ONLINE MEMBER AGREEMENT

Orange Pocket Online Member Agreement

In this document "Orange" "We" "Us" refers to Orange Personal Communications Services Limited of St James Court, Almondsbury Park, Great Park Road, Bradley Stoke, Bristol, BS32 4QJ and "You" "Your" refers to the subscriber of Orange Internet. This Online Agreement is a legal document detailing Your rights and obligations as an Orange Internet member as the online account holder and those of Orange as the provider of Orange Internet services to UK subscribers. Orange Internet services means access to the internet provided by Orange Internet services network, together with the www.orange.net (i.e. the website operated by Orange together with the Orange Multimedia Services search facilities, directory services, personal web space, email, personal diary, news groups and other internet services provided by Orange from time to time) and www.orangepocket.com.

Once You have completed the online registration process You become an Orange Internet online account holder. This Online Agreement applies to the Orange Internet standard account irrespective of the country of issue. Orange may at its sole discretion revise this Online Agreement without notice. Orange reserve the right to vary the terms of this Online Agreement from time to time, such variations becoming effective immediately upon posting of the varied Online Agreement on www.orangepocket.com. By continuing to use the Orange Internet services You will be deemed to accept such variations. If You do not agree to those changes You can terminate Your Orange Internet account by contacting Customer Services by email at customer.services@orange.co.uk, or writing to Orange ISP Customer Services, PO Box 10, Patchway, Bristol, BS32 4QJ.

You agree that You will use the Orange Internet services in such a way as to also ensure compliance with all applicable laws and regulations.

Up to date copies of this Online Agreement can be found at www.orangepocket.com.

1. Personal Data

1.1. "Personal Data" is any data that identifies You or Your Orange Internet account. The Personal Data which You supply to Us You agree will be true, complete and accurate in all respects and You agree to notify Us immediately of any changes to that information within www.orangepocket.com and, if you have also registered on www.orange.net, within the My Profile area of www.orange.net. We will deal with Your Personal Data in compliance with the current UK data protection legislation. Please note this applies only to Orange Internet not to other companies' or organisations' websites to which We link.

1.2. Personal Data will be collected, processed and used by Orange for the purposes of providing the Orange Internet services to You and the other purposes mentioned below. International Computers Limited, a limited company registered in England and Wales, provides customer support services for the Orange Internet services. To carry out this function, Orange may need to provide access to Your Personal Data to this company. Your Personal Data may also be provided to Independent I.P. Exchange Limited trading as UUNET, a limited company in England and Wales, for the purpose of administering the Orange Internet services and providing management and marketing information. Personal Data may also be processed and used by such other organisations on our behalf (including but without limitation, PocketThis) for the purpose of providing Orange Internet services to You. The use of information will remain under the control of Orange at all times.

1.3. We encourage You to tell Us what Your preferences are for using Your Personal Data for marketing purposes. At this time By agreeing to these terms and conditions You are agreeing that Your name and address may be disclosed to third party suppliers of goods and services who may use it to market their products and services to You.

1.4. We only send email and text messages to You about new products and services which We consider may be of interest to You only if You have given Us permission to do so.

1.5. We may collect Personal Data about Your usage of the services on www.orange.net and/or www.orangepocket.com in order to provide a service to meet Your needs. However the data will only be disclosed on an anonymous and aggregated basis not in a way in which You will be identified.

1.6. We may hold Personal Data relating to the transactions You enter into with Us or others through Orange Internet such as an online seller. We will disclose Personal Data to a party to the transaction, but only to assist Your transaction. We may use Personal Data to let You know about products and services that may be of particular interest to You.

1.7. When You call the customer support helpline or Customer Services We may monitor or record Your calls for training purposes in order to track reported problems and ensure Your customer service needs are met. We may also need to provide certain Personal Data to the regulatory body currently ICSTIS regulating premium line services for the purpose of their assessing our compliance with relevant permissions and guidelines.

1.8. You agree that for the purposes of providing Orange Internet services to You it may be necessary for Your Personal Data to be passed by Us or other organisations involved in providing Orange Internet related companies outside the European Union.

1.9. To correct or inspect Personal Data You can visit www.orangepocket.com and, if you have also registered on www.orange.net, you can visit the My Profile area of www.orange.net, this will not amend Your Orange billing address. To amend Your Orange billing address contact Customer Services on 150 from Your Orange phone. If You have any questions about the handling or protection of Your Personal Data or Your rights under this Online Agreement please contact Customer Services by writing to PO Box 10, Patchway, Bristol, BS32 4QJ.

1.10 Orange may disclose Your Personal Data acting in good faith if it believes such action is necessary: to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of Orange Internet, enforce this Online Agreement, act to protect the interests of its online account holders or others.

1.11 Orange Internet contains links to other sites. Please be aware that Orange is not responsible for the privacy practices of such other sites. Orange encourages You to be aware when You leave www.orange.net and/or www.orangepocket.com and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies only to information collected by www.orange.net and www.orangepocket.com.

1.12 In order for Orange to fulfil its Orange Pocket service obligation to You, it is necessary for Orange to supplement the information it receives with information from third party sources. For example, if You request driving directions, Orange share location and destination information with its partners to create location-appropriate directions, as You have requested. Once You have notified Orange that You have finished with the directions, they are not saved upon any servers used to provide Orange Pocket.

1.13 Cookies

1.13.1 Some websites store information in a small text file called a "cookie," on Your hard disk. Cookies contain information about You and Your preferences. For example, it might contain a record of which pages within the site You visited, to help the site customise the view for You the next time You visit.

1.13.2 Only the information that You provide, or the choices You make while visiting a website, can be stored in a cookie. For example, the site cannot determine Your email name unless You choose to type it. Allowing a website to create a cookie does not give that or any other site access to the rest of Your computer, and only the site that created the cookie can read it.

