Privacy Policy
Privacy Policy Portable Internet has created this privacy statement in order to demonstrate our firm commitment to safeguarding your privacy. By using Portable Internet's Web Site ("Site") subscribing to the services or content provided on our Site or by downloading, purchasing or using products we offer for sale ("Services"), you acknowledge that you have read our Privacy Policy below, and you consent to our collection, use and disclosure of your information as described below. This policy may change from time to time so please check back periodically. This Policy was last changed and posted on our Site on June 15, 2000. The purpose of our Privacy Policy is to inform you about: The information we gather and use when you visit our Site ("Guest"), use our service or become a Portable Internet member ("Member"), How we may use and disclose such information (our policies), and What your options and rights are with respect to such information. Questions: If you have any questions concerning our Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us by email at marketing@portableinternet.com. This Privacy Policy is incorporated into and subject to the terms of our Terms of Service Agreement. (www.PortableInternet.com/legal.htm) Our Privacy Policy explains the following questions: 1) Some basic Internet terminology used in this Privacy Policy. 2) What types of Information does Portable Internet collect from you ? 3) What is Personal Information? 4) How will Portable Internet use Personal Information? 5) What is Anonymous Information? 6) How will Portable Internet use Anonymous Information? 7) With whom and how is your information being shared? 8) How is your information used for online surveys, contests and sweepstakes? 9) What about the privacy of children? 10) Data Security: How does Portable Internet protect and keep your information secure? 11) What types of use and disclosure of information is Portable Internet responsible for? 12) How do you change, delete or prevent the disclosure of Personal Information you disclosed to Portable Internet? 13) Your acceptance of the terms of this Privacy Policy. 14) Changes in this Privacy Policy. 1. Some basic Internet terminology used in this Privacy Policy. A "URL" (Uniform Resource Locator) is the global address of web sites and web pages on the World Wide Web. An "IP address" (Internet Protocol address) is a number that identifies your computer so that data (such as the web site you want to go to) can be sent to you. A "referrer ID" is information from your web browser showing us what URL you entered from so we can see what web sites provide traffic to our Site. A "cookie" is a small file that is sent from our web server and stored on your computer hard drive or on our server while you are visiting our Site. Cookies store and retrieve information on your computer about your web browsing activities, such as what web site you came from and what pages you go to on our Site, what advertisements you viewed or clicked on, etc. Cookie technology is fairly commonplace on the Internet, and most web browsers are initially set up to accept cookies; however, you can set your web browser to refuse cookies, or have it notify you when you receive a cookie so you can decide whether or not to accept it. 2. What types of information does Portable Internet collect from you? By coming to our Site, you will either be a Guest or Member of Portable Internet. As a Guest you will have access to general information about the Portable Internet services. We collect Anonymous Information (as defined below) from you as a Guest. While you are on the Portable Internet Site or utilizing any of the Portable Internet Services (you would a "Guest" in the former case, and a "Member" in the latter) our system will automatically collect certain information, unless we specifically state otherwise. Portable Internet collects two types of information from you: Personal Information and Anonymous Information. We collect Anonymous Information from you whenever you visit our Site as either a Guest or Member. We collect Personal Information from you as a Member when you complete our registration form and each time you purchase goods or services available through our Site. We collect Personal and Anonymous Information from you (1) to personalize your experience on our Site and in our Service, (2) for editorial and feedback purposes, (3) for marketing and promotional purposes, (4) to analyze users' behavior, (5) for product and services development, (6) to improve our Site and Service content, (7) to inform our advertising partners about the number of users on our Site or Service who have seen or selected their advertisements, and (8) to customize our Site's content and layout. Other than the uses described in this Privacy Policy, and unless you give us your prior consent, we do not share, rent, or sell any of your information to any outside parties, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. 3. What is Personal Information? "Personal Information" includes (1) personally identifiable information, such as your name, phone number(s), billing and/or mailing address(es), email address, , partner identification number (e.g. frequent traveler number), present or previous location, credit card information, annotations of our content, ratings and comments on establishments etc., and (2) demographic information, such as your age and gender. Personal Information may also include information that you enter on your organizer like contacts, calendar and to do list that you specifically authorize us to collect. We encourage you, as a Portable Internet Member, to provide as much information about yourself as you feel comfortable with so that we can customize your experience at our Site on our Service by showing you information we believe may interest you according to your preferences. However, most information that personally identifies you is disclosed by you on an optional basis. Also, if we ask you for Personal Information, we will specifically obtain your prior consent to disclose such information to outside parties, which include our business and advertising partners, and Participating Guests and other Members, except to the extent necessary to fulfill your requests to operate our Service or comply with contractual requirements of partners who are either subsidizing the cost of the service or from whom you accessed our service. 