Registration Contract for free-of-charge Advertisement Service

By this private deed having legal value, the under mentioned parties agree and stipulate the following:

• Efuture S.r.l., head office in Vedano al Lambro (Milan), Via Tagliamento,7, VAT Number 04408660969, hereafter called "Supplier"
• The individual person who uses this service, hereafter called "User"

whereas

• the Supplier operates in the data processing sector and supplies telecommunication and computer services;
• the Supplier provides a place (hereafter called "Advertisement Bulletin Board") on his web-site www.tao01.com, placing it at the disposal of users, who can put in the web-site their advertisements of offer, purchase and/or sale of their goods and/or services;
• the User has an interest in using this Advertisement Bulletin Board System for the offer and sale/purchase advertisements of their goods and/or services;

 

1. Recitals

1.1. Recitals are to be considered as integral and substantial part of this contract.

 

2. Subject – Concession of free-of-charge use licence

2.1 The subject matter of this contract is the following: the Supplier provides spaces on his web-site www.tao01.com, placing them at the disposal of the User, who can advertise the sale/purchase of goods/services free of charge;

2.2 The User shall make use of the above mentioned services and declares himself ready to accept that the Supplier collects and manage the surfing data for commercial and marketing purposes, in conformity with the Privacy Regulation;

2.3 This agreement includes the obligation of the User to register into the Supplier’s Advertisement Bulletin Board to the purpose of being clearly identified.

2.4 Within 24 hours from the end of his registration, the User shall receive from the Supplier an e-mail confirmation with the instructions for the account starting-up.

2.5 The User shall accede to the service that is the subject matter of this agreement by identifying himself through the access data selected at the time of his registration: from that moment, the User shall be the only person responsible in the case of loss, theft and non-authorized use.

2.6 The trademarks and works of "tao01.com", owned by Efuture S.r.l., shall not be used by third parties, nor comprehended in the clauses hereafter mentioned. The User takes note that all rights of intellectual and/or industrial property due to the Supplier shall not be altered, modified or assigned following up this contract. The works necessary to make the subject of this contract executable and being a property of the Supplier are temporarily assigned to the User by means of a free-of-charge use licence, in order for him to use them only in connection with the fruition of the spaces put at his disposal on the Supplier’s web-site. This licence is revocable at any time.

 

3 Obligations, Rights and Responsibilities of the Supplier

3.1 In consideration of the fact that the spaces are occupied by the User free of charge, the Supplier reserves the following rights:

• to interrupt the service at any time, without being obliged to give reasons to the User for his action;
• to black out the web-site for maintenance purposes without the User being entitled to any claim;
• to modify, interrupt or deactivate the service if the User has violated even one only of the prohibitions indicated in this contract and accepted by the User at the registration time;
• to modify the service for improvement purposes, without being obliged to inform the User.

3.2 The Supplier shall not be responsible for direct or indirect damages to the User due to the web-site being off-line if this occurs under Force Majeure circumstances or is ascribable to third parties (as an example, but not being limited to this: connectivity suppliers).

3.3 The Supplier shall not be responsible for the contents of the published advertisement. The User is the only person responsible for the published advertisement and therefore releases the Supplier since now from any responsibility whatsoever that can originate, either directly or indirectly, from the published advertisement contents.

3.4 If the Supplier receives a communication of any law transgression caused by the publication of advertisements, he shall be entitled to cancel those advertisements with his final decision, provided he gives a contemporary or later communication to the competent Judicial Authority.

3.5 In the case of direct knowledge, the Supplier reserves the right to refuse or however to cancel the publication of advertisements containing the following material:

• a) pornographic with an erotic background, except for the sections specially reserved to this;
• b) obscene or with a paedophilia-pornography background;
• c) insulting or opposing to good morals;
• d) opposed to public order;
• e) detrimental to the respect and dignity of third parties;
• f) containing computer viruses;
• g) damaging the services given by the Supplier or damaging the advertisements of other Users. The Supplier shall not be considered responsible for possible damages to the User’s computer/computers or for the loss of data suffered by the User himself during the fruition of the supplied services.

3.6 The user releases since now the Supplier from any responsibility that may arise from a non authorized or unlawful use of the published advertisements by third parties.

3.7 The Supplier does not carry out any brokerage activity within possible commercial negotiations between the User and other users present on the Web-site.

3.8 The Supplier is not obliged to control and guarantee the truthfulness of the data relative to the others users of the Advertisement Bulletin Board and the contents of the advertisements published by them: it shall thus be the exclusive task of the User to control the validity of the advertisements.

 

4 Obligations and Responsibilities of the User

4.1 The User is the only person responsible for the secrecy and discretion of the identification code (user Id) and key-word (password) assigned by the Supplier to enter the service; the User releases therefore the Supplier since now from any direct or indirect damages that may affect the Supplier and/or third parties, due to the non-observance of the aforementioned obligations of discretion, or due to an access of non-authorized subjects into the service.

4.2 In the case of modification, theft, loss, or embezzlement of the user Id and password for any reason by third parties, the User commits himself to inform the Supplier immediately and however by e-mail: the Supplier shall assign the User a new password as quickly as possible and deactivate the violated one.

