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Terms and Conditions

Use Agreement

The following sets forth the terms and conditions (”Agreement”) for the use (as defined below) of this web site, any services provided by or through this web site (”Services”), and/or any server or domain name associated with or registered to Phonewire Incorporated (”Phonewire”) wherever located or hosted (collectively and individually the foregoing the “Web Site”).

General

Terms of Use

By using this Web Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. For the purposes of this Agreement, “using” or “use” shall mean any accessing, browsing, downloading, posting of messages, creation, maintenance, or manipulation of information stored on Phonewire’s servers (including, but not limited to, address books, portfolios, personal information, calendar and directories), creation of nicknames or e-mail names, or use of this Web Site regardless of the means by which this Web Site is accessed, browsed, downloaded, or used, including, but not limited to, through the URL address http://www.phonewire.com, electronic mail, ftp, gopher, WAIS or links from another site, including portal and search sites. You agree that this Agreement applies irrespective of the way you use this Web Site or the Services. You further agree to abide by, and comply with, all international, and federal, state, and local laws and regulations (including, but not limited to, copyright, trademark, patent and intellectual property rights laws, U.S. export and re-export control laws and regulations) and these terms and conditions concerning the use of this Web Site. The material contained on this Web Site is protected by international, federal, state and local laws and regulations, including U.S. and foreign copyright laws and treaties.

This Web Site is owned and operated by Phonewire in St. Louis, Missouri and Phonewire makes no representation or warranty, express or implied, that the materials contained herein, your storage of information herein, the transmission of messages, and/or your use of this Web Site or the Services is appropriate or available for use in other locations. Your use of this Web Site shall be deemed to have occurred in St. Louis, Missouri, and will be governed by Missouri law, excluding its conflicts of laws principles. You agree that any claim relating to your use of this Web Site and the materials contained thereon shall be brought in Missouri Federal District Court in St. Louis, Missouri and you agree to the personal jurisdiction of the Court in St. Louis, Missouri. Access to the materials from other countries, states, territories, or localities are at your own risk and you must comply with all international, federal, state, and local laws and regulations applicable hereto. Any use from a place where the contents of this Web Site are illegal is strictly prohibited and your use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph, the Limitation of Liability, and Disclaimer paragraphs set forth below.

Site Use

You agree that your use of this Web Site shall be at your sole risk and liability and you also warrant that you will not use the Web Site or the Services provided herein in any manner which could damage, disable, overburden, or impair the Web Site or the Services, or interfere with anyone else’s use or enjoyment of the Web Site or Services. None of the materials contained in this Web Site or the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, distributed, printed, or reproduced in any fashion, in any form, or by any means, without the prior written permission of Phonewire or the copyright owner. You also warrant that all information supplied by you or members of your household in using this Web Site is true and accurate. Additional terms and conditions may apply to products and services and other portions of this Web Site, and you agree to abide by such other terms and conditions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable international, federal, state and local laws and regulations regarding the transmission and storage of technical information and data exported from the United States or the country in which you reside or you receive your Internet service.

Content

Any unauthorized use, disclosure, reproduction, download or display of any materials contained on this Web Site may violate copyright law, trademark law, the law of privacy and publicity, and communications regulations and statutes. Notwithstanding the foregoing, provided that you are in compliance with the terms hereof, you may display, copy, distribute, browse, print or download the materials contained on this Web Site for personal, non-commercial use only, provided that you do not modify the materials in any way, only make a single copy, and retain all copyrights and other proprietary notices contained on such materials. In no event shall you make any commercial use of the materials contained on this Web Site or the services provided through this Web Site. Upon a breach of this Agreement or your cessation of use of the materials or this Web Site, your permission to use such materials ceases and you must immediately destroy any copies, reproductions, downloads, and hard copies of the materials contained on this Web Site. You may not, without Phonewire’s prior written permission, which may be withheld in Phonewire’s sole and absolute discretion, “mirror”, reproduce, distribute, or make copies of the materials contained on this Web Site available on any other web site, server, domain, or computer. At any time Phonewire may, without notice, make changes to this Web Site or to the services or products described on this Web Site.