1.13.3 Orange will only use the cookies created to personalise and secure Your experience. What this means is that when You use the site Orange will be able to keep certain settings for you for when You return. It also means that You do not need to pass security details on every screen as We store them for You during the time You spend browsing our site, these cookies are deleted when You leave.

2. Your Orange Internet account

2.1. These terms and conditions contain Your entire Online Agreement with Orange relating to Your use of the Orange Internet services. However terms and conditions may apply if You use other services for example "my account" or Orange Pocket provided by Orange Internet services. Such terms and conditions shall be additional to this Online Agreement. Where there is a conflict between this Online Agreement and those terms and conditions relating to Orange Internet services this Online Agreement will prevail.

2.2. Orange will use its reasonable endeavours to ensure that the information contained on www.orange.net is correct at the time of publication. Orange reserves the right to make subsequent changes to it and Orange Internet services may be modified, supplemented or withdrawn.

2.3. You are responsible for maintaining the confidentiality of Your Authorisation Code and User Name and Password and Phone Verification Code You choose or were given at registration in relation to www.orange.net and/or Your Password and Confirmation Code in relation to www.orangepocket.com. Accordingly You are fully responsible for all activities which occur using that Authorisation Code and User Name and Password and Phone Verification Code in relation to www.orange.net and/or Your Password and Confirmation Code in relation to www.orangepocket.com. You must notify Us immediately of any unauthorised use of which You become aware. You will notify Us and change any Password which You believe may have been compromised.

2.4. You must inform Us immediately if You have any reason to believe that any Authorisation Code, Confirmation Code, User Name and Password and Phone Verification Code has become known to someone not authorised to use it or if any Authorisation Code, Confirmation Code, User Name, Password and Phone Verification Code is being or is likely to be used in an unauthorised way.

2.5. If We have any reason to believe that there is likely to be a breach of security or misuse of the Orange Internet service We may change Your Authorisation Code, Confirmation Code, User Name, Passwords or Phone Verification Code and notify You accordingly.

2.6. If You forget any Password in relation to www.orange.net, by contacting Orange Customer Services by phone on 439 or 439 from Your orange phone or 0906 7162626 and satisfying the security checks We operate, You will be given a new Password to enable You to use www.orange.net. Calls to 438 are free unless You are transferred to an Operator when calls will be charged at 50p per minute. Calls to 439 and 0906 7162626 will be charged at 50p per minute at all times. If You forget any Password in relation to www.orangepocket.com , by contacting Orange Customer Services by phone on 156 from Your orange phone or 07973 100156 and satisfying the security checks We operate, You will be given a new Password to enable You to use www.orangepocket.com.

2.7. We suggest that You change Your Password regularly.

2.8. Orange reserves the right to suspend or cancel any online account at its sole discretion. The details provided by You on registration are important. You confirm that the information You supply to Us when You register on line for the services is true, complete, and accurate in all respects, and You agree to notify Us immediately of any changes to that information by updating Your registration details on www.orangepocket.com and, if applicable, at the My Profile area on www.orange.net.

2.9. You are responsible for obtaining the equipment and paying all telephone charges necessary to access and use Orange Internet. You are also responsible for making Your own back-up arrangements.

2.10. Any decision made by Orange in relation to the services provided, and this Online Agreement will be final.

2.11. To enable You to make use of Orange Internet, You are responsible for ensuring that :

2.11.1. Your computer and modem hardware is kept fully operational and;

2.11.2. Your software is kept virus free.

2.12. If Your PC, laptop computer, Personal Digital Assistant or other equipment used to access Orange Internet does not support relevant technology including but not limited to encryption You may not be able to use certain services or access certain information on Orange Internet.

2.13. You will be charged for any call time/data usage at applicable standard Orange price plan rates. Orange reserves the right to introduce additional charges. Such charges will be notified either electronically, in writing, or by national press.

2.14. In order to improve security We reserve the right to refuse access to Orange Internet or alternatively to prevent submission of content to Orange Internet, if Your caller line identification is blocked or the telecommunications provider You are using is unable to pass on this information.

2.15. We provide the answers to many frequently asked questions relating to Orange Internet services within the help area of www.orange.net and, in relation to Orange Pocket, within the frequently asked questions menu of www.orangepocket.com. It is advisable to consult this area before contacting Orange Internet customer support helpline or Customer Services by email with specific questions. In the event that frequently asked questions does not solve Your query We provide a telephone helpline which is available 24 hours a day 7 days a week on 438 or 439 from Your orange phone or 0906 7162626 in relation to www.orange.net or, 156 from Your orange phone or 07973 100156 in relation to www.orangepocket.com. The staff are available to give assistance to resolve technical problems or other queries relating to Orange Internet and for assistance in relation to Orange Pocket. Alternatively You can contact Customer Services via email on customer.services@orange.co.uk or by writing to Orange ISP Customer Services, P O Box 10, Patchway, Bristol BS32 4BQ. Alternatively Your can contact Customer Services via our feedback form which is located under Contact Orange Support in the help section of www.orange.net. Calls to the customer support helpline 438 are free unless You are transferred to an operator when calls will be charged at 50p per minute. Calls to 439 and 0906 7162626 are charged at 50p per minute. You are responsible for paying all such charges which will appear as an item on Your bill from Your telephone provider.

3. Orange Internet Acceptable Use online and content

3.1. Content (information, communications, images and sounds contained on or available through www.orange.net and/or www.orangepocket.com) is provided by Orange, its affiliates, independent content providers, third parties and online account holders of Orange Internet. Orange does not generally pre screen content available through Orange Internet but reserves the right to remove or filter any that does not meet with its standards.

