. The above operation will allow servers in the operative location of Shiny, to determine quantitatively the number of "page views" by visitors that have accessed them in a way that can be counted by the said HTML code (for a more detailed description of the features offered by the ShinyStat PRO service please consult the following URL: http://www.shinystat.com. Activation of service is confirmed by an email sent to the email address indicated by the company on the form filled in at registration time. Term The present contract will be in force for one year starting from the date of activation of service confirmed by email. Costs The annual amounts owed according to the different price/views range corresponding to the maximum number of viewed pages per month are as follows: Maximum number of Annual cost of page views per month the subscription 25.000 88,00 Euro 50.000 155,00 Euro 100.000 250,00 Euro 200.000 350,00 Euro 500.000 490,00 Euro 1.000.000 680,00 Euro 2.500.000 1050,00 Euro 5.000.000 1800,00 Euro * We will be offering a special offer for more than 5,000,000 page views per month. Invoicing will be in accordance with the law and to corresponding payment or verification of same. Payment for annual subscription must be made in one single payment and in one of the following ways: - credit card payment (immediate card activation , except for technical data transmission malfunctioning not due to Shiny). - payment by bank transfer with c/c number 000003291649 made out to Shiny srl at Banca UNICREDIT, Agenzia di Savona ABI 02008 CAB 10601 IBAN IT72Z0200810601000003291649 BIC SWIFT UNCRIT2BEB3 (activation upon verification of payment) Service upgrade At any particular moment the company may subscribe to a higher volume service with a maximum number of "page views", by paying the difference of the annual costs for the reference version and the amount owed for the higher volume, and the amount for the service that was already received according to this formula: Cost For Higher-Volume Version - [ Cost of Purchased Version - (Cost of Purchased Version / 365 X Number of days of Previous activation)]. We recommend you request the upgrade with enough notification time since, as previously described, when the maximum number of viewed pages is reached and up to the time of activation of the upgrade, the data will be lost forever. Use of remote communication techniques The Company expressly authorizes Shiny to send to its email address any information regarding the execution of the present contract, even by means of email and also containing the URL address and hypertext link to the page of the www.shinystat.com site regarding the information. Limitations of responsibility The parties expressly agree that Shiny will not be held responsible to the company for contractual responsibility or for illegal action (as a result of misconduct, excluding fraud and serious fault) or for other claims for direct or indirect loss of profits and business, or for any damage, or direct or consequential loss, or for any destruction of data. Except for the provision above, Shiny shall be deemed liable to the company for the contract, for illegal actions or for any other grounds regarding this contract for the limited amount of Euro 1,000.00, except in the cases where Shiny has acted in a fraudulent manner or as a result of serious misconduct. Limitations on service use The company promises not to change the counter's HTML code and not to assign the service to third parties either for a fee or for free. Shiny holds all the rights on the counter and on the related trade marks, programmes and software. The following types of sites are not admitted for the use of the counter: Sites encouraging illegal activity or racism; illegal sites or sites advertising illegal activities or the use of illegal software, or sites sending unsolicited email. It should be noted that Shiny cannot exercise any control over the contents of the page or website on which the company inserts the HTML code of the ShinyStat PRO counter and therefore reserves the option of terminating this contract by immediate cancellation of the account. Especially in the case of a mistaken insertion onto an adult- only site and in a category other than the one that was intended. Shiny reserves the right to cancel the account whenever it deems that the contents of the page or website on which it has inserted a counter violates the present article or ruling normative, and will arrange to refund the amount paid by the company for the service after having deducted the amount that corresponds to the actual service delivered, subject to the right for compensation by Shiny for any damages that it may have suffered. Force majeure Neither the company nor Shiny may be considered liable to each other whenever non compliance results from facts beyond their control or not attributable to them such as may be the case of lightning, flooding, exceptional atmospheric phenomena, fires, explosions, wars, civil unrest, strikes (even those that do not involve their own employees) or actions by the local or central government or any other competent authority, or events that go beyond the control of their own suppliers. Final clauses The present contract substitutes any previous agreement, even verbal, between the Parties and constitutes the sole contract among the Parties as far as the matter that is detailed in it. The eventual invalidity, voidability or ineffectiveness of one or more clauses of the contract, will not be extended to the other clauses of the contract. Tolerance by Shiny of any breach by the company of one or more clauses should not be considered as a waiver of the rights that are recognized to it by the contract and/or by law. Communications All communications that are sent to Shiny pursuant to the present contract will be valid if in written form and sent to: Shiny Srl Via Magliotto 2 - Palazzina Branca Campus Universitario - 17100 Savona Fax no. +39 019-2302173 Unless otherwise specified, communications sent to Shiny will be considered effective on the day of receipt, if sent by mail by means of registered recorded delivery mail. The communication may also be sent by telegram, telex or fax, on condition that it is confirmed by registered recorded delivery letter within the next 48 hours. All communications to be sent to the company, for the present contract, will be considered valid even when sent by email to the address specified by the company during the registration process. [_] I accept As per statement pursuant to article 13 of Legislative Decree of 30 June 2003 no. 196 (please read the statement on privacy before continuing with registration for the Shinystat Pro service) I consent to the use of my electronic mail address for the purposes of receiving communications related to the Shinystat service. [_] I consent Statement pursuant to article 13 of Legislative Decree of 30 June 2003 no. 196 With the entry into force of Legislative Decree 30 June 2003 no. 196, containing provisions for the protection of persons and other persons with regards to the processing of personal data, Shiny srl, with headquarters in Milano, Piazza Grandi 19/9, 20129 (MI) ITALY, in its capacity as "owner" of the processing is obliged