Customer Comments

Phonewire welcomes the submission of comments, information or feedback through this Web Site; provided, however, that Phonewire does not want to receive, and will in fact reject, confidential or proprietary information from you. By submitting information through this Web Site you agree that the information shall not be considered confidential and shall become the property of Phonewire, including an assignment of all rights and titles to such information. In addition, you warrant and represent that you have the right to disclose such information to Phonewire without any restriction. Phonewire shall have the unrestricted right, without compensation to you, to use or disseminate, internally or to any affiliate, subsidiary, or marketing partner of Phonewire, such information for any purpose, including, but not limited to, developing, manufacturing, designing, or marketing products or services. You are prohibited from posting, transmitting, storing or otherwise sending to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, harassing, abusive or profane material, private information of others, or any other materials that could give rise to any civil or criminal cause of action or liability under applicable law.

Compatibility and Defects

This Web Site and the Services contain programming instructions (including, but not limited to, JavaScript or applets) which may be downloaded and executed on your personal computer. Although Phonewire has made an effort to uncover any defects, inaccuracies, or inconsistencies in this Web Site and the Services, like virtually all software, some defects, inaccuracies, or inconsistencies still undoubtedly exist. These defects could cause a failure of your computer system or software. In addition, since the software is provided without the benefit of SSL, software instructions could be intercepted and modified prior to loading on your system. Finally, the software may interact with, or have unintended consequences to, other software (including your operating system, browser, BIOS, or file system) you may have installed or are running on your computer, and it may be incompatible with some browsers or some versions of browsers. We encourage you to provide us with any feedback on the features and functions of and on any defects you may discover in this Web Site and the Services (send e-mail to help@phonewire.com). We will consider all input seriously.

Disclaimers

THE MATERIALS ON THIS WEB SITE AND THE SERVICES PROVIDED BY THIS WEB SITE ARE PROVIDED “AS-IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE INTERNATIONAL, FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. PHONEWIRE DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF PROPRIETARY RIGHTS OR OTHER VIOLATION OF THIRD PARTY RIGHTS. PHONEWIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OR QUALITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE MATERIALS ON THIS WEB SITE, ANY WEB SITE LINKED TO THIS WEB SITE, OR THE SERVICES PROVIDED BY THIS WEB SITE. PHONEWIRE ALSO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. PHONEWIRE ALSO MAKES NO WARRANTY THAT THE SERVICES WILL OPERATE WITH YOUR BROWSER.

Limitation of Liability

NEITHER PHONEWIRE NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE TO ANY PERSON, AND YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF CONNECTION WITH, THE USE OR INABILITY TO USE, THIS WEB SITE, THE MATERIALS CONTAINED HEREIN, OTHER HYPERLINKED WEB SITES, YOUR COMPUTER, AND THE SERVICES PROVIDED BY THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PHONEWIRE, ITS SUPPLIERS OR AN PHONEWIRE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS WEB SITE RESULTS IN THE NEED FOR SERVICE, REPAIR, REPLACEMENT OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH STATES, PHONEWIRE’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. IF DESPITE THE EXCLUSIONS CONTAINED IN THIS PARAGRAPH, PHONEWIRE, ITS SUPPLIERS OR ITS REPRESENTATIVES SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS, USES OR SERVICES PROVIDED BY THIS WEB SITE, THE LIABILITY OF PHONEWIRE, ITS SUPPLIERS AND ITS REPRESENTATIVES SHALL NOT EXCEED ANY AMOUNTS PAID BY YOU TO PHONEWIRE FOR THE MATERIALS OR THE SERVICES TO WHICH LIABILITY IS FOUND. This paragraph shall inure to the benefit of Phonewire and its officers, directors, employees, agents, licensors, suppliers and any third party information providers providing content or programming for the Web Site or the Services.