3.2. You are responsible for managing Your experience of Orange Internet services or other services available through www.orange.net or through www.orangepocket.com using Your online account whether or not accessed by You. Where children use Orange Internet You should ensure they are supervised by an adult.

3.3. Orange Internet services and content are provided without any specific guarantees or warranties.

3.4. You acknowledge that We have no control over and We exclude all liability for any material on the Internet which can be accessed by using the Orange Internet. Neither can We be deemed to have endorsed the content. We reserve the right to block or filter access to areas on the internet which may contain illegal or harmful content or which may be used for purposes which are detrimental to Orange, Orange Internet services or online account holders or users .

3.5. Orange Internet may be used to link to other websites. You agree to comply with the Acceptable Use Policies of those websites. You also agree to comply with Internet protocol and standards.

3.6. Orange will use its reasonable endeavours to maintain Orange Internet in a fully operating condition. It is not responsible for the results of any defects that exist in Orange Internet. You should not assume that Orange Internet or its content is error free or that it will be suitable for the particular purposes that You have in mind when using it. Orange may, at its sole discretion and at any time, modify or discontinue Orange Internet, limit, terminate or suspend Your use of access to Orange Internet or any part of it and/or make changes to this Online Agreement or any other terms and conditions relating to specific services offered by Orange Internet services.

3.7. You agree that the material and content contained within or provided by Orange Internet is for Your own personal use only and may not be used for commercial purposes or distributed commercially.

3.8. You may not mirror any material contained on Orange Internet or other parties' websites on any other server.

3.9. You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to Orange or any of its customers or users of the Orange Internet or any other person by any means including the use of Orange Internet for persistently sending unsolicited communications without reasonable cause. You agree not to use Orange Internet to transmit or post any material which is defamatory, offensive or of an obscene or menacing character or which may in our judgement cause nuisance, annoyance, inconvenience to Orange, or any of its online account holders or any other person or which is illegal.

3.10. You agree not to use Orange Internet or the services made available to You on or via Orange Internet such that You would cause the whole or part of Orange Internet or such services to be interrupted, damaged, rendered less efficient or impaired in any way

3.11. You agree not to use Orange Internet services for any improper, immoral, fraudulent or unlawful purposes or to send receive upload download use or reuse any material which is offensive, abusive, indecent, defamatory, obscene, or menacing.

3.12. You must tell Us immediately if anyone makes or threatens to make any claim or issue legal proceedings against You relating to Your use of the service or the content and You will at our request immediately stop the act or acts complained of. If We ask You to, You must confirm the details of the claim in writing.

3.13. Email and diary alerts (which are part of the www.orange.net service) which send a text message alerting You to receipt of an email or of any event will be free however to ensure availability of Orange Internet service to all our customers We may request very high users of free diary and email alerts to reduce their usage of these alerts. If usage continues at a very high level then We may remove email and diary alerts from You or charge You for each email and diary alert. You will lose the right to obtain free email and diary alerts in the future. We currently define very high usage of email and diary alerts as 250 alerts a day or more. These levels are subject to change by posting the new levels on www.orange.net. We reserve the right to charge for email and diary alerts in the future by giving You reasonable notice. You should be aware that whilst using Your phone abroad certain partner networks might charge You to receive text messages on their network.

3.14. Email and text messaging:

3.14.1. When You complete the registration process and become an online account holder of Orange Internet within www.orange.net, Orange grants You a non exclusive licence for the time You hold an online account with Orange Internet to use the email address selected by You (and confirmed by Orange as accepted for Your use with Your online account) during the registration process to become an Orange Internet online account holder within www.orange.net. Emails addressed to the email address chosen by You under Your account will be delivered to a single mailbox. You may not use an email address that is in breach of someone else's trade mark rights, or vulgar or offensive or used in breach of this Online Agreement. You agree not to create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message. Orange reserves the right to require You to choose an alternative email address at its sole discretion. It is Your responsibility to ensure that Your email address and online account Password remain confidential. Orange staff will never ask You for Your Password.

3.14.2. Your online accounts may not be used to send unsolicited bulk email or text messages. You may not use Orange Internet services to collect information including email addresses, about Orange Internet account holders or others. If You have received unsolicited email or text messages and want to report it simply use the "forward" button on the email screen and send it to customer.services@orange.co.uk. In respect of unsolicited text messaging call Customer Services on 438 or 439 from you orange phone or 09067162626 or write to Orange ISP Customer Services, P O Box 10, Patchway, Bristol BS32 4BQ. Calls to the customer support helpline 438 are free unless You are transferred to an operator when calls will be charged at 50p per minute. Calls to 0906 7162626 or 439 are charged at 50p per minute. In respect of emails and text messaging Orange may take such action as it considers fit to block or limit the sending of unsolicited bulk emails or text messages through Orange Internet.

3.15. Free Web Space

3.15.1. Registration within www.orange.net provides You with use of web space free of charge. Your use of the web space indicates Your acceptance of these additional terms and conditions. The maximum amount of web space per www.orange.net online account is 15Mb, and the maximum amount of storage space in your Orange Pocket is limited to 2 Mb. You are subject to the terms of this Online Agreement when using Your discretion to fill the web space. The customer support service referred to in 2.16 of this Online Agreement shall include advice and support in accessing Your free web space. Orange will not give advice in relation to content or design of Your web space.

3.15.2. You are responsible for the back up arrangements relating to Your free web space. Orange will not be responsible for loss of data if You fail to back up any data on Your web space. You are responsible for any content You use to fill the web space Orange provides to You.

3.15.3. Notwithstanding anything to the contrary in this Online Agreement You may at Your own risk use the free web space for business or commercial advertising. You may not sell products or services directly over Your free web space. You are responsible for any content placed in Your free web space whether or not placed there by You or another person. You agree no content on the web space will be obscene, illegal, menacing, or in breach of any other person's rights.

