) loss or liability resulting from acts of God; (h) loss or liability resulting from the unauthorised useor misuse of your username or password; (i) the failure of you or your agent to pay any fees hereunder; (j) the processing of any modification to the record associated with your domain name or (i) application of the dispute policy. Tuonome.it will also not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Tuonome.it has been advised of the possibility of such damages. In no event shall Tuonome.it ‘s maximum aggregate liability exceed the total amount paid by you to Tuonome.it for registration of your domain name. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

11. INDEMNITY

You agree to release, indemnify, and hold all Registry Operators, Tuonome.it, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Tuonome.it services provided hereunder or your use of the Tuonome.it services, including without limitation infringement by you, or someone else using any Tuonome.it service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Tuonome.it operating rule or policy relating to the service(s) provided. When Tuonome.it is threatened with suit by a third party, Tuonome.it may seek written assurances from you concerning your promise to indemnify Tuonome.it; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

12. BREACH AND REVOCATION

Tuonome.it reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by Tuonome.it, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Tuonome.it) or registry administrator procedures approved by an ICANN-adopted policy, (1) to correct mistakes by Tuonome.it, another registrar or the registry administrator in administering the name or (2) for the resolution of disputes concerning the domain name.

You also agree that Tuonome.it shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Tuonome.it receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration or other Tuonome.it service.

13. WARRANTY

Registrant agrees that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the pre-registration, registration or use of the domain name. Registrant warrants that, to the best of Registrant's knowledge and belief, neither its registration of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach.

You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights

14. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Tuonome.it service(s) or to delete your domain name within thirty 30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Tuonome.it service(s), or we delete your domain name or other Tuonome.it service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Tuonome.it service(s)

15. DISPUTE POLICY

Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Tuonome.it, that on successful registration of any domain name under this Agreement the Registrant is bound by Tuonome.it's current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 15 is the Uniform Domain Name Dispute Resolution Policy (the "URDP Dispute Policy"). Registrant agrees that in respect of the pre-registration or registration of some Tuonome.it services, other dispute policies may apply as specified by the competent registry administrator from time to time, as described in more detail in chapter 19 of the present Service Agreement. Registrant agrees that Tuonome.it may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name (and which is not the subject of the Other Dispute Policies as evidenced in chapter 19 of the present Agreement) will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the UDRP Dispute Policy. The UDRP Dispute Policy can be viewed at http://www.icann.org/udrp/udrp-policy-24oct99.htm The UDRP Dispute Policy procedure can be viewed at http://www.icann.org/udrp/udrp-rules-24oct99.htm

16. GOVERNING LAW

Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of Italy. By submitting this Service Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of Pistoia and all courts hearing appeals from such Courts. Except as otherwise set forth in the Dispute Policies with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Tuonome.it site shall be brought exclusively in the Court of Pistoia, Italy.

17. INFANCY

You attest that you are of legal age to enter into this Agreement

18. TRADEMARKS

Tuonome.it TM and other names, logos and icons identifying Tuonome.it and its products and services referenced herein are trademarks or registered trademarks of Tuonome.it All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

19. ADDITIONAL REGISTRY REQUIREMENTS

19.1. .INFO

Should you seek to register a .INFO second level domain name you, the registrant, must agree to the following terms:

• Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
• Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
• Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.
• Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
• Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute.

Should you seek to register a .BIZ second level domain name you, the registrant, must agree to the following terms:

• BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: I. To exchange goods, services, or property of any kind; II. In the ordinary course of trade or business; or III. To facilitate: a) the exchange of goods, services, information, or property of any kind; or, b) the ordinary course of trade or business. Registering a domain name solely for the purposes of i. selling, trading or leasing the domain name for compensation, or ii. the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
• BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that: The registered domain name will be used primarily for bona fide business or commercial purposes and not i. exclusively for personal use; or ii. solely for the purposes of a. selling, trading or leasing the domain name for compensation, orb. the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html

1. The domain name registrant has the authority to enter into the registration agreement; and
2. the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

• PROVISION OF REGISTRATION DATA. a) Provision of Registration Data. As part of the registration process, you are required to Provide us with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorised person for contact purposes in the case of a registrant that is an organisation, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement. b) Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
• DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarise yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
3. (iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

• DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
• DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
• RESERVATION OF RIGHTS. Tuonome.it. and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Tuonome.it. and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Tuonome.it. and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

19.3. KEYWORDS

19.3.1 REALNAMES MINIMUM SERVICE AGREEMENT TERMS

Some Definitions.