Indemnification

You agree to indemnify and hold harmless Phonewire from and against all losses, expenses, claims, causes of action, damages, costs, and liabilities, including reasonable attorneys’ fees (collectively and individually “Liabilities”), resulting from, arising out of or in connection with, any violation of this Agreement by you, irrespective of whether Phonewire contributed to, participated in or such violation was in response to a violation by Phonewire. You further agree to defend Phonewire from and against all Liabilities resulting from, arising out of, or in connection with any violation of this Agreement by you, irrespective of whether Phonewire contributed to, participated in or such violation was in response to a violation by Phonewire, and irrespective of whether Phonewire have had to pay such Liabilities. Any dispute as to whether you have an obligation to indemnify, defend or hold Phonewire harmless shall be decided by binding arbitration in St. Louis, Missouri, by a single arbitrator selected by Phonewire and such arbitration shall be conducted under the rules of the American Arbitration Association.

Links to Other Web Sites

The Phonewire Web Site may include hyperlinks to web sites maintained or controlled by others. It may not be readily apparent that you have linked to another web site. By your use of Phonewire’s Web Site, you agree that Phonewire is not responsible for and does not endorse the contents of, use of or any of the products or services offered in these other web sites nor is Phonewire responsible for the accuracy, legality, decency or any aspect of the content of such web sites. In addition, other web sites may have differing treatment as to the privacy of information and different terms of use. Please consult the privacy terms and terms of use of such other web sites.

Trademark Information

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Web Site are registered and unregistered Trademarks of Phonewire Inc. and others. Nothing in this Web Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site or to hyperlink to this Web Site, without the prior written permission of the Trademark owner. Phonewire aggressively enforces its intellectual property rights to the fullest extent of the law. The Phonewire name and its Trademarks may not be used in any way, including in advertising, publicity, or hyperlinks without the prior written permission of Phonewire. Phonewire prohibits the Phonewire name and Phonewire Trademarks as a “hot” link or hyperlink to any Phonewire Web Site without Phonewire’s prior written consent. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license under any of Phonewire’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Privacy Policies

Phonewire has established certain privacy principles which govern the use, storage and protection of personal and other information sent, gathered or generated in your use of the Web Site or the Services. To review the current Phonewire Privacy Policies, please see Privacy Policies.

Revisions

Phonewire may, at any time, revise this Agreement by updating this posting. By using this Web Site following the posting of any changes to this Agreement, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement is not subject to modification, except in writing by Phonewire in its sole discretion.

Changes to Site

Phonewire reserves the right to reconfigure, change, modify, and/or cease providing any or all aspects and features of this Web Site or the Services provided herein, including, but not limited to, your ability to send a message, storage and maintenance of address books, portfolios, calendars, personal information, and directories, and the actual format and features available to you in sending a message. In addition, Phonewire reserves the right to change the addresses and domain names which are required to send messages to Phonewire subscribers, access this Web Site, or use the Services, without notice. You should therefore periodically visit this page to determine the then-current features and functionality available to you for the Services. Phonewire reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site and/or the Services, or any part thereof, with or without notice. You agree that Phonewire shall not be liable for any such modification or discontinuance of the Web Site and/or the Services.

Termination/Access Restrictions

Phonewire reserves the right, in its sole discretion, to terminate your use of any or all Phonewire Web Sites and the related Services or any portion thereof at any time without notice.

No Resale of Service

You agree not to reproduce, duplicate, copy, display, print, sell, resell, exploit or otherwise provide for any commercial purposes, any portion of the Web Site, the use of the Services or access to the Services. You may not charge others for their use of the Web Site or the Services.