3.16. Newsgroup Areas

3.16.1. If You access, use or contribute to any newsgroup areas on the Orange Internet service You agree to those additional terms in respect of Your use of these areas. You agree not to cause nor knowingly allow others to cause any distress, nuisance, inconvenience or annoyance. No content or language contributed in the Newsgroup areas must be obscene, illegal, menacing, or in breach of any other person's rights or which has an adverse effect on the tone or atmosphere of the dialogue taking place.

3.16.2. You must not act in a way which causes or is intended to cause disruption to the newsgroups or the dialogue in such newsgroups including but not limited to bombarding the areas with email or files which in our opinion cause nuisance or annoyance to others. You may use nicknames but must not impersonate another person or member of Orange staff or hold Yourself out as being a member of Orange staff or a person authorised by Orange.

3.16.3. We do not undertake to monitor any behaviour taking place within the newsgroup areas nor to remove any conduct or content in breach of these terms. The content, statements and opinions appearing in newsgroup areas are not endorsed by Orange. Nor will Orange be liable for the accuracy or completeness of the content.

3.16.4. If You breach these terms whilst in a newsgroup area Orange may give You a warning or exclude You from the newsgroup or terminate Your Orange online account.

3.17. Orange Internet systems and network

3.17.1. You may not avoid user authentication or security of any host, network or online account (referred to as "cracking" and "hacking") nor interfere with service to any online account holder of Orange Internet host or network (referred to as "denial of service attacks").

3.17.2. Violations of Orange Internet systems or network security are prohibited, and may result in criminal or civil liability. We will investigate incidents involving criminal, system or network security violations, and will cooperate with law enforcement, and other relevant regulatory and enforcement bodies in such investigations. Examples of system or network security violations include but are not limited to:-

3.17.2.1. unauthorised access to or use of data, systems or networks including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authorisation measures without the express authorisation of the owner of the system or network;

3.17.2.2. unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network;

3.17.2.3. interference with service to any online account holder, user of Orange Internet, host or network including without limitation, which in our opinion amount to mailbombing, flooding or deliberate attempts to overload a system and broadcast attacks;

3.17.2.4. forging of any TCP-IP packet header or any part of header information in an email or a newsgroup posting.

3.17.3. If approached with complaints relating to any of the above violations We will cooperate and assist the police and law enforcement and regulatory bodies with their investigations in order to bring such misuse and violations to an end.

4. Intellectual Property Rights

4.1. The content of Orange Internet is owned by Orange and others. The content is protected by copyright, trademarks and other intellectual property rights. The contents of Orange Internet cannot be reproduced, modified, transferred, distributed re-published, downloaded, posted, transmitted or stored in any form or by any means including but not limited to electronic mechanical photocopying or recording nor any derivative work created from the content without the prior written consent of Orange Personal Communications Services Limited. Breach of this term can lead to termination of Your Orange online account and may breach the criminal law of the UK. Content owners may institute civil or criminal proceedings against You. In that event You will be required to indemnify Orange and others against liabilities which may result (see section 6, Indemnity)

4.2. Orange and Wirefree and any other Orange product or service name referred to on Orange Internet are trademarks of Orange Personal Communications Services Limited.

4.3. You agree to only make authorised uploads and downloads of content through Orange Internet. You further agree that all content You transmit over the Orange Internet must be Your own or You must be authorised expressly to distribute it through Orange Internet.

4.4. By submitting any content or material to or through Orange Internet You are representing You are fully entitled to do so. You do so in the knowledge that Orange may copy, modify, distribute or create a derivative work from that content in any form. You warrant that the content or material is fit for these purposes and agree to indemnify Us in accordance with Section 6 Indemnity. You warrant and grant to Orange a non exclusive licence to copy, modify, distribute, create a derivative work from that content or material or make use of any concepts described in the content in our products or services without liability and You agree not to take action against Us in relation to it. You also grant Orange Internet account holders the right to use such content for personal, non-commercial purposes.

5. Warranty and Liability

5.1. Orange Internet services and content are provided without any specific guarantees or warranties. Orange does not warrant or represent that You will be able to access Orange Internet services at any time or from any location of Your choosing or that there will be adequate capacity for Orange Internet services in whole or in part.

5.2. It is a condition of Us allowing You access to the information on Orange Internet that You accept We will not be liable for any action You take relying on the information on this website. Orange will not be liable if Your use of materials or information from Orange Internet results in the need for servicing, repair or correction of equipment or data, You assume any costs relating to the above. Orange reserves the right to charge for access to certain information.

5.3. Orange do not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data, or consequential losses arising from Your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time. Orange may suspend or vary the whole or any part of the service offered by Orange Internet for any reason at any time at our sole discretion.

5.4. Orange excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any information and the value and integrity of goods and services offered by third parties over Orange Internet. In using content and areas provided by third parties You may be required to agree to additional terms and conditions. Orange will not be a party to any resulting contract.

5.5. Your dealings with an interest in promotions, services or other parties found on or via Orange Internet unless explicitly stated by Us are solely between You and the person with whom You are dealing. Should any dispute arise We will do our best to help You resolve the issue but We will not be responsible for any losses, costs, expenses or damages that may arise from such dealings.

5.6. Orange shall not be responsible for any use You make of Orange Internet services or any charges that You incur with any third party except as documented in a separate written agreement for any software running on Your equipment. You indemnify Orange against the effects of any misuse or any claims resulting from that misuse.

5.7. Orange will not be liable to You for any losses You suffer if We are unable to provide my account to You because of any factor outside our control including but not limited to technical breakdown, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction. You may be able to reduce Your loss by telephoning Us instead.

5.8. Orange accepts no liability for loss whether indirect business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data, or for any indirect or consequential loss whatever occurring as a result of using Orange Internet.

