Mobile Web Terms & Conditions

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VERIZON WIRELESS MOBILE WEB TERMS AND CONDITIONS

The Verizon Wireless Mobile Web Services, including "Mobile Web by VZW with MSN" located on the Internet at VZW.MSN.com (collectively, the "Services"), are provided by Verizon Wireless. NOTE TO CURRENT MOBILE WEB SUBSCRIBERS: WHEN YOU SUBSCRIBED TO THE SERVICES, YOU SHOULD HAVE READ AND COMPLIED WITH THE FOLLOWING PARAGRAPH (MARKED BY AN * ). THIS PARAGRAPH IS PROVIDED HERE FOR YOUR REFERENCE ONLY, AND YOU ARE NOT REQUIRED TO TAKE ANY FURTHER ACTION AT THIS TIME. * You agree that clicking the "I Accept" button below is the equivalent to Your "written signature" in accordance with the ELECTRONIC TRANSACTION RULES Section below, and that by using or accessing the Services, including, but not limited to email, chat rooms, message boards and other community services, You agree to be bound by the following Terms And Conditions:

CUSTOMER AGREEMENT

THE SERVICES ARE SUBJECT TO THE TERMS AND CONDITIONS OF YOUR VERIZON WIRELESS CUSTOMER AGREEMENT AND CALLING PLAN, INCLUDING, BUT NOT LIMITED TO LIMITATIONS OF LIABILITY, SETTLEMENT OF DISPUTES BY NEUTRAL ARBITRATION AND OTHER MEANS INSTEAD OF JURY TRIALS, INDEMNIFICATION AND OTHER IMPORTANT TERMS, WHICH ARE INCORPORATED HEREIN BY REFERENCE. YOU ACKNOWLEDGE THAT THE CUSTOMER AGREEMENT WAS ORIGINALLY PROVIDED TO YOU WHEN YOU SUBSCRIBED TO YOUR VERIZON WIRELESS CALLING PLAN. THE CUSTOMER AGREEMENT AND CALLING PLAN IS AVAILABLE AT YOUR LOCAL VERIZON WIRELESS STORE, OR AT VERIZONWIRELESS.COM. PLEASE READ AND UNDERSTAND THESE DOCUMENTS BEFORE ACTIVATING THE SERVICES.

PRIVACY

It is Our policy to respect Your privacy. We have established a Privacy Policy, which is available at: http://www.verizonwireless.com/b2c/globalText?contentType=globalContent. You should review and understand the privacy policies of other web sites that You visit and use in connection with the Services. You acknowledge and agree that We do not monitor and can not be held liable for the security or privacy policies or the personal information protection of any other web site that You may access via the Services.

CONSENT TO MONITORING AND DISCLOSURE

We are under no obligation to monitor the information or content available or transmitted through the Services. You agree that We may monitor e-mails, communications, postings, data or information periodically, in order to comply with any applicable laws, regulations or other governmental orders, and/or to operate the Services properly or to protect itself and You. We reserve the right to delete, reject or eliminate, in whole or in part, any information available or transmitted through the Services that it, in its sole discretion, believes is unacceptable or in violation of these Terms and Conditions. Should You provide Us with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information is deemed to be non-confidential, and We assume no obligation to protect such information from disclosure. The submission of such information to Verizon Wireless shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatsoever. We are free to reproduce, use, disclose and distribute such information to others without restriction. You agree that You shall have no recourse against Us for alleged infringement or misappropriation in connection with any information or materials submitted.

YOUR USE OF SERVICES

You agree that while using the Services, You will not violate any applicable law, regulation, code or rule, or post or transmit any commercial, advertising or promotional materials, including, without limitation, "Spam" or mass distributions. If You violate any such applicable law, regulation, code or rule, We may, without prior notice and without liability to You, ban You from the use of any and all Services, terminate Your registration, delete Your messages or postings, and take any other action We deem appropriate in Our sole discretion. You agree that We are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information which may occur as a result of or arising out of the administration of the Services.