Personal Information Warning

Always use caution when giving out any personal identifying information about yourself or your children in any message or information provided or stored as part of any Service. Phonewire does not control or endorse the content, messages or information transmitted through, or stored in connection with, its Services; therefore, Phonewire specifically disclaims any liability with regard to the Services and any actions resulting from your participation in the Services.

Miscellaneous

The terms and conditions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity or enforceability for any other remaining provisions. In addition, such provision shall be replaced with a valid enforceable provision that shall have the same economic effect and intent as the original provision. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the interpretation of this Agreement. Any cause of action or claim you may have with respect to this Web Site, the materials provided herein, or the Services, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Phonewire’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The provisions of this Agreement that by their sense and context are intended to survive the performance hereof by any party to this Agreement shall so survive the termination of this Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement, including all other pages on this Web Site, shall constitute the entire agreement between the parties and shall supersede any and all prior and contemporaneous oral or written agreements with respect to the subject matter of this Agreement. A printed version of this Agreement, any web pages contained in this Web Site, all information stored on this Web Site or on any Phonewire server, and of any notice given in electronic form shall be admissible in any judicial, administrative or regulatory proceeding to the same extent and subject to the same conditions, as other business records and documents originally generated and maintained in written form. Managers and employees of Phonewire and its affiliates, subsidiaries, agents and contacts are not authorized Phonewire spokespersons and their views do not necessarily reflect those of Phonewire.

Messaging Terms and Conditions

Scope

These additional terms and conditions apply to any use of this Web Site for the transmission, distribution, or delivery of messages, including web based and electronic mail messages (”Messaging Services”). These terms and conditions are in addition to the General Terms and Conditions contained above.

Description of Service and Express Consent

The Messaging Services include your ability to send e-mail and messages to subscribers to Phonewire’s services, including, but not limited to, e-mail services (described below). As part of the Messaging Service, you may receive e-mail notifications on the progress of your e-mail or other message. For example, Phonewire may send you, but is under no obligation to send you, a message or e-mail notifying you that the network has accepted your message, the network has transmitted your message, and that your message was delivered. Such messages or e-mails may also include Phonewire newsletters, advertisements, or links to Phonewire’s Web Site. The receipt of these advertisements and newsletters are an integral part of providing you with access to the Messaging Services for the charge assessed by Phonewire. You agree that by sending messages or e-mails via the Messaging Service you have established a business or personal relationship with Phonewire and that you expressly consent to the receipt of these network messages even if they include links, newsletters, or advertisements.

Delivery of Messages

When using this Web Site for the transmission, distribution, or delivery of messages, you agree that those messages may not be delivered to their intended recipient at all or in a timely fashion and that the technical processing and transmission of your messages may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. The intended recipient may not receive such message at all or in a timely fashion, or the message may be corrupted or full of errors for a variety of reasons including, but not limited to: (i) a lack of coverage due to terrain, weather, building density, interference, and equipment failures; (ii) system or service failures or limitations; (iii) delays in transmission, distribution, or delivery due to system delays or failures; (iv) limitations inherent in wireless and data transmission; or (v) delays, errors, or interruptions caused by connecting networks or equipment. In addition, messages may be deleted by Phonewire pursuant to the Messaging Principles set forth in the section “Messaging Principles”. You may use the Messaging Services to deliver messages from third parties including information service providers. Phonewire shall have no responsibility for, and you waive any claims against Phonewire for, any problems associated with the delivery of such messages including, but not limited to, delay, corruption, or non-delivery of such messages. You also agree to indemnify and hold Phonewire harmless, pursuant to the section “Indemnification” set forth herein, for any Liabilities resulting from your use of the Messaging Services. You also agree to defend Phonewire, pursuant to the section “Indemnification” set forth herein for any Liabilities resulting from your use of the Messaging Services.

