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Terms and conditions

Service Agreement

This is Tuonome.it Service Agreement Version Number 1.2

  1. INTRODUCTION
  2. 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.

  3. TERMINOLOGY
  4. 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;

  5. SERVICES
  6. 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.

  7. AGENTS AND LICENSES
  8. 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.

  9. ASSIGNMENT AND RESALE
  10. 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.

  11. MODIFICATIONS TO TUONOME.IT ‘S SERVICE AGREEMENT AND DISPUTE POLICY
  12. 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.

  13. FEES
  14. 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.

  15. PRIVACY POLICY: DISCLOSURE AND USE OF REGISTRATION INFORMATION
  16. 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

  17. NOTICES AND ANNOUNCEMENTS
  18. 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.

  19. LIMITATION OF LIABILITY
  20. 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.

  21. INDEMNITY
  22. 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.

  23. BREACH AND REVOCATION
  24. 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.

  25. WARRANTY
  26. 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

  27. RIGHT OF REFUSAL
  28. 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)

  29. DISPUTE POLICY
  30. 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

  31. GOVERNING LAW
  32. 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.

  33. INFANCY
  34. You attest that you are of legal age to enter into this Agreement

  35. TRADEMARKS
  36. 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.

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