Phone Smart Apps & Phone Smart
Designs reserves the right to terminate your Phone Smart Apps & Phone Smart
Designs account for a violation(s) of any provision of Phone Smart Apps &
Phone Smart Designs's Acceptable Use Protocol.
Services provided to you through Phone Smart Apps & Phone Smart
Designs may only be used for lawful purposes. The transmission or storage
of any information, data or material in violation of any federal or state
regulation or law (including, but not limited to, material protected by
copyright or trade secrets, and information that is confidential as a
matter of law) is strictly prohibited.
You will not transmit or store any information, data or material that is
legally defined as threatening, libelous, hateful or obscene.
You agree not to use your Phone Smart Apps & Phone Smart Designs
account to promote a competitor of Phone Smart Apps & Phone Smart
Transmission of chain letters, the conduct or promotion of gaming or
lotteries, and the conduct or promotion of any illegal activity via Phone
Smart Apps & Phone Smart Designs is strictly forbidden.
Denial of Service Attacks
Phone Smart Apps & Phone Smart Designs prohibit
any and all conduct that intends to disrupt ability of any individual,
business or machine to access the Internet ("denial of
service"). This includes, but is not limited to ICMP flooding, SYN
flooding, "smurfing", and UDP flooding.
.Forging e-mail, USENET posting or IP packet header information is
Attempts to impersonate members of Phone Smart Apps & Phone Smart
Designs's staff or any other Internet user in chat rooms, e-mail messages
or in person will result in immediate account termination.
You will make no attempts to cancel, supercede, or otherwise interfere
with e-mail or USENET posts other than your own.
Use of Servers
You agree not to run server processes (including, but not limited to, web
servers, ftp servers, IRC "bots", etc.) from Phone Smart Apps
& Phone Smart Designs accounts unless your service plan specifically
allows such use.
Unsolicited Commercial E-mail ("Spam")
You will not use an account at another provider to
promote a Phone Smart Apps & Phone Smart Designs web site or e-mail
address in an abusive manner. You agree not to conduct any activity, which
will aid in the violation of this or any other Provider's user agreement.
This includes, but is not limited to, collection of e-mail addresses for
purposes of sending unsolicited e-mail to them. You agree not to send
unsolicited e-mail messages. A message is unsolicited if it is sent to a
recipient who has not requested said message. For purposes of this
provision, merely making one's e-mail address accessible to the public
shall not constitute a request or invitation to receive messages.
You agree not to attempt to circumvent user
authentication or security of any host, network or account or to probe the
security of any host, network or account.
Phone Smart Apps & Phone Smart Designs does not condone harassment,
whether through language, frequency or size of messages or in any form,
and may suspend or terminate your account if it has been shown you have
harassed others. At the same time, Phone Smart Apps & Phone Smart
Designs does not assume any liability for harassing, libelous, slanderous,
obscene, hateful or objectionable postings made by Phone Smart Apps &
Phone Smart Designs participants.
Storage of Software
Software intended to facilitate violations of this agreement may not be
stored on Phone Smart Apps & Phone Smart Designs's machines.
Phone Smart Apps & Phone Smart Designs may, at their discretion, bill
per incident for violation of this agreement at $125 per hour for service
required to correct said violation.
You may not host materials that violate copyright
laws on Phone Smart Apps & Phone Smart Designs's servers; doing so is
a breach of this agreement and may subject you to legal liability. You
will indemnify us from all claims arising from your unauthorized use of
the copyrighted materials of others. You may not transmit, route, provide
connections for, or store material that infringes upon the copyright of
another, or use any method for circumventing a copyright protection
measure. Infringement of copyright may include any use of written,
pictorial, audio, video or graphic material without the express permission
of the author, artist, photographer, designer or other copyright holder.
For information on what may constitute copyright infringement see http://lcweb.loc.gov/copyright/circs/circ1.html.
By submitting/uploading material or other information ("Your
Contributions") to Phone Smart Apps & Phone Smart Designs's
servers, you automatically represent and warrant that you hold the
copyright in Your Contributions, or that the copyright holder of Your
Contributions has expressly granted the perpetual, royalty-free,
worldwide, non-exclusive right and license for you to use, reproduce,
modify, store, publish, create derivative works from, and distribute Your
Contribution (in whole or part) and/or to incorporate it in other works in
any medium now known or hereafter developed for the full term of any
copyright that may exist in Your Contribution, as if Your Contribution -
and you grant us the same rights to host Your Contributions on our
This list is not exhaustive. We
reserve the right to prohibit conduct which we deem, in our sole discretion, to
be harmful to individual members or damaging to Phone Smart Apps & Phone
Smart Designs's customers, and you agree to abide by any additional rules of conduct
we may adopt from time to time. We cannot, and do not intend to, screen or
monitor all communications and other material for adherence to our standards.
However, we reserve the right (but are not obligated) to review, delete or edit
any material placed on Phone Smart Apps & Phone Smart Designs. Send
complaints regarding our Acceptable Use Policy to: bob@Phonesmartapps.com.
Phone Smart Apps & Phone Smart
Designs will terminate the account of any person reasonably believed to be
infringing a copyright. If you believe a Phone Smart Apps & Phone Smart
Designs customer is violating a copyright through his or her use of Phone Smart
Apps & Phone Smart Designs, you should contact Phone Smart Apps & Phone
Smart Designs at bob@Phonesmartapps.com.
BY USING Phone Smart Apps & Phone Smart Designs, YOU ARE
ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE PROVISIONS
OUTLINED IN THIS AGREEMENT.