In this Service Agreement, "Keyword" shall refer to all Keyword products, including Basic Keywords and Keywords Plus. The "Registrant" is the entity that is purchasing Keyword related services, such as Keyword registrations or Keyword Review Services. "Keyword Review Services" are the services provided to determine if a proposed Keyword is eligible to be registered as a Keyword Plus. "Country Code" is the country associated with the Keyword text, which together make up the Keyword.

Adherence to Policies.

Registrant acknowledges and agrees that RealNames, Registries, Registrars and Resellers may refuse to accept the proposed Keyword registration. In addition, Registrant acknowledges and agrees that RealNames, Registries, Registrars and Resellers cannot guarantee that Registrant will be able to register or renew a desired Keyword, even if an inquiry indicates that the Keyword is or may be available because of the possibility of simultaneous applicants or technical mishaps or other unforeseen events.

Registrant agrees to pay the fees posted by Tuonome.it for each Basic Keyword registered, each Keyword Plus registered, and any Keyword Review Services. In addition, Registrant agrees to pay any fees pursuant to the autorenewal of Registrant's Keywords as provided in this Service Agreement. All fees are non-refundable. In the event that Tuonome.it does not receive full payment of all fees owed by Registrant at the outset of a Registrant's Keyword registration, RealNames, or Tuonome.it may cancel Registrant's registration without prior notice. The term of registration is the term Registrant last selected when registering the Keyword.

In the event that Registrant has elected to purchase Keyword Review Services, Registrant understands and agrees that the Review Services Fee is solely for the service of reviewing the proposed Keyword's suitability as a Keyword and does not guarantee that such proposed Keyword will be approved as any type of Keyword. Registrant agrees that the party providing the Keyword Review Services may, in its sole discretion, approve or reject an application for Keyword Review. Registrant explicitly agrees to pay the applicable Review Services Fee whether or not the proposed Keyword is approved or declined as a Keyword and whether or not Registrant receives any suggested Keywords in response to its Keyword Review Services purchase.

Registrant's Keyword registration will automatically renew at the then-current price and under the then-current Service Agreement. Registrant will be notified of Registrant's Keyword registrations that are approaching autorenewal at least thirty (30) days prior to such autorenewal. If Registrant does not send a reply to the e-mail Tuonome.it has sent out with explicit instructions not to renew the keyword at least one day prior to the expiry date, the autorenewal will take place and Registrant will be billed. If attempts to bill Registrant fail (e.g., if the credit card on file for Registrant has expired), Registrant is not guaranteed renewal. It is Registrant's obligation to keep its billing information accurate to ensure renewal of Keyword registrations

Registrant may not modify the text of his/her Keyword or the associated Country Code once it has been registered. Registrant may update, and is required to update, its account information as it changes.

Registrant understands and agrees that the Keyword service is designed for the benefit of Internet users generally by providing them with a positive navigation experience. Accordingly, Registrant understands and agrees that RealNames performs editorial review of Keywords to assure that they benefit Internet users. Registrant understands and agrees that if a third party complains about Registrant's Keyword, Registrant is not guaranteed any opportunity to respond to such complaint before RealNames performs its editorial review and decides whether or not to modify or revoke the Keyword at issue.

Registrant is bound by the Keyword Dispute Resolution Policy. RealNames may modify this Policy during the term of Registrant's registration and Registrant will be bound to the version of the policy in place at the time of the dispute. Registrant agrees to provide Tuonome.it with updated contact information during the term of this Agreement for purposes of facilitating dispute resolution, and understands that failure to do so is a breach of the registration agreement. For purposes of resolving disputes brought by third parties concerning or arising from Registrant's use of a registered Keyword, Registrant agrees to submit to subject matter jurisdiction, personal jurisdiction, and venue of (a) the courts of Registrant's domicile, (b) the courts residing in the jurisdictions corresponding to the address(es) provided by Registrant during the registration process, and (c) the courts residing in the jurisdiction corresponding to the location of Tuonome.it 's headquarters, currently at Via Provinciale Lucchese 151 – 51010 Uzzano (PT) - Italy.

• The information provided and representations and covenants made by Registrant in this Service Agreement and the registration process are complete, true and accurate, and that any future changes to this information will be provided to Tuonome.it in a timely manner;
• To the best of Registrant's knowledge, the registration and/or use of the Keyword will not infringe upon or otherwise violate the rights of any third party or breach any agreement Registrant has with any third party;
• Registrant owns the website to which Registrant's Keyword will link to, or Registrant has express written permission from the website's owner to link Registrant's Keyword to the website; provided that "express written permission" does not include participation in affiliate or similar programs via online "click-through" agreements;
• Registrant has not and will not incorporate any technology that will impair or remove any frames or windows that would otherwise be served with the web page associated with the registered Keyword following a Keyword resolution;
• If the Keyword to be registered is an Adult Keyword, Registrant has notified Tuonome.it that the registered Keyword is an Adult Keyword;
• Registrant will not subject end users of the Keyword to unduly intrusive content or programs such as, but not limited to, spawning, recurring or persistent pop up windows/ads.
• Registrant is not registering and will not use the Keyword for an unlawful purpose or in violation of any applicable laws or government regulations;

• Registrant has all of the requisite power and authority to execute this Agreement and perform the obligations hereunder.
  

