CellPC's Legal Policies

DISCLAIMER
All our products are distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by GoCellPC as to their performance, reliability or suitability to any given task. In no event shall GoCellPC be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. GoCellPC will aid law enforcement in prosecution of users abusing our products for malicious purposes.

DISTRIBUTION
Our products may NOT be sold or distributed in any way without prior written consent from GoCellPC.

REFUND POLICY
All sales of our products come with a 15-day money back guarantee, after which no refunds will be issued, guaranteed or promised.

PRIVACY
It is company policy that our customer databases remain confidential and private. We have not, will not, and won't ever sell names to "spammers" or other parties who would like to use our databases to advertise or solicit their products or services. GoCellPC products do not collect any information from your system other than the information required for the products successful operation. Your private information is safe with us.

SUPPORT
It is the policy of GoCellPC to offer free E-mail based technical support to all of our registered and unregistered customers.

SOFTWARE PIRACY
GoCellPC will take legal action against any users that are found to be pirating GoCellPC products. In addition, GoCellPC will report any users found pirating other products to the products developer or care-keeper.

PROTECTION OF TRADE SECRETS
By using any GoCellPC product you agree not to decompile, reverse engineer, modify or change any part of it for the reasons of discovering its internal methods or works. To do so is a violation of GoCellPC copyright protection.

COPYRIGHTS
All graphics, software, code samples, and other digital information contained on this web site, as well as software distributed over the Internet are copyright protected and owned by GoCellPC. Should you wish to use any site content, be it text information, code samples, or what have you, please contact us for permission.

AGREEMENT
By installing, running, or using any GoCellPC product or service you agree to the above Policies. In addition you agree that you will follow the GoCellPC Policies at all times when using a GoCellPC product or service.

CellPC's Term's of Service

This Agreement governs the use of CellPC (the "Service"). This service is provided by GoCellPC. In addition, you understand and agree that this service is provided on an AS IS and AS AVAILABLE basis. GoCellPC disclaims all responsibility and liability for the availability, timeliness, security or reliability of this service. GoCellPC also reserves the right to modify, suspend or discontinue this Service with or without notice at any time and without any liability to you. By agreeing to this TOS agreement you are also agreeing to our standard Legal Policy that applies to all GoCellPC services and products.

How you can use this Service
This service is made available to you for your personal or business use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of this Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. GoCellPC reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Usage
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement, including the GoCellPC Legal Policies ("Legal Policies"), located at http://www.gocellpc.com/legal.shtml, or such other URL as GoCellPC may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by GoCellPC; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Services; (iv) use the Services for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Legal Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. GoCellPC reserves the right, but shall have no obligation, to investigate your use of this Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content of the Service
GoCellPC reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of GoCellPC, its users and the public. GoCellPC will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

GoCellPC's Intellectual Property Rights
You acknowledge that GoCellPC owns all right, title and interest in and to this Service, including without limitation all intellectual property rights (the "GoCellPC Rights"), and such GoCellPC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from this Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from this Service. The GoCellPC Rights include rights to (i) the Services developed and provided by GoCellPC; and (ii) all software associated with the Services. The GoCellPC Rights do not include third-party content used as part of this Service, including the content of communications appearing on this Service.

Your Intellectual Property Rights
GoCellPC does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Service account. We will not use any of your content for any purpose except to provide you with the Service.

Representations and Warranties
You represent and warrant that (a) all of the information provided by you to GoCellPC to participate in this Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Your Privacy
As a condition to using this Service, you agree to the terms of the GoCellPC Privacy Policy as it may be updated from time to time. You agree that GoCellPC may monitor, edit or disclose your personal information, including the content of your emails/logs/account data, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the GoCellPC Privacy Policy. Personal information collected by GoCellPC may be stored and processed in the United States or any other country in which GoCellPC or its agents maintain facilities. By using this Service, you consent to any such transfer of information outside of your country.

Service Termination
You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to GoCellPC at http://www.gocellpc.com/contact.shtml. GoCellPC may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.

Indemnification
You agree to hold harmless and indemnify GoCellPC and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to our use of this Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GoCellPC will provide you with written notice of such claim, suit or action.

Choice of Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Goodhue County, Minnesota and you consent to the jurisdiction of such courts.

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Requirements

Wireless Device w/ Email
--or--

Any Device w/ Email

1MB Drive Space

An Internet Connection

Windows (All)

Most Email and Web-based Email sending is compatible with CellPC. Contact us if you want us to verify your email account works with CellPC.


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