Receipt of Messages

A message transmitted, distributed, or delivered to you via this Web Site, Messaging Services, or e-mail, is created by others and as such, the reliability, accuracy, and truthfulness of such message is beyond the control of Phonewire. For purposes of this Agreement, “sent” shall mean the transmission, distribution, delivery, submission or sending of a message via electronic mail, web page, web form or otherwise. In addition, Phonewire has no control over whether any message sent is of a nature that you will find it offensive, tasteless, obscene, pornographic or otherwise unacceptable. When receiving a message sent via this Web Site, you agree that Phonewire shall have no responsibility for the content of any message sent to you. You also agree that the receipt of a message from this Web Site is subject to the terms and conditions of your service agreement with Phonewire.

Content of Messages

You shall not send or cause anyone else to send, or receive or cause anyone to receive, any message via this Web Site, the Messaging Services, or eMail which:

    • Libels, defames, or otherwise violates the legal rights (such as privacy or publicity) of others, is obscene, lewd, lascivious, filthy, indecent, pornographic, abusive, threatening, vulgar, hateful, tortious, harassing, contains explicit or graphic descriptions or accounts of sexual acts (including sexual language of a violent or threatening nature), or is racially, ethnically or otherwise objectionable;

    • Infringes any intellectual property or other right of any entity or person including, but not limited to, violating anyone’s copyrights, trademarks, or servicemarks;

    • Violates any law including, but not limited to, laws where you are located, where the server or equipment used by you to access this Web Site is located, where the Messaging Services or sent e-mail is located, and where the Web Site is located;

    • Fails to include any required author attributions, legal notices or proprietary designations or labels;

    • Advocates illegal activity or is or can be used in the commission of a crime;

    • Contains a virus, worm, “Trojan Horse” or other program which may damage, contaminate, destroy, interrupt or otherwise limit the operation or functionality of the recipient’s equipment or any form of lottery or gambling;

    • Falsifies, misidentifies or impersonates the origin or sender of a message, including any employee or representative of Phonewire;

    • Interferes with or disrupts the Web Pages, servers, computers, or networks connected to the Web Page, or disobeys any requirements, procedures, policies or regulations of Phonewire or the servers, computers or networks connected to the Web Page;

    • Is not wanted or welcomed by the recipient;

    • Is automatically generated, created or sent without the recipient’s prior written approval;

    • Is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation for goods or services, or forwards surveys, contests, or chain messages, including messages which are in violation of 47 U.S.C. Section 227; and

    • Harms minors in any way (collectively “Non-Approved Messages”).

Do not send any Non-Approved Messages that would be considered a violation of any law. You acknowledge and agree that Phonewire may preserve any message or information sent, stored or otherwise made available to Phonewire as a result of your use of the Web Site or the Messaging Services and Phonewire will fully cooperate with any law enforcement authorities or court orders requesting or directing Phonewire to disclose the identity of persons sending any such Non-Approved Messages and/or the content of such Non-Approved Messages if Phonewire has the good faith belief that such request is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any message or information violates the rights of third parties; (iv) protect the rights, property, or personal safety of Phonewire, its users, employees, officers, and the public; or (v) prevent the commission of, is evidence of, or is useful in the investigation of, any violation of law or crime.

Security

Messages sent via the Messaging Services to Phonewire subscribers will be sent to the recipient and delivered over the air in a non-encrypted fashion. Accordingly, Phonewire cannot, and does not, make any representations or warranties as to the security of any information, including, but not limited to, any message or personal information, you may send via this Web Site or the Messaging Services. In addition, persons sending a message and using the Messaging Services self-report certain information in the course of sending a message such as the identity of the sender, e-mail address and the like. Phonewire does not confirm such information, including the identity of the sending party, nor any other information gathered from the sending party. In addition, messages are not sent via SSL, so a message may be intercepted, delayed, or altered by third parties. Accordingly, any message sent via this Web Site, e-mail, or the Messaging Services, should be considered with these understandings in mind. Furthermore, Phonewire may review, store, display or otherwise use a message sent via this Web Site or the Messaging Services to monitor the performance of this Web Site, the Messaging Services, and its data and messaging network, and to protect its network from abuse or misuse, and you agree that Phonewire may do so without any liability to you. Phonewire may also record and use the electronic mail address of any person sending a message via this Web Site for the purposes outlined in the general privacy principles of Phonewire (please see Privacy Policies).