to supply some information regarding the use of personal data. This Decree governs the processing of personal data, that is, any operation or set of operations, carried out with or without the assistance of electronic means, regarding the collection, registration, organization, preservation, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, circulation, cancellation, and destruction of data, even if not registered in a data bank. The Legislative Decree of 30 June 2003 no. 196 stipulates that "the person concerned" or "the person from whom the personal data is collected" must be given prior oral or written notification of the following. Source of personal data The personal data in the possession of Shiny srl are collected directly from the person concerned. All the data collected will obviously be processed confidentially and in compliance of the ruling normative. Shiny srl undertakes to process the personal data legally and correctly; to collect and register them for specific, explicit and legitimate purposes and to use them in other processing operations on terms which are compatible with such purposes. Moreover, it undertakes to check that they are accurate, up-to-date, pertinent, complete and not beyond the purposes for which they are collected and then processed, and to keep them in a way allowing for the identification of the person concerned for a period of time no greater than necessary for the purposes for which they were collected and then processed. We would like to inform you that Shiny srl does not require the indication of data that the Legislative Decree of 30 June 2003 no. 196 deems "sensitive". Article 4, paragraph 1 letter d) of the Legislative Decree of 30 June 2003 n° 196 defines as "sensitive" the personal data that might be used to disclose the racial and ethnic origin, religious, philosophical or other types of convictions, political opinion, party membership, unions, associations and organizations of philosophical , political or trade union nature, as well as personal data that might disclose the state of health and sexual lifestyle. The data may be processed only with the written consent of the person concerned and subject to the Guarantor's prior authorization, in observance of the provisions and limitations established by the Legislative Decree of 30 June 2003 no. 196, as well as by law and regulations. Purposes of the processing for which the data are intended 1.The personal data of the person concerned will be processed within the scope of the normal activity by Shiny srl and the processing will be carried out in compliance of the law and/or deriving from the contract to which the concerned person is a party (in order to be able to provide the client with the ShinyStat PRO service, or to include the client's Site or Webpage on the search engine "ShinyStat's Top Sites", "ShinyStat's Clients" and other services provided by Shiny srl, for example: Search engine ShinySeek ). 2.The processing of personal data of the person concerned will also be applied when sending commercial communications regarding the ShinyStat service. The contribution of the personal data necessary for these purposes is optional, however the refusal to supply the data -given the specific need of the data requested for the purpose intended-, might result in Shiny srl not fulfilling the letter of the law and/or provisions of the contract of which the person concerned is party (as far as point 1) and make it impossible for Shiny srl to send commercial communications regarding the ShinyStat service (referred to in point 2). It is specified that in the course of its activity, Shiny will carry out statistical marketing aimed at studying the behaviour of surfers by means of the aggregated analysis of the data, who at all times will remain anonymous, relating to the access of the monitored sites using the ShinyStat PRO counter service. These aggregated numerical data will only be used anonymously and exclusively for statistical purposes. Forms of data processing In relation to the stated purposes, the processing of the personal data is carried out using manual, computer-based and telematic tools, with logic that is strictly correlated to the purposes intended, and in any case, in such a way as to guarantee the safety and confidentiality of the data. In any case, the protection of the personal data is guaranteed by Shiny srl. Category of persons to whom data may be communicated In order to carry out its activities, Shiny srl shall communicate the personal data of the persons concerned only and exclusively to recipients of the communications strictly connected for purposes referred to at point 1) and to persons to whom the communication is obligatory by law. Persons that belong to categories to whom the data may be communicated shall use the data in the capacity of "owners" pursuant to the law, in full autonomy, being outside the original processing carried out by Shiny srl. Rights as per Art. 7 Moreover, we want to specify that Art. 7 of the Legislative Decree of 30 June 2003 no. 196 confers on the citizens the exercise of specific rights. 1.The person concerned has the right to obtain confirmation of the existence or non existence of personal data pertaining to him even if not yet registered and that their communication be available in an intelligible way. 2. Moreover, the person concerned has the right to know: a) the origin of the personal data; b) the purpose and modality of the processing; c) of the logic applied whenever the processing involves use of electronic tools; d) the identification details of the owner, of the responsible and of the designated representative pursuant to Article 5, paragraph 2; e) of persons or categories of persons to whom the personal data may be communicated or person who may acquaint himself of the information as a designated representative on State territory, also of responsible and persons in charge. 3. Moreover, the person concerned has the right to know: a) the updating, the rectification, as well as the integration of the data whenever deemed of interest; b) the cancellation, the transformation in anonymous manner or the blocking of processed data in violation of the law, including those that do not need to be kept when compared to the purposes for which they were gathered and were later processed; c) certification that the operations described at letters a) and b) were made aware, even in regards to content, to persons for whom data have been communicated or circulated, except for cases in which such a condition might be impossible to achieve or necessitates an inordinate amount of means when compared to the enforcement of the right. 4. The person concerned has the right to oppose, in part or wholly: a) for legitimate reasons to the processing of his personal data even though they might be pertinent to the purpose of their collection; b) the processing of his personal data for the sending of advertising material or direct sales or to carry out market research or for commercial communication. You may request more information directly from Shiny srl, Sales Office: Savona (Italy), Via Magliotto 2, Palazzina Branca, Campus Universitario, at fax number no. +39 019-2302173, or by email to email@example.com.