SERVICE TERMS FOR NOKIA MOBILE WEB SERVER

Please read through these terms before registering and using the Service. By registering and using the Service, you expressly agree to the following Services Terms.

Applicability

The terms and conditions herein (the "Service Terms") are applicable to the Mobile Web Server (“the Service”) located at http://mymobilesite.net, and the services and applications provided therein, operated by Nokia Corporation, its subsidiaries or affiliates ("Nokia") from which you have accessed these Service Terms.

Please note that if you do not agree to these Service Terms you are not allowed to register as a user of the Service, and you must immediately discontinue your use of the Service and the applications provided therein.

DESCRIPTION OF THE SERVICE

The Service enables you to make your mobile device accessible in the Internet with a web browser. With the applications in the Service, a user may e.g. create and display content, control remotely the mobile device and create own applications. Within the Service you may also register a name for your device, which will be in the form of [your_name].mymobilesite.net (“Device name”).

The Service contains applications and services which are experimental in nature, in the testing phase and not released for commercial distribution. The intention is to provide you a possibility to evaluate the applications and services and collect feedback from you.

By registering as a user of the Service and using the applications and services, you understand and agree to the following:

You understand that this Service includes experimental applications and services;
You understand that such applications or services are still in development phase and are published solely for testing and feedback purposes;
You understand that in order to be able to use the Service, your Device has to be equipped with the Mobile Web Server application available from the Service. By downloading the Mobile Web Server application, you agree to these Service Terms and the End User Software Agreement associated with the Mobile Web Server application.
You understand that the applications and services are licensed and/or made available "as is". Nokia makes no, and hereby expressly disclaims all, warranties, express, implied, statutory, or otherwise with respect to the applications and services, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose;
You understand and agree that the mymobilesite.net domain name registry and administration is not controlled by Nokia and Nokia assumes no liability for the acts or omissions of neither the registrant, nor the functioning or performance of the domain name. You understand that in the event Nokia is no longer entitled to the mymobilesite.net domain, your right to use your registered Device Name shall cease and Nokia assumes no liability in such case;
You also understand that Nokia may at any time at its sole discretion modify, suspend or discontinue the availability of the applications and services with or without notice at any time and without any liability to you.

Right to Use the Service and the Contents Thereof

If you are under the age of 16 years, you may not use and/or register as a user of the Service without direct consent from your parent(s) or other legal guardian(s).

Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents and applications in any form without the prior written permission of Nokia is prohibited except in accordance with the following terms.

Nokia consents to you browsing and accessing the Service on your computer or mobile terminal or other similar devices, as applicable, downloading applications and printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by Nokia.

The Service and the applications and the content thereof may be used solely for private, non-commercial purposes, subject to these Service Terms and any applicable laws. The use of press releases and other documents classified as "public" is permitted in public communications, provided that the source for the information is stated in such public communications.

Please note that individual applications, documents and/or services provided on the Service may be subject to additional terms, such as end-user software agreements indicated in connection with the applications, documents and/or services.

The Service may be offered in some countries only and is provided only in the English language. The services and applications provided through the Service may be specific to certain devices as informed on the Service.

Possible Fees Related to the Services

Use of some of the Site(s) and/or Services may be or become subject to a separate charge, which is then announced separately within the Site(s) and in connection with the Services.

You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and WAP browsing and other services that require the use of airtime and mobile data services. Nokia assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.

Links to Third Party Sites

For your easy accessibility Nokia may include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such third-party site, you shall review and agree to that site's rules of use before using such site.

You also agree that Nokia has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-Nokia site does not imply that Nokia endorses the site or the products or services referenced in such third party site.

Conduct in using the Service

With regard to your use of the Service and any content and information you provide to any third parties through the Service, you understand and agree that you are solely and fully responsible for any and all aspects of the information and content provided, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and Nokia shall not be liable in any way for such information or content. You understand and agree that Nokia does not have access to and therefore is not in the position to monitor any of the information or content provided by users of the Service.

You agree that you will not use the Service and the applications provided therein for any purpose that is unlawful or that violates these Service Terms. With regard to the remote management functionality provided for through the Service, you understand and agree that you are solely and fully responsible for any and all aspects of your use of the functionality, and that Nokia shall not be liable in any way for your actions. With regard to registering your Device Name, you understand and agree that you are solely and fully responsible for any and all aspects of your use of the name chosen by you, and that Nokia shall not be liable in any way for your actions. You understand and agree that Nokia does not monitor the names registered by the users.

