ZIP.COM ("Zip") TERMS AND CONDITIONS OF WEB SITE USE
Last updated, 20 May 2005.

Set forth below are the terms and conditions (these "Terms and Conditions") governing the Zip.com web site, wap site, media client and services, which may expand or change from time to time (the "Site"). As used herein, the term "Zip.com" refers to Zip.com, the sole owner and wireless carrier of the Site; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE SITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Services: Zip.com currently provides users with access to various mobile and online services, including various types of mobile media. You understand and agree that the Service may include advertisements or communications from our sponsors (think the Privacy Policy covers this). You also understand and agree that the service may include certain communications from Zip.com, such as service announcements, administrative messages and information about upcoming services. If you don't want to receive such information, you can opt-out from receiving such material by so indicating in your user profile in your Private Account page. All new features that augment or enhance the current Service, including the release of new Zip.com products, shall be subject to the Terms and Conditions. You understand and agree that the Service is provided "AS-IS" and that Zip.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

We do this both through our Site and by linking to web and WAP sites of companies with which we work as well as by linking to other sites we think may be useful to you. Such sites may have their own terms of use or applicable policies. Zip.com has also contracted with certain third-party suppliers to enable Zip.com to provide our Site to you.

Zip.com reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zip.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You are responsible for the following:
1. Enabling internet service (GPRS, EDGE, 1xRTT or EV-DO) on your wireless account before you place any order. You may also incur standard WAP or internet charges from your wireless carrier. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. Knowing how your handset works. Please read the instructions provided with your handset with regard to SAVING downloaded content, as well as SETTING such content. No refunds will be given if you have not followed such instructions.

3. Selecting your network and handset make and model number when Zip.com solicits this information from you. No refund will be given if such selection is incorrect. –

4. Getting permission to purchase items from the person paying the bill (e.g., credit card or wireless carrier account).

5. If you are under 18 years of age, getting permission from a responsible adult before you use the Service.

6. Making sure you enter the correct code when ordering content.

The service is currently not available to customers whose carrier and handset is not listed on the Zip.com web site.

Use of Materials Found on the Site: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Site are protected by copyright, federal and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable Zip.com program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Site, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a Zip.com server, and you may not attempt to label or "pass off" any Materials as your own work. Any computer software downloadable or otherwise available on the Site is provided subject to the terms of the applicable license agreement.

Sites Linked From the Site: Links to third-party web sites from the Site are not necessarily under Zip.com's control, and Zip.com does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. Zip.com does not investigate, monitor or check for accuracy such third-party sites and Zip.com does not intend any such links to third-party sites to imply Zip.com's sponsorship or endorsement thereof. Your use of such sites is at your own risk.

"Framing" the Site: Framing of the Site is permitted only by express agreement with Zip.com, and Zip.com may require specific measures to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to the Site or providing each user or consumer with the opportunity to visit the Site directly by, for example, including a tab labeled "Remove Frames." Zip.com reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of the Site shall not be considered a waiver of any of Zip.com 's rights. Any framing of the Site shall not imply the endorsement or sponsorship of Zip.com, Decade Mobile, or Zip.com Affiliates, as hereafter defined.

If you believe any Content and/or Name being used on the Site is in violation of your rights, you may notify Zip.com either by providing all requested information in the manner described in Nos. 1-9, below. Zip.com only shall use information provided by Complainants in accordance with its then-current Privacy Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all of the information to Content Providers. In most cases, soon after receiving written notice alleging infringement, Zip.com either will remove the allegedly infringing Content and/or Name from those pages identified or, at its election, remove those web pages.

1. Complainant's full name and if applicable, the name of the business entity represented.

2. Complainant's mailing address and if applicable, the mailing address of the business entity represented.

3. Complainant's daytime telephone number.

4. Complainant's email address, if any.

5. Description or identification of the Content and/or Name in which exclusive rights are claimed.

6. Basis for asserting ownership or exclusive rights in the Content and/or Name.

7. URL of all web pages on the Site where the Content and/or Name is known to be located.

8. Reprint the following sentence: "By submitting this notification of infringement to Zip.com, under penalty of perjury and to the best of my knowledge I attest that none of the information provided herein is false or misleading, I am the person identified in No. 1 above and I own, or I am authorized to act on behalf of the owner of the Content and/or Name."

9. Submit - (a) by email, sign electronically, then transmit to help@Zip.com; subject: "Infringement Notification;" or (b) by facsimile, sign physically then fax to 1-818-992-8145, Attention: General Counsel; or (c) by mail, sign physically then mail to Zip.com, 21135, Erwin Street, Woodland Hills, CA 91367.

Please note, until receiving notification from Content Providers and Complainants that their disputes have been resolved, it is unlikely that Zip.com knowingly will permit any Content Provider, including the Complainant, to post such allegedly infringing Content and/or the Name on the Site. Of course, Zip.com will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute.

Your Conduct: You shall use the Site for lawful purposes only. You shall not post or transmit via the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Zip.com's express prior approval, contains advertising or any solicitation with respect to products or services.

International Use: Zip.com makes no representation that Materials on this Site are appropriate or available for use in locations outside the United States of America, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations outside the USA do so at their own risk and are responsible for compliance with local laws.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Zip.com MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, Zip.com MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Zip.com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL Zip.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability: By availing yourself of the Site, Materials or related services, you agree to release and hold Zip.com, Decade Mobile and the employees, officers, directors, shareholders, agents, representatives of Zip.com, Decade Mobile, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Zip.com, any third-party providers or sources of information or data and legal advisers (collectively, "Zip.com Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Site, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Zip.com that may cause the Site or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Site, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Site, Materials or related services. In addition, you agree to defend, indemnify and hold Zip.com Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Site, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL Zip.com BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF Zip.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the USA or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties.

These Terms and Conditions are governed in all respects by the laws of the state of California, USA. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of the state of California, USA. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Zip.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Please see our Privacy Policy and FAQ’s.

These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.