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This Terms and Conditions of Use agreement (the "Agreement" or the "Terms and Conditions") is between you and PlusMobile LLC ("PlusMobile"), with offices located at 1230 Peachtree Street, N.E., Atlanta, GA 30309. Your use of this Web site (the "PlusMobile Web Site" or the "Site") and any other Web sites made available by PlusMobile on which this Terms of Use is posted (collectively, the "PlusMobile Web Sites" or "Sites"), and any PlusMobile services offered or made available thereon or described herein (the "PlusMobile Services" or other Premium SMS Services ("PSMS") provided by PlusMobile), signifies your agreement to the terms and conditions of use set forth below. BY USING THE SITE AND/OR THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE AND SERVICES. We may change the terms and conditions of this Agreement from time to time, at any time without notice to you, by posting such changes on the Site.

Limited License
Subject to the terms and conditions set forth in this Agreement, PlusMobile grants you a non-exclusive, non-transferable, limited right to access, view, use and display the PlusMobile Web Sites and PlusMobile Services and the materials thereon on your computer, mobile phone, or other internet compatible or mobile device, provided that you comply fully with the terms and conditions of this Agreement. The PlusMobile Web Site and the PlusMobile Services are for your personal, internal and noncommercial use only (except where specifically and expressly permitted and/or stated otherwise in connection with a particular Service).

Ownership; Restrictions
As between you and PlusMobile, PlusMobile owns, solely and exclusively, all rights, title and interest in and to the Site and Services, all material and content thereon (other than that which users may submit or provide to us), including without limitation text, images, software, games, audio and video clips, illustrations, graphics, other visuals, code, data and materials thereon, the look and feel, design and organization of the Site and Services, and the compilation of the content, code, data and materials on the Site and Services (collectively the "Content"), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. For the avoidance of doubt, the PlusMobile Web Site and Services and the Content are protected by U.S. copyright laws, international conventions, and other laws. You agree to abide by all restrictions displayed on the PlusMobile Web Site and Services. Your use of the Site or Services does not grant to you ownership of any Content you may access or use on or through the Site or the Services.

Prohibited Use
Except as expressly set forth herein or expressly permitted in connection with a particular Service, you may not download, display, copy, reproduce, create derivative works from, transmit, sell, distribute, publish, broadcast or in any way otherwise exploit the PlusMobile Web Site or the PlusMobile Services or any Content thereon for any public or commercial use without the express written permission of PlusMobile or the applicable rights holder. You may view and download single copies only of Content from the PlusMobile Web Site or Service (unless otherwise specifically indicated) for your personal, non-commercial use only, provided that you maintain all copyright and other notices as they are contained and displayed therein. PlusMobile will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. You may obtain more information on the copyrights, trademarks, and service marks of PlusMobile and its affiliates by viewing the copyright and trademark notices posted on the PlusMobile Web Site, the PlusMobile Services and the Content.

Prohibited User Conduct
You warrant and agree that, while using the Site and Services and the various features offered on or through the Site and Services, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Content or Services (for example, without limitation, in a feature, download, product or service downloaded from PlusMobile or otherwise through the Services), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes (except as expressly permitted in connection with a particular Service); or (c) attempt to gain unauthorized access to other computer systems through the Site or Service. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the PlusMobile Web Site or the PlusMobile Services, including without limitation any information residing on any server or database connected to the PlusMobile Web Site or Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the PlusMobile Web Site or the PlusMobile Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the PlusMobile Web Site or the Services (including, without limitation, sending mass unsolicited messages or "flooding" servers with requests); (iv) use the Site or the Services or features in violation of PlusMobile's or any third party's intellectual property or other proprietary or legal rights; or (v) use the Site or the Services in violation of any applicable law.

General Rules Applicable to Use of All PlusMobile Services
The PlusMobile Services (including, without limitation, all Downloads Services and Information/Advice Services) (each as defined below) may enable you to send messages, content and information to, and receive messages, content and information from, the Service, PlusMobile operators and other wireless device users or other members of the Services. You may use the Services only in accordance with the terms and conditions of this Agreement (including any amendments or revisions thereto) and any additional terms that may be presented in connection with a particular service or feature or function of a Service. You represent that you are the owner or authorized user of the wireless device you use to sign up for and receive the Services, and that you are authorized to approve any applicable carrier and premium charges in connection with your use of the Services.

The PlusMobile Services are compatible only with the wireless carriers listed on the particular Site in connection with the particular Service, which lists may change from time to time. You must first register and provide all required information, which may include your name, address, telephone number, wireless carrier, wireless phone number, SMS address, email address and billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier, depending on the Service you subscribe to), user name and passwords (collectively, "Account Information"). You agree to update your Account Information as necessary to insure that it is current, accurate and complete. We may also obtain the date, time and content of your messages and other mobile transactions ("Transactional Information") in the course of your use of the PlusMobile Services. We may also access the content of your wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.

We will use the information we obtain in connection with our Services (including Account Information and Transaction Information) in accordance with our Privacy Policy, as well as the terms and conditions set forth herein. Please review our Privacy Policy before completing the registration process or attempting to use the Services. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You understand and acknowledge that your wireless carrier may suspend or delay the Services (including, for example, without limitation, the shortcode for certain Services) at any time. PlusMobile will not be liable for lack of availability, any delays, downtime, shortcode downtime, or failures in or discontinuance of your receipt of any messages, Content or any other aspects of our Services, as delivery is subject to effective transmission from your network operator and/or carrier as well as effective processing by your mobile device.

Privacy and Security of Your Account Information

Without limiting the terms of the Privacy Policy, you acknowledge and agree that the PlusMobile Services are provided via wireless systems, which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the PlusMobile Services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the PlusMobile Services.

Billing Disputes and Refunds

If you have a complaint or dispute about a certain charge, or about a certain feature or product of the Service (including, for example, any Content, as defined above), you must notify PlusMobile's customer service (and not your wireless carrier) of such complaint or dispute. PlusMobile may issue refunds for certain corrupt or defective Content (or other products or services offered or made available on or through the Services). However, if you repeatedly request refunds, which in our sole discretion are illegitimate, your use of the Service(s) may be subject to suspension or termination, without further notice to you.

You must notify PlusMobile's customer service about any billing problems or discrepancies within ninety (90) days after they first appear on your account statement. If you do not bring them to PlusMobile's attention within such ninety (90) days, you agree that you waive your right to dispute such problems or discrepancies. Fees charged for certain subscription plans are due in advance unless provided otherwise in your subscription plan, and are nonrefundable. You understand that PlusMobile's right to make certain services available to you may expire, in which case PlusMobile may cease delivering the services to you.

Fee Changes

All fees for the PlusMobile Services or Content are subject to change. PlusMobile will provide you with reasonable notice of such changes in the "Pricing" section of the Site. (It is up to your wireless carrier to notify you if there are any changes to its rates.) If you do not accept PlusMobile's new fees, you will have ten (10) days from the date of notice to cancel your subscription or your account.

Private or Sensitive Information on Public Forums

It is important to remember that materials or comments submitted to a public forum may be recorded and stored in multiple places, both on the PlusMobile Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your materials or comments to our public forums.

This policy was last updated January 1, 2007.

 
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