MESSAGING AND TELECOMMUNICATION SERVICES

ART. 1 – OBJECT OF AGREEMENT

1.1 The object of the present agreement is the MESSAGENET s.r.l.supply of various messaging and telecommunication services, including sending and receving faxes through e-mail, sending and receiving SMS, ip phonics and voicemail and hybrid mail services. MESSAGENET s.r.l. has its registered office in Via Mario Pagano 47, Milan, Italy, company register 1605496, VAT no. 13004930155, and hereafter referred to as “MESSAGENET”.

1.2 Services offered by MESSAGENET are subscribable individually, unless stated otherwise. Services have basic technical access requirements that users must view through the web before subscribing to any of them.

1.3 Before using any MESSAGENET service, subscription to www.messagenet.it is required, together with personal data and other information required by MESSAGENET.

ART. 2 – DURATION OF AGREEMENT

2.1 The present agreement starts with activation of at least one service by MESSAGENET. 2.2 Free services do not expire and can be withdrawn both by the user and MESSAGENET at any time, and MESSAGENET will hold no responsibility towards the user. 2.3 Services with fixed fee run until expiration of the fee and are renewable. 2.4 Recharge services with payment expire a year after their last recharge.

2.5 The present agreement ceases when none of the client’s services are active,upon client request of cancellation through the web or a registered letter with return receipt to MESSAGENET. In case of unsubscription from any service that includes fee division into installments, to proceed with the cancellation MESSAGENET will require that the client pay all fees not paid until the expiration of any subscribed service. 2.6 At its discretion, MESSAGE can cease the agreement and/or use of all services in advance, at any time, returning any prepaid fee related to an periods of time that have not yet passed and any unused credit to the client. MESSAGENET will then hold no responsibility towards the client. As a non exhaustive instance, this procedure is followed by MESSAGENET if traffic is deemed abnormal or too high by MESSAGENET or in the presence of suspected fraud.

ART. 3 – ACCESS REQUIREMENTS

3.1 Except for internet connectivity, the client must have access to the internet in order to use all MESSAGENET services. connectivity services are regulated by a different agreement.

3.2 In order to use the services for information delivery to mailboxes (i.e. fax receiving, voicemail), the client must have at least one e-mail address; 3.3 In order to use the services that allow sending any kind of message with the name or the address of the sender, or to use ip phonics, the client will have to follow the procedures suggested on the web by MESSAGENET srl. these are validation procedures to better establish if the client is in fact entitled to use a number or address as the sender of the message; 3.4 In order to use the services based on “pay as you use”, these must be prepaid by the client; 3.5 MESSAGENET does not distribute software for the display of tiff images, software for wav or mp3 file reproduction or client sip software, and does not offer assistance on any software used by the client.

ART. 4 – ACCESS KEY

4.1 MESSAGENET will send an identification code (user id) and a personal access key (password) to the e-mail address given by the client. These are necessary to access MESSAGENET services and to keep personal information up to date. 4.2 The client is required to keep the access key secret and safe and is responsible for any damage to MESSAGENET or others caused by improper use of the password by the client or others. 4.3 The client must immediately inform MESSAGENET in case of password loss or theft, through a registered letter with return receipt, and complaint by the competent authority attached. The client must also give any useful information in advance, through fax or e-mail.

ART. 5 – PERSONAL TELEPHONE NUMBERS (FAX AND VOICEMAIL)

5.1 MESSAGENET gives each client a personal telephone number for voicemail services and fax receiving. The number will comprise up to 11 digits (first 0 and code included), and 10 digits or less where possible, and belonging to the Italian landline network or to intelligent network numbering (i.e. toll free numbers, single numbers, personal numbers). 5.2 Numbers assigned for different types of service are different.

5.3 Where possible and for the whole duration of the agreement, MESSAGENET will keep the same personal telephone number given to the client, except in cases of

• technical or regulatory incompatibilities with the numbering, or • non-payment before expiration date suggested by MESSAGENET of the annual fee related to the service for which the number was acquired (art. 2.3).