6. Indemnity

6.1. To the extent to which Your use, or the use by any person authorised by You or for whom You are responsible (e.g. as parent or guardian of a child) causes loss or damage to any person, You agree to indemnify Orange immediately on demand in relation to any such losses or damages attributable to Orange including where necessary any legal, administrative or technical charges that may arise from such use.

7. Law

7.1. This Online Agreement and all other legal relationships between You and Orange shall be governed by and construed in accordance with English law and are subject to the exclusive jurisdiction of the English Court.

7.2. If any part of this Online Agreement shall be held to be invalid or unenforceable this shall not effect the enforceability of any other provisions of this Online Agreement.

8. Termination

8.1. At any time after We have commenced to provide You with the Orange Internet services this contract as amended from time to time may be terminated by either You or Orange. If You do wish to end the Online Agreement for the provision of Orange Internet services, You will need to notify Orange by giving 14 days notice to terminate the service either by email at customer.services@orange.co.uk or in writing to: Orange ISP Customer Services, P O Box 10, Patchway, Bristol BS32 4BQ. If You breach this Online Agreement Orange at its sole discretion has the right to suspend or terminate Your online account without notice or refund or to block access to the relevant service, or to issue a warning to You in respect of the breach. Generally Orange will only terminate without notice if the breach of this Online Agreement is a material breach. A material breach will arise where applicable laws or third party rights have been breached, or Your behaviour has adversely affected a person's interest or another online account holder's use or Orange Internet services. Examples include but are not limited to:

8.1.1. online behaviour or distribution of content which is in breach of the criminal law or a person's rights

8.1.2. sending of unsolicited bulk emails or text messages

8.1.3. conduct which may affect Orange's ability to provide all or some of the Orange Internet services.

8.2. Orange may decide in its discretion to suspend Your online account or issue a warning to You instead of terminating Your online account immediately. If We suspend Your online account We may not restore it until We receive an acceptable written assurance from You there will be no further contravention. Examples of behaviour which Orange may decide to treat in this way include but is not limited to online behaviour which causes annoyance but which is Orange's opinion is not serious or intentional. Any subsequent breach will entitle Orange to terminate Your online account(s).

8.3. Your sole right and remedy against Orange Internet services including if You are unhappy with any term of this Online Agreement, any changes to this Online Agreement, or Your ability to access or use Orange Internet services is termination of Your online account.

8.4. This Online Agreement may be cancelled by Orange together with Your online account if You fail to log on to Orange Internet at least once in any 90 day period.

8.5. The consequences of termination of Your Orange Internet account are as follows: deletion of Your email addresses, emails, calendar, web space, access to "my account" services, and any other service You may have stored on the Orange Internet. You have no rights in Your email address after termination or cancellation of Your online account.

8.6. Orange may terminate this Online Agreement at any time in whole or in part with immediate effect if:

8.6.1. You fail to comply with any terms of this Online Agreement or if any information supplied by You to Orange is false or misleading.

8.6.2. You become insolvent within the meaning of section 123 of the Insolvency Act 1986 or if We believe You are unable to pay for the network services provided to You.

9. Miscellaneous

9.1. Except as otherwise stated You must send Us notice in one of the following ways:

9.1.1. by post to Orange ISP Customer Services, P O Box 10, Patchway, Bristol BS32 4BQ;

9.1.2. by email from Your Orange Internet account to customer.services@orange.co.uk

9.2. Email notice will be deemed given 2 days after date of delivery. Postal notice will be deemed to have been given 2 working days (Monday to Friday, UK Bank Holidays excluded) after proven despatch by first class recorded delivery post.

9.3. Orange may be required to give You notice about important matters from time to time. Notice will be given either by email, letter or via Orange Internet. Email notice will be sent to Your registered email address on www.orange.net, if available. Postal notice will be sent to the address You provided to Us on registration or such changed address, if available. You notified to Us in the My Profile section of www.orange.net. Please note to change an address for billing purposes You will need to contact Customer Services on 150 from Your Orange phone.

9.4. Orange Internet reserves the right to assign or subcontract any of its rights or obligations under this Online Agreement. You may not without the prior written consent of Orange assign this Online Agreement.

10. Terms and Conditions relating to the use of "my account" on the www.orange.net

10.1. Link to "my account" on the www.orange.net

10.1.1. The my account services are currently available to monthly billed service plan customers who hold an Orange account for telephone services.

10.1.2. You will need to have appropriate computer hardware and software and they need to match what We say will be compatible with our system to enable You to use my account on www.orange.net.

10.1.3. my account is only available in the UK in order to protect You from possible breaches of foreign law relating to the use of encrypted data.

10.1.4. To enable You to use my account after 31st December 1999, You need to ensure that Your computer hardware and software are year 2000 compliant and able to perform and function correctly notwithstanding the date change.

11. Fees and Charges

11.1. Certain Orange Internet services generate text messages to the customer's Orange phone. Orange will charge the Customer for each text message received on their Orange handset. The charges will appear on their Orange bill or, if applicable, will be deducted from the credit available on your Orange phone. Details of charges for text messages generated by use of Orange Internet services can be found on the "about me " section of help on www.orange.net.

11.2. Orange reserves the right to introduce a charge for other services for Orange Internet. Such charge will be notified either electronically, in writing, or by national press.

12. Security

12.1. In order to access Orange Internet, You will be required to create user name (or, in relation to www.orangepocket.com, you will be required to provide your Orange phone number) and Password. You will select Your own Passwords. You are responsible for the security and proper use of all these Passwords and must take all necessary steps to ensure that all these Passwords are kept confidential, used properly, and NEVER disclosed to any other person.

12.2. You are responsible for ensuring that there is no unauthorised access to Your account. You will be entirely liable for all activities conducted through Your account whether authorised by You or not.

