Service Order

Email addresses

This Service Order ("SO") is an integral and essential part of the General Conditions of Service ("GCS"). The GCS and this SO establish the terms and conditions for provision of the E-mail Service ("E-mail Service") by Nominalia to the Customer.

1 - Description of the E-mail Service
The E-mail Service consists of the supply by Nominalia to the Customer of the number of electronic mail boxes indicated hereunder that are resident on its own dedicated server. The E-mail Service includes the following:
- the number of POP 3 electronic mail boxes that are personalized according to the Customer's domain name as indicated in the offer, configurable as catch-all, forward, or mailbox POP3 with a maximum capacity as indicated in the offer published on Nominalia website
- the Web Mail Service on the site of Nominalia (the Customer takes note that the Web Mail Service can contain advertising banners of Nominalia or other advertisers). The Web Mail is a service that permits remote management via the Web of every single electronic mail box that is activated, permitting the transmission and reception of e-mail messages.

2 - Options and Conditions for Provision of the E-mail Service
The E-mail Service is provided to Nominalia only and exclusively upon satisfaction of all the following conditions:
- existence of the Customer's Domain Name maintained by Nominalia in its capacity as Maintainer, Registrar, or Reseller. The E-mail Service may be used exclusively as an add-on service to the Domain maintained by Nominalia ;
- for the entire duration of the E-mail Service, use of the Domain Name of the authoritative DNS of Nominalia . The Customer certifies that he/she is aware of the fact that use of authoritative DNS other than those of Nominalia will render it impossible to use the E-mail Service and that he/she will be able to use it again only upon reconfiguration of the authoritative DNS of Nominalia ;
- standard configuration of the record MX and POP 3 (or on the mail server of Nominalia ).
The Customer certifies that he/she is aware that failure to satisfy one or more of the aforesaid conditions will render it impossible to use the E-mail Service. Therefore, the Customer is informed that, if during the term of this agreement the Customer does not renew or transfers the relative Domain Name to another Maintainer or configures the relative Domain Name on authoritative DNS other than those of Nominalia or changes the configuration of the e-mail record, it will become technically impossible for Nominalia to provide the E-mail Service and, therefore, it will be immediately terminated, without prejudice to the right of Nominalia to payment of the entire consideration envisaged for the Service.
SIZE AND NUMBER OF E-MAIL BOXES: the number of electronic mail boxes that can be activated by the Customer and the capacity limit for each mail box is indicated in the offer published on Nominalia website and cannot be exceeded. Nominalia will anyhow be allowed to formulate promotional offers, that will be highlighted and advertised on the website, also during the duration of the agreement, in which case the terms and conditions set out here will have to be respected. The Customer will be able to purchase additional e-mail boxes according to the packages offered through his/her own Control Panel, at the cost applied by Nominalia at the time the additional package is acquired. The terms and conditions for use of the additional e-mail boxes shall be the same as those envisaged in this SO. The Customer shall have sole and exclusive responsibility for periodic deletion of the messages from the server, so that exhaustion of the available space does not block the e-mail box.
ADDITIONAL SERVICES: The Customer shall have the possibility of purchasing through his own Control Panel, at the cost applied by Nominalia at the time of the purchase of additional electronic mailboxes, according to the packages offered, additional space to be linked to the individual electronic mailbox. The terms and conditions for the use of the additional electronic mailboxes and of the additional space shall be the same as those applicable to this SO. Should the main agreement or the Email Service or the Domain Name to which the mailbox is linked be terminated for any reason, this shall automatically result in the termination of the effects of the purchased additional services, subject and without prejudice to Nominalia 's right to claim payment of the entire consideration provided for the additional services.
The additional space may be associated only to active and functioning mailboxes. Should the username be changed or the mailbox to which the space is associated be eliminated or deactivated for any reason, the Customer shall be responsible for continuing to use it assigning it to an active mailbox.
DATA: all the data and content sent and/or received by the Customer from or through the E-mail Service are and remain the exclusive property of the Customer. Consequently, the Customer assumes any and all liability for these data and their content.
USER RULES: The Customer undertakes not to use the Services for illegal purposes, to respect the rules for use of the individual Services indicated in the SO, and not to violate any applicable national and international norms or regulations in any way. The Customer also undertakes to comply with the rules of Netiquette available at the address http://www.nic.it/NA/netiquette.txt.
In particular, the Customer warrants that he/she will not directly or indirectly engage in spamming - i.e. the transmission via e-mail of unauthorized communications that are not requested and/or not solicited by the recipients. Nominalia reminds the Customer that this practice is prohibited not only by Netiquette rules but also by D.Lgs 196/03 in protection of privacy. Nominalia also emphasizes that it will consider the Customer liable even if the illegal spamming activity is carried out through e-mail addresses other than those acquired from Nominalia and also indirectly involves a Nominalia Service or directly involves the technical structure of Nominalia (e.g. unauthorized promotion of the Internet site hosted at Nominalia ).
Nominalia reserves the right to suspend the Service immediately if, in its final opinion or upon report by others, it believes that the Customer engages in activities in violation of the obligations envisaged in this article. In this case, the Customer, either upon being informed by Nominalia via e-mail or otherwise, must immediately eliminate the causes for complaint or furnish adequate documentation proving his/her full compliance with the applicable norms governing his/her activity. If it does not receive an immediate reply, Nominalia will have the right to cancel the agreement immediately, without prejudice to its right to full payment of the consideration and the right of Nominalia to take action for full indemnification of the damages that it might have incurred. It is tacitly understood that Nominalia will have the undisputable right to cancel the existing contract whenever the customer is found guilty of spam.
Nominalia will cancel all the mailboxes and the data contained in it of those domains whose DNS has been configured in such a way that the MX record has been directing for at least seven days to servers other than Nominalia 's, thus causing impossibility to receive mail onto Nominalia since at least five days.
EQUIPMENT: Nominalia does not provide the Customer with any equipment.

3 - Term
As decided by the Customer during the purchase procedure or afterwards, from his toolbar, this SO may expire a) with or b) without tacit renewal.
a) In the case of expiration with tacit renewal and credit card payment, the consideration set forth in the following article "Consideration and Payments" will be billed directly by Nominalia to the Customer's credit card, in accordance with the terms and conditions in effect at the time of renewal, as illustrated on the toolbar following notification via e-mail. If Nominalia cannot bill this charge, the agreement cannot be tacitly renewed and will be considered definitively expired at the envisaged expiration date. In this case, the Customer may renew the service by following the procedure described hereunder at . In the case of expiration with tacit renewal and payment with a system other than credit card, 20 days before the expiration date Nominalia will execute the renewal and send the invoice to the Customer. This invoice must be paid in accordance with the terms set forth therein. The invoice and payment instructions will be sent via surface mail to the address recorded in Nominalia files at the time of the order. If the Customer does not make payment by the envisaged deadline, Nominalia may interrupt the service at any time, except as envisaged in Article 6 of the General Conditions of Service.
b) In the event of expiration without tacit renewal, the Customer may request that Nominalia , through the online procedure provided by Nominalia , to renew the service with this SO for additional, subsequent periods by the deadlines appearing on the Customer's toolbar and at the technical and economic conditions in effect when the service is renewed, executing the renewal procedure. If it is not renewed in the forms and by the deadlines indicated above, when this SO expires, it will lawfully cease to have any effect, without it being necessary for Nominalia to send any further notices.

4 - Consideration and Payments
The Consideration for the E-mail Service is that indicated in the offer. Any Consideration is to be intended net of VAT, unless otherwise specified.
The payment of the consideration for the E-mail Service shall be made by credit card, filling in the payment form during the registration procedure.