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My-Mobilephone AdNetwork: Terms of Service

ACCEPTANCE OF TERMS

Welcome to My-Mobilephone AdNetwork.  My-Mobilephone Ad Network provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.My-Mobilephone.com/b/tos.shtml. In addition, when using particular My-Mobilephone Ad Network services, you and My-Mobilephone Ad Network shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

THIS AGREEMENT BETWEEN My-Mobilephone Ad NETWORK. (hereinafter referred to as "My-Mobilephone Ad NETWORK") and Account Holder (hereinafter referred to as "User")

WHEREAS My-Mobilephone Ad NETWORK provide the following services (the "Service")
1) free ad exchange, in exchange for the right to show advertisements on the user's web site at a 3:2 exchange view ratio;
2) Advertising solutions for businesses/web sites on the banner network and on other client sites for a nominal fee.

AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) My-Mobilephone Ad NETWORK and User agree as follows:

1. The Service. My-Mobilephone Ad NETWORK agrees to provide user with an account (the "Account") on the My-Mobilephone Ad NETWORK for the purpose of promoting the user's business or website (the "Site").
   
   
2. Advertisements. User agrees that My-Mobilephone Ad NETWORK has the right to place banner advertisement at the first screen fold ( within first 480 pixels at the top ) of the main page on the Site.
   User agrees:
   1. not to remove, modify or interfere with the display of these advertisements in any way;
   2. not not to try or attempt to inflate credits by robots or modification of code or any other means;
   3. to display the advertisements in their original form at all time; and
   4. that My-Mobilephone Ad NETWORK has the right to include ad impressions and click-through from the Account when accounting for total My-Mobilephone Ad NETWORK ad impressions and click-throughs.
      
      
3. Limitations. The Service is subject to the following limitations:
   1. Banner File Size. Files larger than 10 KB is not allowed, such files will be deleted automatically without notice to User.
   2. CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the My-Mobilephone server, including without limitation, use of highly active scripts for rich media advertisements.
   3. User shall not include banners, or internet links to content on the Site that contain, promote or involve any of the following:
      1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
      2. nudity or pornography;
      3. content that exploits children under 18 years of age;
      4. hate propaganda;
      5. racist, threatening, or otherwise abusive content;
      6. the promotion or incitement of, or instruction for, the commission of illegal activities;
      7. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
      8. content promoted through the sending of unsolicited e-mail (also known as spamming);
      9. warez, cracks, hacks, spam software & their associated utilities;
      10. mpeg layer two or three files (MP2 or MP3);
   4. Idem. User agrees that My-Mobilephone Ad NETWORK is not responsible for the content on pages hosted on member sites and acknowledges that My-Mobilephone Ad NETWORK does not endorse or verify any such material.
   5. Idem. User agrees to assume full responsibility for all ad banners and rich media content associated with the Account and acknowledges that User may be held legally for the contents of the Account.
   6. Backup and Monitoring. User is solely responsible for creating backups of any rich media content or ad banners associated with the Account and for monitoring the Account.
   7. Notice to Officials. If My-Mobilephone Ad NETWORK determines that law enforcement officials should be notified regarding potentially illegal content in the Account, User agrees that My-Mobilephone Ad NETWORK may provide copies of User’s ad banners or rich media content to the appropriate officials without notice to user. My-Mobilephone Ad NETWORK will cooperate with all law enforcement efforts to locate persons who have posted ad banners or rich media content that is illegal or promotes illegal conduct.
   8. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by My-Mobilephone Ad NETWORK anywhere on the site www.My-Mobilephone.com.
      
      
4. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by My-Mobilephone Ad NETWORK anywhere on the site www.My-Mobilephone.com.
   
   
5. No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
   1. My-Mobilephone Ad NETWORK makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the services or your account provided or any other services offered;
   2. My-Mobilephone Ad NETWORK is not responsible for any deletion, alteration, or loss of data due to network or system outages, data corruption, accidental deletion, or any other reasons;
   3. My-Mobilephone Ad NETWORK makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
   4. My-Mobilephone Ad NETWORK makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites or their Account and is not responsible for any errors or omissions arising from the use of such information;
   5. My-Mobilephone Ad NETWORK may also link to or include on its web resources, information provided by 3rd party partners, sponsors and providers, My-Mobilephone Ad NETWORK does not guarantee or warrant the reliability of this information nor does My-Mobilephone Ad NETWORK recommend any of these services;
      
      
6. Limitation of Liability. My-Mobilephone Ad NETWORK is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the My-Mobilephone Ad NETWORK server; or losses or damages arising from the use of the content or services provided by My-Mobilephone Ad NETWORK. For greater certainty and without limitation to the generality of the foregoing:

   (a) My-Mobilephone Ad NETWORK liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to My-Mobilephone Ad NETWORK, if any, for the prior advertisement campaign period;

   (b) in no event will My-Mobilephone Ad NETWORK be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Account or any other services or products provided to User;

   (c) My-Mobilephone Ad NETWORK, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Account;

   (d) in no event shall My-Mobilephone Ad NETWORK be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content in the Account, providing copies of User’s advertisement content to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;

   (e) In no event shall My-Mobilephone Ad NETWORK be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.

7. Indemnity. User agrees to indemnify and hold My-Mobilephone Ad NETWORK harmless from and against, and to reimburse My-Mobilephone Ad NETWORK with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by My-Mobilephone Ad NETWORK by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content in the Account or on the Site; or (iv) illegal, libelous, or defamatory content in the Account or on the Site.
   
   
8. Termination.
   1. Either of My-Mobilephone Ad NETWORK or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
   2. My-Mobilephone Ad NETWORK may terminate this Agreement, discontinue the Service and delete the Account at any time without notice to User in any of the following circumstances:
      1. User violates any term of this Agreement, any municipal, provincial, state or federal laws or regulations, or any policy or guideline set out, from time to time, by My-Mobilephone Ad NETWORK anywhere on the site www.My-Mobilephone.com;
      2. User engages in conduct that amounts to artificial inflation of credits by modifying the code provided by My-Mobilephone Ad NETWORK or employing other techniques such as robots, frequent refreshing of web pages, artificial clicks on network banners or any other means that My-Mobilephone Ad NETWORK in its sole discretion believes is harmful to other Users, the business of My-Mobilephone Ad NETWORK or any third-party;
      3. User engages in conduct or posts material in the Account that My-Mobilephone Ad NETWORK in its sole discretion believes is harmful to other Users, the business of My-Mobilephone Ad NETWORK or any third-party;
      4. there is no activity such as hits or edits in the Account for 60 days;
      5. User deletes, modifies or interferes with the display of advertisements by My-Mobilephone Ad NETWORK on the User's Site;
      6. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the My-Mobilephone Ad NETWORK server;
      7. User disputes the terms of this Agreement or any amendment set out, from time to time, by My-Mobilephone Ad NETWORK anywhere on the site www.My-Mobilephone.com
      8. My-Mobilephone Ad NETWORK receives any complaints regarding User or the Site from any other Users or third parties.
   3. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.
      
      
9. General.
   1. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
   2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the state of Mobile Phone and the federal laws of Mobile Phone and is treated in all respects as a Mobile Phone contract.
   3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
   4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by My-Mobilephone Ad NETWORK anywhere on the site www.My-Mobilephone.com constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
   5. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), and this Article 9 (General).
   6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
   7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately and the exercise of one remedy is not deemed an exclusive election of that remedy or preclude the exercise of any other remedy.
   8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

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