12.3. You must inform Us immediately if You have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way.

12.4. If We have any reason to believe that there is likely to be a breach of security or misuse of the service We may change Your Passwords and notify You accordingly.

12.5. If You forget any Password, by contacting Orange Customer Services by phone, email or in writing and satisfying the security checks We operate, Your will be given a new Password to enable You to use my account.

12.6. We advise You to change Your Password regularly.

13. Use of Orange Internet

13.1. We advise You set appropriate filters to control the subject matter and senders of incoming messages. It is Your responsibility to filter notifications of emails and diary events sent to Your Orange phone.

13.2. "my account" is intended to allow You to give Us instructions regarding Your account(s) with Us on www.orange.net.

13.3. You agree not to use my account for any improper, immoral, fraudulent or unlawful purposes or to send receive upload download use or reuse any material which is offensive, abusive, indecent, defamatory, obscene, or menacing.

13.4. You agree to comply with any reasonable instructions issued by Orange which concern Your use of the service and co-operate with Orange in our reasonable security and other checks.

13.5. If anyone uses Your account with or without Your knowledge or approval in contravention of paragraphs13.3 and 13.4 above We can treat that contravention as a breach by You of the contract for the purposes of my account.

13.6. Orange may act on any instruction received using a valid Orange Internet user name and Password. Orange will not be obliged to reverse or adjust any instruction or action taken resulting from the instruction. You will be responsible for any charges incurred as a result of that instruction whether or not it was given or authorised by You.

13.7. Orange may decline to act on an instruction relating to my account if the transaction is outside the scope of Your authority to use my account by Orange, or if a transaction exceeds a particular value, or if Orange know of or suspect a breach of security.

13.8. Instructions received after 3.30pm on a working day or on a day which is not a working day may not be acted upon until the next working day. Working day excludes all Saturdays and Sundays and all public holidays in England and Wales.

13.9. An instruction given by You will not necessarily be acted upon simultaneously. It may take some time for certain matters to be processed. Any electronic message received is treated like any other written communication and may not be dealt with immediately.

13.10. If We suspend Your use of the service for contravention of any of paragraphs 13.3, 13.4 and13.5 above We will not restore it until We receive an acceptable written assurance from You that there will be no further contravention.

14. Your liability to Orange

14.1. You must comply with all these terms and conditions particularly Your obligations under clause 3 above relating to security and You must inform Us immediately if there is any suspected or actual breach.

14.2. You must notify Us immediately if You become aware of any error or suspected error in my account or any transaction relating from the use of it. You should check Your records of transactions and invoices carefully.

14.3. You will be liable to Us for any loss We suffer as a result of any breach by Your of these terms and conditions but except as stated below Your liability is limited to payment of all outstanding charges due in accordance with the provisions of this Agreement and Your airtime contract.

14.4. You will be liable to Us without limit if You have been grossly negligent or fraudulent.

15. Orange's liability to You

15.1. Orange will not be liable to You for any loss You suffer as a result of Us acting on an instruction as mentioned in clause 13.6 above except so far as We are grossly negligent.

15.2. Orange will not be responsible for any misuse of my account by You or anyone else nor for any disclosure of confidential information where You have failed to take reasonable precautions to maintain the security requirements relating to Your account.

15.3. Orange accepts no liability for loss whether indirect business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data, or for any indirect or consequential loss whatever occurring as a result of using my account.

15.4. Subject to conditions 15.1 and 15.3 above Orange limits their legal liability up to a maximum of three thousand pounds per claim or a series of related claims for any loss or damage which is :-

15.4.1. Direct financial loss;

15.4.2. Direct physical damage to or loss of property resulting from our breach of these terms and conditions or negligence while providing my account.

15.5. Orange will not be liable to You for any losses You suffer if We are unable to provide my account to You because of any factor outside our control including but not limited to technical breakdown, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction. You may be able to reduce Your loss by telephoning Us instead.

15.6. Neither party excludes liability for death or personal injury caused by their negligence.

16. Changes to "my account"

16.1. We may suspend or vary the whole or any part of "my account" for any reason at any time at our sole discretion.

17. Third Parties

17.1. You should not disclose Your Passwords, user names or authorisation codes to any other person including a person You wish to grant third party access rights to Your account. You should still maintain the security arrangements on Your account.

17.2. Any third person You want to have access to Your account will be bound by these terms and conditions and will be required to have their own security arrangements.

17.3. You will be able to terminate any third party access You have granted to Your account by giving Us 14 days notice either by phone, electronically or in writing.

17.4. Any changes or additional charges incurred as a result of changes requested by a third party who has been granted access rights to an account by an account holder will be binding on the account holder.

18. Terms & Conditions relating to use of Orange Mail via WAP

18.1. WAP phone customers must first register at www.orange.net in order to use their Orange Mail account via WAP. Use of www.orange.net and Orange Mail are not exclusive to Orange phone customers but email accounts can only be accessed by UK mobile phone customers of prepay or contract mobile phones with WAP capability.

18.2. Use of Orange Mail via WAP is subject to acceptance of these terms and conditions and the Online Member Agreement as set out on the Orange Internet website. Orange Mail via WAP is an Orange service for the purposes of the Online Member Agreement.

18.3. Orange will use all reasonable endeavours to ensure that there is secure access via WAP to www.orange.net through sole use of the designated numbers (0973100500 or 0973100501) (the "Designated Numbers"). Orange cannot provide any assurances with regard to access to www.orange.net via WAP using undesignated numbers.

18.4. Orange Internet users ("Users") can access their Orange Mail accounts using their WAP phones by keying in their Orange Internet User Name and Password as defined in the Online Member Agreement.

18.5. Users can receive emails but any attachments to the email will not be displayable. If emails are deleted via the WAP phone they will also be unreadable via alternative equipment because they have been deleted. Details of how to use Orange Mail via WAP and the functions available are set out on www.orange.net.