Specifically, you agree that you will not, when registering your Device Name or using the Service and the applications:

(a) make available any information or content that violates or infringes any proprietary intellectual property rights of others, or any material that is unlawful or otherwise objectionable, racist, invasive of another person’s right of privacy or right of publicity or otherwise inappropriate due to, without limitation, its libelous, slanderous or defamatory nature

(b) you will not register with or otherwise use a false name, identity or e-mail address, impersonate any person or entity, including without limitation Nokia or its licensors' personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another user's password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of any information associated with or used within the Service;

(d) attempt to gain unauthorized access to any information, computer systems, networks, server or account not intentionally made available to you; and

(e) compromise the security or integrity of Nokia's computer systems, networks or Web Site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Service or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Service or services or another user’s use and enjoyment of the same.

(f) you will follow all applicable laws and regulations applicable to your registering your Device Name and use of the Service. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems

You agree that Nokia may, in its sole discretion and without liability to you, refuse to accept the registration your Device Name. Nokia also may in its sole discretion and without liability to you, delete the registration of your Device Name at any time or change or modify the Device Name in the event the registration of the Device Name is in breach of these Service Terms. In the event that we refuse a Device Name registration, or delete an existing registration, Nokia will not refund any fees (if applicable) nor is Nokia liable for any damages caused to you due to the modification, cancellation or revocation of your Device Name.

NOTICE PROCEDURE

Nokia respects the intellectual property of others and requires the same from you. Additionally, Nokia asks persons registering their Device Names to use good judgment and exercise discretion in choosing their names. In the event that you are aware of a user that breaches these Service Terms or of any name that infringes your or someone else's intellectual property rights or is otherwise unlawful or inappropriate, please inform Nokia of such conduct or name by completing the Form for Reporting Inappropriate Content.

In the event that you wish to inform Nokia of above-described conduct or name by any means other than by completing the Form for Reporting Inappropriate Content you agree to do it in writing or electronically in such a way that the content of the notice cannot be unilaterally altered nor that it remains available for both you and Nokia.

You agree that in your notice you shall provide Nokia in any event with the following information:

Your full name,
Your address, telephone number and e-mail address,
A specified description of the conduct or name that you find unlawful or inappropriate,
In the case of copyright infringement, a specified description of the copyrighted work claimed to have been infringed,
Your representation that the information provided by you in the notice is accurate and truthful and that you have not made any malicious misrepresentations in the notice, and, additionally, in the event that your notice concerns name you believe to infringe a copyright or other intellectual property right owned by you or some other person:
Your signature (physical or electronic),
Your statement that you have in vain requested the user that registered the name to remove or amend the name or that such user could not be identified,
Your statement that the name that your notice concerns is in your sincere opinion illegally used on the Service, and
Your representation that you are the owner of the relevant copyright or other intellectual property, or authorized to act on the relevant copyright or other intellectual property owner's behalf.

Please send notices concerning the above to Nokia at the following address:

	support-mobilewebserver@nokia.com

In the event that your notice is inaccurate, false or unfounded and this causes Nokia or other parties any possible harm, loss or damage you accept a full and sole responsibility without any additional undertakings under these Service Terms.

Feedback and other submissions by You

There may be possibility within the Service for you to actively participate. By submitting any comments, content or feedback (“Material”) to any of Nokia’s servers, for example, by e-mail or via the Service, you agree that:

(a) the Material will not contain any item that is unlawful, invasive of another person’s right of privacy or right of publicity or otherwise inappropriate due to, without limitation, its libelous, slanderous or defamatory nature and recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials;

(b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Material; and

(c) you own the Material or have the unlimited right to provide it to Nokia and you will grant Nokia worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display such Material and distribute reproduced and modified copies thereof. Nokia may incorporate the Material or any concepts described in it in its products without accountability or liability;

(d) you agree not to take action against Nokia in relation to Material that you submit and you agree to indemnify Nokia if any third party takes action against Nokia in relation to the Material you submit.

Nokia does not and cannot review the Material posted by users on its Service and is not responsible for such Material. Nokia may at any time at its exclusive discretion remove any Material submitted by you or other users.

BREACH OF THE SERVICE TERMS

In the event Nokia deems, at its exclusive discretion, that you are in whatsoever manner in breach of the Service Terms, Nokia shall take any action of whatsoever nature, as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation prevention of access and any legal action in any competent authority or court.

Specifically, Nokia has the right to terminate your right to use the Service and/or the Device Name registered by you without notice at any time for any reason at Nokia’s sole discretion and in particular, if you breach these Service Terms or use the Service unlawfully or in a way that Nokia deems inappropriate.

PRIVACY and DATA PROTECTION

Use of this Service requires registration. The data protection principles applied to the handling of your personal information are available at http://mymobilesite.net/info/privacy_policy/. Please familiarize yourself with the Privacy Policy (http://mymobilesite.net/info/privacy_policy/) prior to using the Service.