• Registrant's Keyword registration may be revoked at any time during Registrant's registration in the following circumstances:
• If Registrant breaches the Service Agreement, including any of the representations and warranties and policies that are incorporated by reference; or
• If Registrant provided materially misleading or false information during the registration process, or concealed material information during the registration process; or
• If Registrant, through Registrant's Keyword registration or use thereof, is in violation of any laws or regulations; or
• At the request of any governmental entity; or

• In accordance with the terms of the Keyword Dispute Resolution Policy; or
• If the Keyword links to a website with adult content and is not clear from the Keyword itself that it directs to such content (In this instance, the Keyword may be revoked, or may be prefixed by language indicating that it links to adult content (e.g., by adding "xxx" or "sex" to the Keyword); or
• If Registrant's Keyword registration associated with a particular country violates the applicable Country Keyword Selection Policy for such country; or

• If RealNames or Tuonome.it reasonably determines that the Keyword registration risks subjecting it or its affiliates, partners, subsidiaries, officers, directors or employees to civil or criminal liability, loss, damage, or other tangible harm; or
• If RealNames in its sole discretion determines that the Keyword does not benefit Internet users generally by providing them with a positive navigation experience; or
• To protect the integrity and stability of the overall Keyword Service; or
• If a RealNames' distribution partner (such as a search engine or browser) complains that Registrant's Keyword registration denigrates the editorial quality of its service; or

• If the Keyword registration violates the terms of any agreements between RealNames and its Keyword distribution partners (such as a search engine and browser).

In the event that Registrant's Keyword registration is revoked, Registrant will receive notice that is reasonable under the circumstances (including immediate notice when that is appropriate) to either the last physical address or the last email address furnished by Registrant. Registrant will not receive a refund of any fees that Registrant has paid nor a substitute Keyword registration if a Keyword registration is revoked.

No Additional Rights.

Tuonome.it , the applicable Keyword Registry and RealNames may use Registrant's applicable personal name, company, business, firm, trade, or brand names in connection with the provision of the RealNames Service and Registrant's registration of a Keyword. However, Registrant's registration of a Keyword and Registrant's use of the RealNames Service do not grant Tuonome.it , the Registry or RealNames any right, title or interest in Registrant's personal name, company, business, firm, trade, or brand names, and all goodwill arising from Tuonome.it , the Registry's or RealNames' use of those names will inure solely to Registrant's benefit. At the same time, Registrant agrees that all goodwill associated with any Keyword as an address in the RealNames Service, and any property rights in any Keyword as an address in the RealNames Service, belong to RealNames. Registrant's registration of a Keyword and Registrant's use of the RealNames Service confer upon Registrant no intellectual property, business or competition rights.

Keyword Assignability.

Registrant may not transfer or assign any rights in a Keyword registration to any third party except to the surviving entity in the case of a merger or consolidation, or to a person or entity acquiring all of substantially all of Registrant's assets.

Registrant Indemnification.

Registrant agrees to defend and indemnify and hold RealNames, the Registry, the Registrar, and any Reseller and their subsidiaries, affiliates, officers, employees, agents, representatives, co-branders or other partners ("Indemnified Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Registrant's registration to, use, reference to, or advertising of a Keyword, or Registrant's violation of any rights of another. Registrant agrees that Registrant's financial obligation to an Indemnified Party(ies) pursuant to this indemnity may be billed to Registrant at any time after it is apparent that the obligation has materialised.

Limitation of Liability.

Registrant agrees that RealNames, the Registry, the Registrar, and any Reseller and their subsidiaries, affiliates, officers, employees, agents, representatives, co-branders or other partners, shall have no liability to Registrant for any loss Registrant may incur in connection with Registrant's registration in the event that Registrant has failed to promptly pay applicable fees. Registrant agrees that in no event shall RealNames' or Registry's or the Registrar's or the Reseller's maximum liability, together with the maximum liability of our subsidiaries, affiliates, officers, employees, agents, resellers and reseller representatives, co-branders or other partners, under this Agreement for any matter exceed an aggregate of five hundred US Dollars ($500).