DISCLAIMER OF WARRANTIES

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND THE INTERNET GENERALLY. THE USE OF THE INFORMATION, PRODUCTS, AND/ OR SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US, OUR PARENTS, AFFILIATES OR OUR OR THEIR RESPECTIVE EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY. NEITHER VERIZON WIRELESS NOR ITS AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES PROVIDED ON, DISCLOSED OR AVAILABLE THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, WILL BE UN-INTERRUPTIBLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE, OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY PROVIDE LINKS OR REFERENCES TO OTHER WEBSITES. HOWEVER, WE HAVE NO CONTROL OVER OR RESPONSIBILITY FOR CONTENT ON THIRD PARTY WEBSITES AND TRANSACTIONS THAT OCCUR THEREIN. WE PROVIDE LINKS TO OTHER SITES MERELY AS A CONVENIENCE TO YOU, AND WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM CONTENT ON SUCH THIRD PARTY WEBSITES, TRANSACTIONS OCCURRING THEREIN, OR ANY INTERRUPTIONS WHICH MIGHT EFFECT SUCH TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, TRANSACTIONS ENTERED INTO THROUGH SECURITY-RELATED WEBSITES. THE TERMS AND CONDITIONS, PRIVACY POLICIES AND SECURITY LEVELS GOVERNING THE SERVICES MAY DIFFER SIGNIFICANTLY FROM THE POLICIES OF THIRD PARTY WEBSITES. THERE ARE RISKS IN USING ANY INFORMATION, SOFTWARE, OR PRODUCTS FOUND ON THE INTERNET OR IN OTHERWISE ENTERING TRANSACTIONS THROUGH THE INTERNET. ACCORDINGLY, WE CAUTION YOU TO MAKE CERTAIN YOU UNDERSTAND THESE RISKS AND ANY APPLICABLE POLICIES OF THIRD PARTY WEBSITES BEFORE RETRIEVING, USING, RELYING UPON, OR PURCHASING ANYTHING, OR BEFORE OTHERWISE TRANSACTING, VIA THE INTERNET. Our Linking Policy may be found at: http://www.verizonwireless.com/b2c/globalText?textName=WEBSITE_USE&jspName=footer/webuse.jsp. With regard to Mobile Web specifically, the Services are subject to transmission interruption caused by atmospheric and other conditions. You acknowledge that the Services and cellular telephone numbers and/or information contained in e-mail messages or other transmissions of data may be intercepted by individuals using certain equipment without Your or Our permission. We are not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. We are not responsible for the content of messages sent using the Services.

LIMITATION OF LIABILITY

UNLESS THE LAW OF A PARTICULAR JURISDICTION FORBIDS IT (IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN THAT JURISDICTION), WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL CLAIM OR SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. YOU AGREE WE AREN'T LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS, HILLS, NETWORK CONGESTION, TUNNELS, WEATHER, OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, WHILE YOU ROAM), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES. IN NO EVENT SHALL OUR, OR OUR AFFILIATES, AGGREGATE, TOTAL LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO USE OF THE SERVICES EXCEED THE GREATER OF: (1) THE AMOUNT OF MONTHLY ACCESS FEE, IF ANY, PAID BY YOU TO VERIZON WIRELESS IN RESPECT OF THE USE OF THE SERVICES OR (2) $100.00.

DISCLAIMER OF ENDORSEMENT

Any reference made in the Services to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise, does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Us. Product and service information are the sole responsibility of each individual vendor. Our name and logo and other trademarks and trade names owned by Verizon Communication and/or Verizon Wireless may not be used in any commercial manner without the prior written consent of Verizon Communications and Verizon Wireless.

COPYRIGHT

The materials available through the Services are Our copyrighted property or the copyrighted property of Our licensors. Permission to copy and distribute materials available through the Services is granted subject to the following: (1) the materials, documents, etc., or any portions thereof, which are accessed by You through the Services are used for personal, non-commercial reasons only, and (2) all copies of materials, documents, etc., or any portions thereof, which are accessed by You through the Services must include the following copyright notice: Copyright© 2003 Verizon Wireless; All rights reserved. http://www.verizonwireless.com/b2c/globalText?textName=WEBSITE_USE&jspName=footer/webuse.jsp. Each document made available by Us through the Services may contain other proprietary notices or describe products, services, processes or technologies owned by Us or third parties. Nothing contained herein shall be construed as granting You a license to said documents, etc., under any copyright, trademark, patent or other intellectual property right of belonging to Us, to Verizon Communications, to their affiliates (referred to collectively as "Verizon Wireless") or to any third party