18.6. In the event that a User does not access the Orange Mail service via WAP for a period of 60 days or more, we reserve the right to terminate the WAP access to your Orange Mail account. To access Orange Mail via WAP following any such termination, the User should key in their Orange Internet User Name and Password as usual provided their Orange Mail account and/or the Online Member Agreement has not been cancelled. However, following any termination, all settings will be reset to standard and any personalised features will be lost.

18.7. Accessing Orange WAP services from an Orange WAP phone using numbers other than the Designated Numbers or accessing other WAP services using any number or whilst roaming where available will be charged at the appropriate call charge rate based on your contract service plan or prepay tariff as set out in Orange's periodically updated Price Guide.

18.8. Accessing Orange WAP services from an Orange WAP phone using the Designated Numbers will be charged according to your Service Plan at the rate set out in Orange's periodically updated Price Guide.

18.9. If we believe that there has been a breach of these terms and conditions, we reserve the right to immediately and without notice withdraw, bar or charge with retrospective effect at the standard call charge rate for use of Orange WAP services or other WAP services including Orange Mail.

18.10. Orange excludes all liability for any material sent or received through an Orange Mail account via WAP.

18.11. Orange reserves the right to change these terms and conditions from time to time without notice or to remove this service for any reason on giving reasonable notice at any time.

ADDITIONAL TERMS AND CONDITIONS FOR THE ORANGE POCKET

Orange is licensed by PocketThis to provide you with a unique service to manage, consolidate and transport electronic information via the PocketThis proprietary technology subject to PocketThis' standard licence terms which are incorporated as part of this Agreement. You must: (1) provide all equipment necessary for accessing and utilizing the Service; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with such access. In consideration for the licences granted hereunder, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during registration and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data (Registration Data). All Registration Data will be handled in accordance with the terms of the Orange Privacy Policy. Orange reserves the right to terminate your membership and rights to use the Service if Orange learns that you have provided Orange with false, inaccurate or misleading Registration Data or have otherwise breached this Agreement.

Licence

Orange grants you a non-exclusive revocable sub-licence (the Licence) to install and use any necessary software used in connection with the Service (Software) solely for your personal non-commercial use. You may copy the Software for back-up and archival purposes only, provided that any such copy contains all of the original proprietary notices included with the Software. You may not: (a) licence, sublicense, lease, rent, or otherwise transfer rights to the Software, Service or Documentation; (b) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Software, Service or Documentation; (c) remove any proprietary notices or labels on the Software, Service or Documentation; (d) sell, resell or exploit for any commercial purposes, any use of the Service; (e) use the Service in conjunction with any device or software designed to circumvent technological measures employed to control access to, or the rights in, work protected by copyright; or (f) bypass the Service and directly access any individual components that are included in the Service.

Intellectual Property Ownership

Any and all intellectual property rights associated with the Software, the Service, and the Documentation -- including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property) are the sole property of PocketThis or its third party licensors, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without PocketThis' or the appropriate third party's written permission. Except as provided herein, PocketThis does not grant to you any express or implied rights to PocketThis' or any third party's Intellectual Property. Any rights associated with content, which is transmitted, downloaded, uploaded, stored or otherwise processed by the Service itself, shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement does not grant you any rights in and to such Content.

Termination

Orange may terminate this Agreement at any time with or without cause. Upon such termination you agree to immediately uninstall or otherwise destroy all copies of the Software and any accompanying Documentation and to certify the same to Orange. You also agree that Orange, in its sole discretion, may terminate your use of the Software and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if Orange believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that Orange may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that Orange shall not be liable to you or any third-party as a result of Orange's termination of your use of the Software or your access to the Service.

Acceptable Use

In consideration for your use of the Software and the Service, you agree to maintain your password to the Orange Pocket Service in secrecy and to prevent its disclosure to any third party. You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities which occur under your account. You agree to immediately notify Orange of any unauthorized use of your account or any other breach of security of which you are aware.

You agree that you will use the Service in a manner that complies with all applicable, international, federal, state, and local laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.

You agree not to:

(a) upload, download or transmit via the Service any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;

(b) upload, download, store or transmit via the Service any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;

(c) upload, download, store or transmit via the Service any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law or regulation;

(d) upload, download, store or transmit via the Service any unsolicited promotional Content, advertising materials, "spam," chain-letters, or other such material;

(e) use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;

(f) use the Service to transmit Content which includes a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any Internet host;

(g) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity;

(h) disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service or affiliated or linked services; or

(i) harvest or otherwise collect information about others, including e-mail addresses, without their express consent and, in any event, not solicit or send personal information from a minor under 18 year of age (personal information includes full name, home address, home telephone number, school or other identifying information).

General Terms of Use of the Orange Pocket Service

Fees and Charges

For the purposes of these additional terms and conditions for the Orange Pocket Service, "You" "Your" means:-

(i) any person who is a registered account holder for the purposes of obtaining Orange Internet Services including the Orange Pocket Service via www.orange.net or www.orangepocket.com via a personal computer (hereinafter referred to as "Orange Internet Account Holder"); or

(ii) any person who obtains the Orange Pocket Service via www.orange.net or www.orangepocket.com via a WAP enabled mobile phone connected to a mobile telecommunications network other than Orange (hereinafter referred to as "Offnet Customer"); or

(iii) any person who subscribes to Orange phone services (hereinafter referred to as "Orange Talk Time Customer").

(a) Orange Talk Time Customers will be charged for the call time/data usage at applicable standard Orange price plan rates.

(b) Offnet Users will be charged for the call time/data usage at their network operators applicable price plan rates. Orange is not responsible for and has no control over other network operators charges.