NO GUARANTEE OR WARRANTY. NEITHER REALNAMES NOR ANY REGISTRY, REGISTRAR, OR RESELLER WARRANTS THAT THE OPERATION OF THE REALNAMES SERVICE AND/OR ANY KEYWORD WILL BE WITHOUT INTERRUPTION OR ERROR FREE OR THAT ANY KEYWORD REGISTERED UNDER THIS AGREEMENT WILL BE ACCESSIBLE THROUGH ANY PARTICULAR BROWSER, SEARCH ENGINE, WIRELESS APPLICATION OR OTHER METHOD OF DISTRIBUTION. REALNAMES AND EACH REGISTRY, REGISTRAR AND RESELLER DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL REALNAMES OR ANY REGISTRY, REGISTRAR OR RESELLER BE LIABLE TO REGISTRANT OR ANY OTHER THIRD PARTY FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE REALNAMES SERVICE.

Non-Confidentiality.

The terms of this Service Agreement are not confidential.

Non-Waiver.

The failure of RealNames, the Registry, Registrar or any Reseller to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Registrant as Principal.

Registrant agrees that if an agent for Registrant, such as an Internet Service Provider or administrative contact or agent, completes this Agreement on Registrant's behalf, Registrant is nonetheless bound as a principal by all terms and conditions herein.

UNIFORM REGISTRANT DATA POLICY FOR REGISTRIES

For purposes of this Policy, "Registrant Data" or "Data" means Registrant's personally identifiable information, that is, information that could uniquely identify the Registrant, such as Registrant's name, email address, mailing address, and birth date. RealNames has the right to revise this definition, like other aspects of this Policy, as it deems appropriate and beneficial to the global Keyword system.

Each Registrar will post a policy pertaining to Registrant data (each a "Privacy Statement"). Privacy Statements must be posted in a way designed to give Registrants notice of their contents. Privacy Statements will give Registrants notice of:

1. what Data is collected;
2. how the Data is collected if not transparent to the Registrant (e.g., through cookies);
3. the purposes of which any Data collected from Registrants are intended;
4. the intended recipients of the Data (including all other entities other than the collecting entity);
5. which Data are obligatory and which Data are voluntary;
6. how the Registrant can access and update the Data.

1. The fact that Registrant Data (other than credit/debit card information) will be available to third parties for purposes of facilitating the resolution of disputes between Registrants and third parties involving Keywords, either (a) by direct disclosure from the Registry/Registrar/Reseller to the inquiring third party and/or (b) via a publicly-accessible query-based Global Keyword Registrant Database.
2. RealNames' right to collect and aggregate Registrant Data for statistical purposes and to share such data in aggregated form.
3. RealNames' right to use Registrant Data for purposes of providing the RealNames Service.
4. RealNames' right to use Registrant Data to contact Registrant in emergencies or in situations where such contact is permitted by the Registry Agreement.
5. In the event that Tuonome.it ceases to act as a Registrar of Keywords, Realname's right to transfer such Data to another entity for purposes of replacing Tuonome.it , provided that such replacement registrar agrees, for each Keyword registration, to honour the privacy statement in place at the time of the registration for the duration of the registration.
6. In the event that the Registry ceases to act as a Registry of Keywords, RealNames' right to transfer such Data to another entity for purposes of replacing Registry, provided that such replacement Registry agrees, for each Keyword registration, to honour the privacy statement in place at the time of the registration for the duration of the registration.

Each Registrar will take reasonable precautions to protect Registrant Data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.

Each Registrar will provide all Registrant Data information other than credit card information to the Registry and/or to RealNames and disclose such provision in its Privacy Statement.

Each Registrar will undertake efforts to ensure that it does not knowingly collect any Registrant Data from children under the age of 13.

Each Registrar will maintain copies of all versions of their Privacy Statements and their dates of applicability. Each Registrar will provide its initial Privacy Statement to RealNames, and any subsequent versions of the Privacy Statements to RealNames upon request.

19.3.2. MOREOVER:

• Tuonome.it offers keywordproducts to its customers under the brandname "keynames.it", through Verisign Inc.’s reseller channel that has partnered with RealNames (the "Registry").
• The keyword registrant should acknowledge that he has read and agrees to be bound by certain contract terms of the VeriSign GRS Keyword Affiliate Agreement, applicable to keyword registrations and renewals. The particular sections of the before mentioned contract terms have been copied underneath:

Section 2.12. PROHIBITED KEYWORD REGISTRATIONS; Keyword Affiliate agrees to comply with, and to cause any second-Tier Resellers to agree to comply with, any policies of RealNames that apply to all Keyword Affiliates and that prohibit the registration of certain keywords in the Keyword Registration Platform, which are not allowed to be registered.

