Terms of Use

In the case of a registration of a mobile website account, the following terms and conditions will apply:

1. LICENSE TERMS.
1.1 You shall be granted a personal, revocable, non-exclusive, non-transferable,
non-assignable, non-sublicensable license to:
(a) use the Service; and
(b) install and use a single copy of the Software solely for the purpose of
redirecting mobile web traffic to the goMobiPlanet web site that is the subject of the
goMobiPlanet subscription through searches of the Database (the “Additional Service”).


1.2 You shall during the term of the Agreement, to the extent reasonably
possible, effect and maintain adequate security measures to safeguard the
Service, Software and Additional Service from use by any unauthorized person.


1.3 You shall not use the Service and/or the Additional Service in any way not
expressly permitted under this Agreement. This includes a prohibition on:
(a) use of the results of searches performed using the Service and/or the
Additional Service for the purposes of publication or distribution to any other
persons and/or the transfer of any information or data obtained from such into the
public domain;
(b) removing or modifying any markings on the Service or the Additional Service
including reports or any notice of IP Rights;
(c) modifying, selling, renting, leasing, transferring, assigning, disposing of,
novating, sub-licensing, transferring any of its rights to, reselling for profit or
distributing the Service and/or the Additional Service or creating derivative works
based on the Service and/or the Additional Service or any part of them;
(d) any distribution of data retrieved from the Database (or otherwise through the
Service or Additional Service) in any form (whether printed, electronically relayed,
posted to public list services or bulletin boards, magnetically stored or otherwise)
to, or for the benefit of, any other person;
(e) causing or permitting any alteration, adaptation, translation, decompilation,
disassembly, or reverse engineering of the Service and/or the Additional Service
(other than as permitted by applicable law);
(f) copying the Software (provided however that you may take such copies or
other reproductions of the Software as are strictly necessary for backup or
archival purposes) and/or the Database or creating subsets or derivative
databases from the Database in a manner not expressly permitted by this
Agreement;


1.4 You shall be solely responsible for ensuring compliance with all local laws
and regulations in relation to its website and the website content.


1.5 You shall be solely responsible for observing any applicable export and
import laws that govern its use of the Service and/or the Additional Service. In
particular, you shall not export the Software and/or the Database, or any part
thereof, directly, or indirectly, in violation of these laws, or use them for any
purpose prohibited by these laws including, without limitation, nuclear, chemical,
or biological weapons proliferation.


1.6 You shall agree that goMobiPlanet may make commercial use of data arising from
your use of the Service and/or the Additional Service.

2. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor do we make any warranty
as to the results that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the Service or that
defects in the Service will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty regarding
any goods or services purchased or obtained through the Service or any
transactions entered into through the Service. No advice or information, whether
oral or written, obtained by you from us or through the Service shall create any
warranty not expressly made herein.

3. LIMITATION OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you paid for the
initial registration of the goMobiPlanet service. goMobiPlanet and its directors, employees,
affiliates, subsidiaries, agents and third party providers, ICANN and the
applicable registries shall not be liable for any direct, indirect, incidental, special
or consequential damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the unauthorized use
or misuse of your account identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any loss of registration
and use of your domain name, website, or for interruption of business, or any
indirect, special, incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised of the possibility of such
damages.

4. PROPRIETARY RIGHTS. The Service and the Additional Service supplied by
goMobiPlanet are represented as owned by goMobiPlanet and/or its licensor and/or others
and are proprietary in nature. goMobiPlanet and/or its licensor and/or others have and
will retain all Intellectual Property rights and ownership in, and title to such
proprietary licensed software and other material in and/or comprising the Service
and/or the Additional Service.

5. TERMINATION. On termination or expiry of this agreement for any reason: (i)
the licence granted under this agreement shall immediately cease, (ii) you shall
not make any further use of the Service and/or the Additional Service, and (iii)
you must immediately remove all Software from your systems and delete any
other information, documentation, materials, equipment, property and other items
(and all copies of them in any format) belonging to goMobiPlanet or its licensors.

6. FAIR USE POLICY. In the event that the volume of traffic related to your use of
the Service and/or the Additional Service is sufficient so as to jeopardize the
provision of the Service and/or the Additional Service for other end users,
goMobiPlanet reserves the right to, at its sole discretion, permanently or temporarily,
discontinue provision of the Service and/or the Additional Service to you. For the
avoidance of doubt, the volume of traffic generated by you should not exceed
2,000 page views per day.

7. ACCEPTABLE USE POLICY. You agree that access to and right of use of the
Service and/or the Additional Service may be suspended and/or terminated if you
str found to be using the Service and/or the Additional Service in association with
activities which may be detrimental to goMobiPlanet' or SiteOnMobiʼs interests or
reputation, such as in association with unsolicited commercial email (“spam”) or
morally objectionable activities. Morally objectionable activities will include, but
not be limited to: activities designed to defame, embarrass, harm, abuse,
threaten, slander or harass third parties; activities prohibited by the laws of the
territories in which you transact your business; activities designed to encourage
unlawful behaviour by others, such as hate crimes, terrorism and child
pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy
of a third party, racially, ethnically, or otherwise objectionable; activities designed
to impersonate the identity of a third party; and activities designed to harm minors
in any way. In the event that access to and right of use of the Service and/or the
Additional Service by you is suspended and/or terminated for spam or morally
objectionable activities, no refund shall be due to the you.

8. DOMAIN TRANSFERS. Should a domain to which services are being provided
under this agreement be transferred to another domain name registrar, the
provision of the Service and/or the Additional Service will be interrupted for that
domain, and the Service and/or the Additional Service will not be restored until
the necessary DNS records are made to refer the domain to the Service.

9. UPDATES. You acknowledge that updates to the Service and/or the
Additional Service will take place from time to time (the “Updates”). Updates are
generally designed to improve, enhance and further develop the Service and/or
the Additional Service and may take the form of bug fixes, enhanced functions,
new capabilities and completely new versions, and may include, but are not
limited to, items such as advertising, links to third party offerings, and other
promotional content. goMobiPlanet shall incorporate Updates at it absolute discretion
and you agree to receive such Updates on the above terms as part of its use of
the Service and/or the Additional Service.