(c) Certain Orange Pocket services generate text messages sent to Orange Talk Time Customers Orange phones and, in the case of Orange Talk Time Customers who pay monthly for their Orange phone service, text messages sent to nominated mobile phone number(s). Orange will charge Orange Talk Time Customers for each text message sent as part of the Orange Pocket Service at applicable standard Orange price plan rates, in addition to the charge for the call time/data usage.

(d) Orange reserves the right to vary the charges for the Orange Pocket Service from time to time, such variations will be notified to you and will take effect one month after notification.

Participation

• Be 14 years of age or over;
• Be up to date with all your Orange account payments
• If you are an Orange Internet Account Holder or Offnet Customer, provide all equipment necessary to access the Orange Pocket Service and pay for the telephone call charges (at the rate published by your telephone operator) or other internet access charges incurred;
• If your are accessing the Orange Pocket Service via WAP, you must ensure that you have a WAP enabled phone which has the technological functionality to support and operate the Orange Pocket Service.

Limitation of Liability

Orange assumes no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:

(a) Any Content you transmit using the Service will be treated by Orange as not being confidential to you.

(b) You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission. Orange cannot and will not guarantee the security of any of the Content stored or transmitted by the Service.

(c) You may be subjected to email, instant messages, video, and other Content, which is pornographic, defamatory, hateful, or otherwise objectionable to you.

(d) You are solely responsible for ensuring that the Content, and any transmission, storage or processing of the Content, does not violate the Intellectual Property rights of others.

(e) You must evaluate, and bear all risks associated with the use of any material or message including any reliance on the accuracy, completeness and usefulness of such material or message.

(f) You understand and agree that any material and/or data transmitted or received or otherwise obtained from the Orange Pocket Service is done at your own discretion and risk.

IN NO EVENT SHALL ORANGE, ITS LICENSOR (POCKETTHIS), ITS VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICE OR DOCUMENTATION OR ANY THIRD PARTY PRODUCT OR SERVICE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF A PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERROR, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. ORANGE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE.

No Warranties

THE SERVICE AND RELATED DOCUMENTATION COVERED UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND ACCURACY. ORANGE DOES NOT AUTHORISE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ORANGE, ITS LICENSOR (POCKETTHIS), ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. ORANGE, ITS LICENSOR (POCKETTHIS), ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. UNDER NO CIRCUMSTANCE WILL ORANGE, ITS LICENSOR (POCKETTHIS), ITS VENDORS AND SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE OR A THIRD PARTY SOURCE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OR ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A THIRD PARTY SOURCE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.

Indemnity

You agree to indemnify and hold Orange and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service (or the Service by persons using your password), any Content you submit, transmit, store, upload or download through the Service, or any violation of this Agreement or the rights of others.

Modifications to Service

Orange reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Orange may also change your priority of access to the Service with respect to other users. Orange may modify or update the Service, Software and/or Documentation at any time without notice.

Disclosure Of Content/Monitoring Of Bulletin Boards on Orange Pocket Web Site

Orange does not pre-screen the Content of its users via the Service. Orange reserves the right to remove, retain, and disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Orange, its users, or the public.

Privacy Policy

For detailed information regarding Orange's use of your Registration Data and other user information, please read our Privacy Policy (section 1 above, "Personal Data"). You should be aware that third party sites and sources may contain confidentiality provisions that differ from the provisions provided herein. Orange is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Infringement

Orange and PocketThis respects the Intellectual Property rights of others, and expects Orange Pocket users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), PocketThis has designated an agent to receive notifications of alleged copyright infringement associated with the Service. PocketThis will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify PocketThis' copyright agent:

UK Mail:

PocketThis
Attn: Managing Director
19-21 Phipp St.,
London, EC2 A4NP
United Kingdom

US Mail:

PocketThis
Attn: Copyright Agent
1922 Webster
Oakland, CA 94612
United States of America

When notifying PocketThis of the alleged copyright infringement, please include all of the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

b) Identification of the copyrighted work claimed to have been infringed;

c) Identification of the individual(s) believed to be engaged in the alleged infringing activity;

d) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;

e) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

f) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

g) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Orange reserves the right to terminate your use of the Service for any actual or alleged copyright infringement.

Export Regulations

You may not export from the United States or allow the export or re-export of any part of the Software in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

Entire Agreement

This Agreement together with the Orange Terms and Conditions for the Supply of Network Services (collectively known as the "Main Service Terms") shall constitute the complete and exclusive agreement between you and Orange in relation to the Orange Pocket Service. In the event of any conflict between this Agreement and the Main Service Terms, the Main Service Terms shall take precedence. While Orange reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorised representative of Orange execute a separate written agreement.

Severability

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement.

Applicable Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW AND THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.

Assignment

Orange may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of Orange.

Webraska Mobile Technologies

Utilization of certain navigation services provided, in part, by Webraska Mobile Technologies ("Webraska") as part of Orange Pocket is subject to the following conditions and limitations on Webraska's liability (any representations or warranties that follow in this paragraph are strictly those of Webraska and not Orange): Webraska commits to take all measures to supply the best information at its disposal and to provide the best service. Webraska does not, however, warrant the absence of temporary interruptions of the services you wish to access nor of occasional errors in the information provided. In no event shall Webraska be liable for any damages which may result from such interruptions or errors. Nor shall Webraska be responsible for any damages that it could not reasonably predict taking into account the normal use of its services or for any prejudicial problems in its services that may be caused by the negligence of a third party, including parties to which Webraska might be contractually linked. Webraska is neither the editor of nor responsible for other services, operations, functions and contents available through your mobile phone, whether or not they are integrated within the services provided by Webraska (among others, but not exclusively: advertising, sale of goods or services). Your use of the aforementioned navigation services constitutes your acceptance of these terms of use.