Section 2.13. INDEMNIFICATION REQUIRED OF REGISTRANTS AND SECOND-TIER RESELLERS; Keyword Affiliate shall require each Registrant and Second-Tier Reseller to indemnify, defend and hold harmless VeriSign GRS and its respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registrant’s registration Basic Keywords, Keywords Plus, and Review Services. Keyword Affliate shall cause each Second-Tier Reseller to require each Registrant to provide such indemnification, defence and hold harmless obligations.

Section 2.15. VERISIGN-SPECIFIC POLICIES APPLICABLE TO REGISTRANTS; Keyword Affiliate, and any of its resellers, affiliates, partners or agents, shall require all Registrants to accepts VeriSign GRS’s policies applicable to Keyword Registrations and renewals. Keyword Affiliate and any of its resellers, affiliates, partners or agents shall make such policies available on its website for viewing and acceptance by all Registrants.

Section 2.16. REALNAMES UNIFORM POLICIES RELATING TO KEYWORD AFFILIATE ‘S REGISTRATION OF KEYWORDS; Keyword Affiliate, and any of its resellers, affiliates, partners or agents, accepts and agree to be bound by RealNames’s Uniform Policies applicable to Keyword Affiliates, incorporated herein by reference. Keyword Affiliate and any of its resellers, affiliates, partners or agents shall make such policies available on its website for viewing and acceptance by al Registrants. The current version of the Uniform Policies are or will be posted publicly at Keyword: Registrar Policies. RealNames may change the Uniform Policies from time to time in its sole discretion and promulgate additional Uniform Policies, each upon reasonable notice to Keyword Affiliate, which notice may be provided by posting such new Uniform Policies at Keyword: Registrar Policies. Keyword Affiliate’s continued use of the Keyword Registration Platform for purposes of processing Keyword registrations shall constitute Keyword Affiliate’s acceptance of such revised or additional Uniform Policies.

2.17. REALNAMES KEYWORDS DISPUTE POLICY; Keyword Affiliate accepts and agrees to abide by, and shall cause its Second-Tier Resellers to accept and agree to abide by, the RealNames Uniform Keyword Dispute Resolution Policy ("Dispute Policy"), as may be amended from time to time by RealNames. The Dispute Policy is incorporated by reference into this Agreement. The current version of the dispute policy is located at the following Keyword: Keyword Dispute Resolution Policy. Keyword Affiliate shall require all registrants to accept and agree to be bound by the Dispute Policy

2.17.1. REALNAMES KEYWORD DISPUTE POLICY MODIFICATION. Keyword Affiliate agrees that RealNames, in its sole discretion, may modify the Dispute Policy. RealNames will post any such revised policy at Keyword: Keyword Dispute Resolution Policy and such revised policy will become effective immediately upon posting. Keyword Affiliate agrees to require Registrants to accept any modifications to the dispute policy in order to maintain the Keyword.

Section 5.3. TERM OF KEYWORD REGISTRATIONS. Keyword Affiliate shall register Keywords to Registrants solely for one (1) year terms.

• Registrant agrees to submit to proceedings under the RealNames Keywords Dispute Resolution Policy (KDRP) and comply with the requirements set forth by RealNames for registered keywords. The KDRP is incorporated herein by reference:

http://www.RealNames.com/Virtual.asp?page=Eng_Policy_DisputeResolution

The KDRP FAQ can be found at http://www.keynames.it/kdrpfaq.htm

• You recognise that all of the Keyword Review Data (including the views and opinions expressed therein) are solely attributed to RealNames. RealNames is solely responsible for the contents of the Keyword Review Data. Realname’s affiliates, partners, resellers and distributors are not responsible for the content, publication or display of the Keyword Review Data.

• You, the keyword registrant should acknowledge that you have read and agree to be bound by all terms and conditions of the RealNames Uniform Policies, including the Uniform Adult Keyword Policy, incorporated herein by reference http://www.RealNames.com/virtual.asp?page=Eng_Policy_Uniform_Adult_KWPol

Tuonome.it will only process keyword registration requests belonging to the categories "general" or "children".

   19.4  .AERO

             Tuonome.it also offers registrations for the sTLD .aero.
             You acknowledge that you have read and agree to be bound by the Registry's (SITA) 
             Domain Management Policy and Minimum Terms and Conditions incorporated herein by reference.

Registrar Transfer
.COM .NET .ORG

Registrar Transfer
.INFO

Registrar Transfer
.BIZ

 Registrar Transfer
Domain Names .IT

Service Agreement  | Privacy Policy  |  Dispute Resolution