Messaging Principles

It is Phonewire’s general policy to transmit any message received to its intended recipient. Phonewire reserves the right, at its sole discretion, to limit how many messages may be sent by or to you at any time. If you send or receive more messages than Phonewire deems appropriate in a given timeframe, Phonewire reserves the right to delay receipt of, or to discard, some or all of the messages to limit the impact on Phonewire’s networks and systems. In addition, with respect to multiple messages for the same subscriber, or the same message to multiple subscribers within a short time frame, Phonewire reserves the right to discard such multiple messages at its sole and absolute discretion. Currently, duplicate messages placed via:

    • The internet gateway (Web Site, the Messaging Services, or e-mail server) within five minutes may be discarded by Phonewire without notice.

    • Telephone or alphanumeric entry will be discarded if they are in the same batch (e.g., if the batch is queuing for more than 5 minutes, duplicate messages received within that time will be discarded) without notice.

The sending of repetitive, duplicative, unsolicited, or unwanted messages is an inappropriate use of Phonewire’s network and is not permitted. Phonewire will pursue appropriate action against any person who undertakes to degrade Phonewire’s network through the transmission of repetitive, unwanted, unwelcome, or duplicate messages, including pursuing all remedies available under 47 USC Section 227. Phonewire reserves the right to change its Messaging Principles without prior notice at any time. You should therefore periodically visit this page to determine the then-current Messaging Principles in effect.

Financial Services

If you use the Messaging Services to have time or financially sensitive information delivered to you, you agree to indemnify, defend, and hold Phonewire harmless from and against any and all claims, losses, or liabilities resulting from the delay, storage, corruption, or non-delivery of such messages. The Messaging Service is not intended to be used for trading or investing purposes and Phonewire shall not be responsible or liable for any trading or investment decisions made based on messages transmitted through the Messaging Service.

Cooperation with Law Enforcement

You acknowledge and agree that Phonewire may preserve any information sent, stored or otherwise made available to Phonewire as a result of your use of the Web Site or the Messaging Service, and Phonewire will fully cooperate with any law enforcement authorities or court orders requesting or directing Phonewire to disclose the identity of persons sending, storing or otherwise making available information if Phonewire has the good faith belief that such a request is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any information violates the rights of third parties; (iv) protect the rights, property or personal safety of Phonewire, its users, employees, officers, and the public; or (v) prevent the commission of, is evidence of, or is useful in the investigation of, any violation of law or crime.

Storage and Use

You agree that Phonewire has no liability or responsibility for the deletion, corruption, or failure to store information provided by you as part of the Messaging Service including, but not limited to, transaction history, personal information and activities. By use of the Messaging Service you agree to Phonewire’s principles at the time of use and that Phonewire may change such principles, at its sole discretion, without any notice. Phonewire has no obligation to monitor the Messaging Service or any information stored by you in connection with such service and Phonewire reserves the right to review all information posted or stored on its servers and to remove any information in its sole discretion.

Termination of Your Account

You agree that Phonewire, in its sole and absolute discretion, may terminate your account or any portion thereof, password, directory, or other service which is part of the Messaging Service at any time without prior notice, and remove and discard any information stored on its servers, for any reason including, but not limited to, your breach of this Agreement, lack of use, violation of law, your use of the Messaging Service, or your actions are inconsistent with the spirit or letter of this Agreement. Upon termination of your Messaging Service, you agree that Phonewire may immediately deactivate or delete your account, username, or any other information stored on its servers, and/or bar further access to the Messaging Service. You agree that Phonewire shall not be liable to you or any third party for any termination of your access to the Messaging Service.