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

We own, protect and enforce copyrights in Our own creative material, and We respect the copyright properties of others. You may not store or disseminate material using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright law. In addition to Our Services as a carrier, We offer added value services as a "services provider" (as defined in the DMCA), including services as a web site provider and portal with links to third party web sites. As a result, materials of third parties, not owned or controlled by Us, may be transmitted, stored, accessed or otherwise made available using the Services. These materials do not infringe the copyrights of others. You should notify Us promptly if this is not the case. Upon Our receipt of a proper notice of claimed infringement under the DMCA, We will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e. proper party) to whom You should address such notice is: Danielle Nappi, Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921; Facsimile: (908) 306-6836. In accordance with the DMCA and other applicable law, it is Our policy to terminate, in appropriate circumstances, the Services provided to any subscriber who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where: (1) a subscriber has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., becoming a repeat infringer, (2) where a valid, effective and uncontested notice has been provided to Verizon Wireless alleging facts which are a violation by the subscriber of Verizon Wireless' Copyright Policy prohibiting infringing activity, or (3) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Verizon Wireless expressly reserves the right to terminate or suspend the service of any subscriber if Verizon Wireless, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Verizon Wireless may have under law or contract. If You believe that copyrighted material has been used in violation of this policy or has otherwise been made available on the Verizon Wireless Services in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Verizon Wireless' designated Copyright Agent as set forth in the Verizon Wireless Copyright Policy located at http://www.verizonwireless.com/b2c/globalText?textName=WEBSITE_USE&jspName=footer/webuse.jsp. To learn more about this policy, contact Us directly.

TRADEMARKS

Our name, tradenames, trademarks and logo, the Bell name and logo, and all related product and service names, design marks and slogans are Our trademarks, service marks or registered trademarks or the trademarks, service marks or registered trademarks of Our parent Verizon Communications. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services belong to Us or to Our licensors. In addition, the names, images and other indicia identifying Our products and services are Our proprietary marks.

ELECTRONIC TRANSACTION RULES

You agree that, unless You specifically request otherwise, by entering into transactions with Us, You affirm Your consent to receive, in an electronic format, all information, copies of agreements and correspondence ("Documents") from Verizon Wireless, and to also send information to Us in an electronic format, either through Your account page (accessed via Mobile Web) or via email, at Our discretion. You agree that You will treat any such electronic Documents received from Us (i.e., through email and website postings) or sent to Us as being legally equivalent to any "written" information You would receive or send in print or by postal mail. Your transactions with Us indicate that You agree to treat all electronic Documents received from or sent to Us as having full legal enforceability and legal effect. In any situation where Your signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by You and Us, or established by law for authenticating a record authenticates the record as a matter of law. One method of authenticating a record is the following: You agree that You will type Your name, enter Your PIN number and/or do anything else which We ask You to do, which will be equivalent to Your "written signature." You agree to inform Us immediately if there is any change in Your personal information or methods (including email) by which we can send Your electronic Documents. Furthermore, if for any reason, You are unable to print or store the electronic Documents You receive from Us, You agree that You will notify Us immediately, so that We can correct any transmission or other technical problems originating with Us, and so that We can resend any Documents You did not receive. You further agree that Your responsibilities or the methods by which We send User electronic Documents may be altered from time to time, at Our discretion, and We will give You advance notice of such changes. You will receive a unique PIN number from Us that You agree will function as a security device. You agree that You will take measures to protect Your PIN number, and agree to inform Us immediately if You discover that Your PIN number has been given out (intentionally or accidentally) to another user. You agree that You will preview Your transaction(s) carefully, and that once You accept the transaction, it will be final. You agree that the terms set forth immediately above are applicable to all aspects of these Terms And Conditions and the Customer Agreement, and that they will govern Our relations with You, in whole and in part, without regard to the specific subject matter contained within the scope of these Terms And Conditions or the future form of these Terms And Conditions as they may exist with amendments.

JURISDICTION STATEMENT

We do not conduct business in States where We do not offer wireless service. As a result, We do not agree to be subject to the jurisdiction of the State courts where We do not provide wireless service. By virtue of operating and transmitting this Web Site and its content through the World Wide Web, We do consent only to the jurisdiction of the State courts in which We provide wireless service.

INTERNATIONAL USE

We do not represent that all content, materials and services on the Services are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and We are not responsible for their compliance with local laws or other applicable laws. You agree not to access the foregoing where such is prohibited by law.

CONFIDENTIALITY

We cannot guarantee Your confidential use of the Services. We shall not be responsible for any harm that You or any person may suffer as a result of a breach of confidentiality in respect to your use of the Services.

MISCELLANEOUS

Should You be unwilling to accept these Terms and Conditions, You may cancel the Services and receive a refund.