4.3 The User guarantees he will not use the service subject of this agreement for the following purposes:

• for spamming purposes, i.e. sending non requested and non desired messages, even by means of mail grabbing, in violation with the present regulations;
• for sending messages that are contrary to public morals and order and/or to the purpose of disturbing the private or public peace, giving offence, direct or indirect damage to third parties;
• for unlawfully monitoring, stopping, interrupting information communications and/or revealing their contents;
• for violating, stealing or suppressing the information correspondence between third parties;
• for loading, spreading or transmitting material containing virus;
• for spreading advertisement against payment, ordered by third parties;
• for collecting the personal data of other users without their unequivocal consent.

4.4 The User guarantees that all information and material introduced in the Web-site are original and however do not violate the copyrights and the rights of intellectual and industrial property of third parties.

4.5 The User guarantees, by releasing the Supplier from any responsibility whatsoever, that the information contained in the advertisements visible to the other users by means of the web-site should not be false, incorrect, misleading or obscene, should not contain pornographic material and/or paedophilia-pornography background, be offensive, calumnious, defamatory or detrimental of other people’s dignity, should not violate any peremptory, legal or prescribed regulation.

4.6 The User releases the Supplier since now from any responsibility deriving from the publication of advertisements opposite to any lawful regulation.

4.7 The User commits himself to make copies of the contents, data or any other information allocated or collected in the web-site and releases the Supplier since now from any responsibility deriving from the loss or damage of contents, data or any other information.

 

5. Duration

5.1. The effects of this contract become effective from the date of stipulation by clicking the "ACCEPTANCE" flag.

5.2. The duration of this contract shall be valid for a maximum of 10 advertisements.

 

6. Withdrawal

6.1. The User can withdraw at any time from this contract without being obliged to give any reason.

6.2. The withdrawal right can be exercised by sending an e-mail to the Supplier’s e-mail address as indicated in this contract.

6.3. The Supplier shall cancel the contents published and the User’s profile within 72 hours from the receipt of the above mentioned message.

 

7. Resolutory Clause

7.1. The Supplier can withdraw from this contract if the User violates one of his obligations as provided for by the contract.

7.2. The User can withdraw from this contract if his advertisements are not published for more than 4 working days in a row, except if this occurs under force majeure circumstances or is ascribable to third parties.

7.3. The party that intends to withdraw, is obliged to give formal communication of it by means of an e-mail message sent to the e-mail address of the counterpart.

 

8. Modifications of the Contract

8.1 The Supplier is entitled to modify this contract unilaterally, provided he gives communication of it to the User within the 10 days prior to the starting date of the applied modifications.

8.2 The User has the right to cancel the contract within the above mentioned 10 days, in conformity with the provisions set forth in the contract.

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9. Communications

9.1Any communication sent from one party to the other and relative to this contract shall be sent by e-mail, except for what has been differently specified in this contract.

 

10. Transferability of the Contract

10.1 The User declares he is aware that it is prohibited to transfer the service subject matter of this contract to third parties, under no circumstances.

 

11. Secrecy Obligation

11.1 The parties are obliged to handle with secrecy all data and information that have been sent (if not expressly intended for publication in conformity with this contract), not to divulgate them to non authorized persons, not to use them for purposes different from the agreed ones.

11.2The Supplier has however the right to transmit such data or information to subjects appointed by the Users to carry out the services connected with the contract stipulated between the parties, and divulgated only within the purposes of the rendered service, after that these subjects have signed the secrecy obligation for those data.

11.3 The following information are not included in the obligations of this article if one of the parties can demonstrate that:

• the party was aware of the information before getting to know them by means of the stipulated contract;
• the information was already of common knowledge at the time of the contract stipulation.

 

12. Privacy Protection Regulation

12.1 The Supplier commits himself to handle the User’s data with a complete respect of the principles and regulations of the Legislative Decree Nr. 196 of June 30, 2003 (Code regarding the protection of personal data) and to adopt all possible minimum safety measures as provided for in Enclosure B of the aforementioned Legislative Decree.

12.2 The User expressly declares that he has received the background information as provided for by Art. 13 of the LD Nr. 196 of 2003 (Code regarding the protection of personal data) and that he has got to know the methods and purposes of the data treatment communicated to the Supplier.

 

13 Settlement of Disputes

13.1Any dispute arising between the parties and relative to the construction and/or execution of this contract shall be remitted to a board of three arbitrators of Italian nationality: each one of the first two of them shall be appointed by the parties, one each, and the third one shall be appointed jointly by the two appointed arbitrators.

13.2 The arbitrators shall decide about the dispute in conformity with the Italian law and the rules of procedure as per Art. 806 and following of the Italian Civil Code.

 

14 Final Clauses

14.1 The invalidity of one article or part of this contract does not necessarily determine the invalidity of the remaining parts.

14.2 This contract annuls and replaces any agreement, understanding, negotiation, both written and verbal, previously stipulated between the parties and concerning the subject matter of this contract.

 

15 Enforceable Law

15.1 This contract is regulated by the Italian law.

15.2 For all that not expressly provided for in this contract, reference is made to the lawful regulations enforceable to the relationships and the matters provided for in this contract.

 

16. Violation

16.1 In the case the User thinks there is a violation within the portal, he shall immediately send a communication to the address abuse@tao01.com or write to Efuture S.r.l., Via Tagliamento, 7 – 20057 Vadano al Lambro (Milan) – Italy.