5.4 Should a telephone number cease to belong to a client, for any reason including cease of the agreement by MESSAGENET or the client, the same number could be re-assigned to another client. Should that occur, MESSAGENET will not be held responsible of any calls or messages to the previous client(s) that should damage the new one. In this sense, clients will not hold MESSAGENET responsible.

ART. 6 – REGULATION OF DISTANCE SALES

6.1 The client has the right to withdraw distance sales (legislative decree 185/99) within 10 days of subscribing the agreement and if only services were acquired. Withdrawal is to be done through registered letter with return receipt to: MESSAGENET srl, Via Giacomo Leopardi 9, 20123 Milan (MI), Italy. If goods were acquired, withdrawal is possible within 10 days of delivery, by returning the good to MESSAGENET with the request of withdrawal, through registered letter with return receipt to the address mentioned above. The client is required to include telephone and bank or postal account numbers, on which MESSAGENET will return the sum payed. ART. 7 – AMOUNTS AND MeTHODS OF PAYMENT

7.1 Prices of goods and services sold by MESSAGENET are in the “prices” section on www.messagenet.it . . 7.2 Unless stated otherwise on the web, MESSAGENET services can all be acquired separately. 7.3 For services that hold activation costs and a prepaid annual fee, activation occurs after payment to MESSAGENET has been done. For services that hold a fee payed in installments, activation occurs after payment to MESSAGENET of the first part of the fee and of the activation cost. 7.4 Services with prepaid metered fees have a one-year validity starting from the date of the last pre-payment. Should there be any credit left at expiration date, MESSAGENET will take possession of it and it will no longer be usable or refundable. 7.5 MESSAGENET services are easy to use and do not require assistance, which is therefore not included in any of the services. However, for any questions it is possible to mail [email protected] . MESSAGENET does not guarantee success in solving any problem that should occur, but will try its best. 7.6 Services with a fixed fee can be renewed for the following year starting six months before expiration of the service. 7.7 Free services are also offered by MESSAGENET, with the purpose of sending advertisements to users of those services. The client, thus, accepts to give accurate information asked during subscription or during the period of use and to keep accurate and up to date information. The client also accepts that if MESSAGENET doubts accuracy and truth of the information, MESSAGENET can cease the service and exclude the user from future usage of the same or other services. 7.8 The user is aware that adhesion to MESSAGENET’s free services makes subscription to FREEFAX CLUB automatic. FREEFAX CLUB aims at giving benefits to its members for acquiring the club’s products and services, through e-mail, fax or other means of communication. 7.9 FREEF@X allows to receive 3 faxes per month. should the number of faxes be higher than 3, the service would still allow them to be received. The first day of every month, consumption of the previous month is calculated. Should consumption be higher than that allowed, the user would be informed with an e-mail inviting them to subscribe to F@X IN. The user has then 15 days to subscribe to F@X IN, and can keep their personal number. In those 15 days, the user can receive an unlimited number of faxes. If subscription is not carried out within 15 days, the service is automatically deactivated.

7.10 Voicemail with the FREENUMBER service is an occasional free promotional offer until march 31, 2007. After this date, the user can choose whether to pay the service or to have it for limited use, in accordance with the terms that will be published on www.messagenet.it . ART. 8 – LIMITATION OF RESPONSIBILITY

8.1 Except for cases of fraud or serious wrong, MESSAGENET is not responsible for any damage caused by inefficiency, lack in transmitting or receiving messages, malfunctions, bad quality, or the blockage of phonic services, delays or errors in transmitting or receiving messages. 8.2 Because of lack of control over the equipment used, MESSAGENET is never and by no means responsible for switching errors over the public telephone network that deliver calls to MESSAGENET with an incorrect destination number. 8.3 MESSAGENET is never and by no means responsible for any damage caused to the client or others by loss of or delays in delivering e-mails within one of MESSAGENET services regulated by the present agreement, and after their transmission to an SMTP server pertaining to the client’s domain. This restraint also applies when MESSAGENET itself offers e-mail service. 8.4 MESSAGENET is never and by no means responsible for any damage caused to the client or others by loss of or delays in delivering e-mails within one of MESSAGENET services regulated by the present agreement, should it be impossible, for any reason, to reach at least one SMTP server of the client’s domain through the public network.