Contact Information

Nokia Corporation, Multimedia business group, P.O. Box 100, FIN-00045 Nokia Group, Finland. Business identity code [0112038-9.] You may also contact Nokia by sending an e-mail to support-mobilewebserver@nokia.com.

Indemnity

You hereby agree to indemnify, defend and hold harmless Nokia and its affiliates, contractors, subcontractors, directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your use of the Service and Device Name registration. This indemnification obligation shall survive the termination or expiration of this Agreement.

no warranties

YOU UNDERSTAND AND AGREE THAT THE APPLICATIONS AND OTHER CONTENTS AT THIS SERVICE ARE EXPERIMENTAL AND NOT RELEASED FOR COMMERCIAL PURPOSES. THE SERVICE AND THE CONTENTS PROVIDED THROUGH THE SERVICE ARE PROVIDED AS A CONVENIENCE TO YOU. THE CONTENTS AND SERVICES PROVIDED THROUGH THE SERVICE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. NOKIA DOES NOT WARRANT THAT THE USE AND/OR CONTENTS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOKIA RESERVES THE RIGHT TO REVISE THE SERVICE AND THE CONTENTS AND/OR SERVICE OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SERVICE, SERVICES, OR THIRD-PARTY SITES, IF ANY.

Limitation of Liability

NOKIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, NOKIA’S REFUSAL TO REGISTER YOUR DEVICE NAME OR CANCELLATION OR REVOCATION OF YOUR DEVICE NAME, EVEN IF NOKIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF NOKIA IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

your account, password and security

Your registration to the Service is personal and cannot be transferred. You are responsible for keeping your registration information up to date. You understand and agree that you are solely and fully responsible for any and all aspects of disclosing your user identification or password to third parties, and Nokia shall not be liable in any way for any acts or omissions of such third parties. You acknowledge that Nokia does not have information on the third parties able to access your information or content.

Only one user registration and Device Name registration is allowed per person and/or per supported device.

Actions taken during the usage of the Service and services provided therein, accessed with your valid identification or password(s), are assumed by Nokia to be taken by you, or by persons authorized by you, and thus you are personally responsible for such actions.

If your user identification or password(s) is compromised by other but your voluntary or authorized actions, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying Nokia. You can notify Nokia by accessing the Support section at support-mobilewebserver@nokia.com.

Trademarks of Nokia

Nokia is a registered trademark of Nokia Corporation. Nokia and Nokia's product and service names are either trademarks or registered trade names of Nokia. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to this Service should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Service without the prior written consent of Nokia or the third party owner thereof.

Jurisdiction AND DISPUTE RESOLUTION

The invalidity of a provision of these Service Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Service Terms or any other applicable terms and notices.

These Service Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.

You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.

Except where prohibited by applicable law, these Service Terms and any other applicable terms and notices shall be governed by the laws of Finland. In case you are a US resident the following paragraph shall apply:

All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Any and all claims, except claims for monies due to Nokia, arising out of or relating to the purchase of products, content or services by you shall be barred unless an action or legal proceeding is commenced within eighteen (18) months after the date you or Nokia knew or should have known of the facts giving rise to such claim. Any dispute relating in any way to your visit to this Site, or your content, product or service order from this Site, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between you and Nokia) to final and binding, confidential arbitration to the Dallas, Texas office of the American Arbitration Association (the "AAA"), with such arbitration to be held in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate any Nokia or Nokia affiliates' or licensors' intellectual property rights, Nokia may seek injunctive or other appropriate relief in any state or federal court in the state of Texas or, at Nokia's option, any other appropriate state or country, and you consent to exclusive jurisdiction and venue of such court. Arbitration under these Service Terms shall be conducted under the then prevailing Wireless Arbitration Rules of the AAA (except as such rules may be modified by the terms of these Service Terms), unless otherwise agreed in writing by the parties, and shall be heard by a single arbitrator. The Parties further agree that, in connection with any such arbitration proceeding, each Party shall submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim which is not submitted or filed in such proceeding shall be barred. Subject to any terms contained in these Service Terms limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator's fees and expenses, as applicable. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a class-wide basis, and no arbitration under these Service Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and Nokia.

Modification of the Service Terms

Nokia reserves the right to change or modify at any time without prior notice these Service Terms and any terms and notices applicable to individual documents and/or services provided on the Service. Nokia will notify you of such change or modification by posting an updated version of these Service Terms and/or other applicable terms and notices. You are responsible for regularly reviewing these Service Terms and other applicable terms and notices. Continued use of the Service shall constitute your consent to such changes.