8.5 MESSAGENET is never and by no means responsible for VoIP malfunctions caused by incorrect/inappropriate/incompatible configuration of the client sip or of the network, not under MESSAGENET control, between the client’s location and MESSAGENET. 8.6 The sender of the messages is responsible for message content, as the caller is responsible for the calls. MESSAGENET is by no means responsible for the content of messages sent, transmitted or received through MESSAGENET services or for the calls made by its clients. The clients will not hold MESSAGENET responsible for any damage claim by others regarding content of their messages or telephone calls. 8.7 The client cannot by any means use the services for illegal purposes. Should that occur, MESSAGENET is entitled, at its discretion, to immediately cease services. MESSAGENET will then owe nothing to the client. MESSAGENET can act by legal means for compensation of any damage suffered. 8.8 Clients cannot use MESSAGENET services, including phonics, to call emergency numbers. MESSAGENET thus advises clients to hold a traditional telephone line for emergency calls. 8.9 MESSAGENET is never and by no means responsible for any damage caused by the impossibility to reach emergency services. ART. 9 – CONFIDENTUALITY OF TRANSMITTED MESSAGES AND PERSONAL INFORMATION OF THE CLIENT

9.1 MESSAGENET is committed to not reading and/or monitoring the content of messages and/or phonics passing through its systems, to not communicating it to others, except when technical intervention to repair damages or improve services is required, unless stated otherwise by the law, and if the Judicial Authority, the State Police, the Revenue Guard Corps, the Service, the National Forest Police, or any other body of the Italian Republic for public safety require it. 9.2 Article 9.1 also applies to all data related to traffic of every kind of service, including phonics, faxes, SMS, e-mail (i.e. calling number, number called, date and length of call) or other services offered by MESSAGENET.

ART.10 – CHANGES AND EARLY CANCELLATION OF THE AGREEMENT

10.1 MESSAGENET can change the terms of the present agreement at any time, informing the client via the web. From then on, the user has 30 days to contact MESSAGENET and cease the agreement, and will be refunded any unused credit or portions of the annual fee related to periods in which the service were not used. If after 30 days the user fails to contact MESSAGENET, any changes made will be considered accepted. The user is responsible for keeping themselves up to date regarding possible changes.

ART. 11 – TELEPHONE LINES ASSOCIATED TO FAX AND VOICEMAIL NUMBERS

11.1 Numbers assigned by MESSAGENET for fax and voicemail numbers can receive and make up to a single concurrent call in one of the two directions. Should there be another call, users will be given an engaged line signal and it will no longer be possible to make calls. It is forbidden to use more than one concrrent line in case of adhesion to all-in offers.

11.2 In case of congsetion or malfunctions of networks or telephone lines connected to MESSAGENET systems, callers could receive an engaged line signal, even if MESSAGENET does its best to prevent this from happening. 11.3 For receiving a great amount of faxes or calls, it is possible to have another agreement to decide a different limit over which the engaged line signal goes off. ART. 12 – PLACE OF JURISDICTION

12.1 Should any controversy occur on the interpretation, validity or the performance of the present agreement, it will be resolved by one arbitrator, appointed by the parts upon agreement. Should agreement fail to be reached, the Milan Referee’s Committee will appoint an arbitrator. The arbitrator will follow the customary rules and act by law, in accordance with the national regulations of the Milan Chamber of Commerce.