4. How will Portable Internet use Personal Information? We collect Personal Information from you when you become a Portable Internet Member by completing our Registration Form (your User Profile) which may ask for: your name, email address, billing and/or mailing address(es), telephone number(s), partner identification number, birth date and user name, order number and password (for accessing our Member services). We may ask you for, and you may provide us, solely in your discretion, with other Personal Information. You may change most of the information in your User Profile at any time. (See Section 12 below) We will use your Personal Information from the Registration Form, along with any other Personal Information you disclose to us to: (a) process your order and payment for our products and services (b) operate our service on your behalf (c) analyze the effect of our web site and service usage on actual reservations and purchases (d) communicate with you about your level of activity and service usage, and (e) send you promotional materials (via emails or other messages and advertising messages) from our business and advertising partners which we believe may interest you based on your preferences disclosed to us. As a Member, Portable Internet may communicate with you through a series of messages about your use of the Member services or content or your purchase of products. You may, at any time, opt-out of receiving such emails either on a global basis (by changing your User Profile - see Section 12 below) or on an individual basis (by de-selecting such option as you did when you signed up for that Member service). You may receive confirming emails of your purchases or download activity regardless of your opt-out position. In regards to your receiving any promotional materials from our business and advertising partners, you will have the opportunity, by following the instructions in Section 12 below, to review and consent to the transmittal of promotional emails to you by our business and advertising partners. Your decision to "opt-out" of partner e-mails may affect the cost of your Service or may reduce or eliminate certain features of the Service. In addition, we collect Personal Information from you if you contact us with questions or requests for help (i.e. technical support), or to help diagnose problems with our server and to administer our Site. We retain such Personal Information as a record of correspondence, but keep it confidential and use it strictly to respond to such requests or technical necessities. We may outsource certain functions to third parties who provide these services, including collection of data and technical support, on our behalf and adhere to these same standards. 5. What is Anonymous Information? "Anonymous Information" means information that cannot be traced back specifically to you as an individual (i.e. you are not personally identified). While you are on our Site or using our Service, we may collect Anonymous Information about what web site you came from, what web pages you go to on our Site or Service, the time of your visit, the type of web browser or mobile device you use (the software you use to connect to the Internet and visit web sites), the type of computer system you use, your past or present location, etc. This Anonymous Information comes from your web browser or our client application which sends the information to our web server in the form of URLs, cookies, referrer IDs, IP addresses, computer system information and logs of web browsing activities (known as "web logs"). (See definitions above.) We also convert Personal Information into Anonymous Information by using such data, regarding demographics, locations, interests and behavior, on an aggregated basis (i.e. categorized into groups). This means that you are not personally identifiable and that we study this type of information from our Members and Guests on a non?personal level. 6. How will Portable Internet use Anonymous Information? We collect Anonymous Information to study the demographics, interests and behavior of different types of users on our Site, and share this Anonymous Information with our business and advertising partners. Such uses help us get a better sense of our Guests and Members' interests, and thus improve our product and service offerings. In general, we track the total number of people who subscribe to different Services and / or content to learn which of these are most popular. As a result, Portable Internet not only learns more about the interests of visitors to it's Site, but also shares such data with its relevant business and advertising partners in order to determine in which products, service offerings or content our Members might be interested. In addition, we use Anonymous Information to help diagnose problems with our server, services and software and administer our Site. This enables us to make better decisions about how we operate or improve our Site from a technical perspective. 7. With whom and how is your information being shared? As a general rule, Portable Internet does not disclose any information that could specifically identify you as an individual unless we have your express permission prior to such a disclosure. If you do not want your Personal Information to be shared with or used by an outside party (including Portable Internet business and advertising partners), you can choose not to allow this use by telling us when you receive and respond to our notice of such a disclosure. Portable Internet's business and advertising partners consist of all types of companies with products and services relating to any of the products, services or content on our Site. Portable Internet may also provide public forums, such as content or activity-related message boards and chat rooms for Members, but your participation is completely voluntary. If you choose to participate, please remember that any information disclosed in these areas becomes public information, and you should therefore exercise caution when deciding to reveal any information personally identifying yourself. 8. How is your information used for online surveys, contests and sweepstakes? Occasionally, Portable Internet may conduct surveys, and run contests, sweepstakes and other promotions on its Site in order to target advertisements and content, and to better understand Members' needs regarding its service, product and content offerings. If you decide to participate, which is solely in your discretion, we may ask you to provide certain Personal Information to verify your identity and age as an entrant and to communicate with you regarding your entry. Portable Internet will not share this Personal Information with any third party, unless (a) we inform you at the time of entry, (b) if you are a contest winner, or (c) as may be required by law. We may, however, make Anonymous Information about entrants available in aggregated form to our business and advertising partners and possibly to the general public. 9. What about the privacy of children? Portable Internet is a general audience web site specifically intended for adults (people age 18 and older). All Members and Guests must be over 18 to purchase products, content or services through the Site. We, however, still consider it extremely important to address the issue of safeguarding minor children's Personal Information over the Internet in our Privacy Policy. In general, Portable Internet collects, uses and discloses information about all of its Members and Guests in the same manner (i.e. no different methods for collecting information from children). However, Portable Internet's Site, products, services and content are intended for adults only. Thus, if Portable Internet obtains actual knowledge that any information it collects through the Site is provided by anyone under the age of 18, Portable Internet will inform that child of the following: - We strongly recommend that you protect yourself by telling your parent or guardian about your participation here on Portable Internet's Site, and getting your parent or guardian's permission before disclosing any information about yourself to anyone on the Internet, including through our Site. - If you are under the age of 13 (12 years old or younger), we are required by law to get your parent's or guardian's written permission which allows you to access our Site before you provide any information to Portable Internet, and before you access our Site. However, you cannot participate in any activities (such as bulletin boards or chat rooms) available through Portable Internet. - If you are under the age of 13, this also means that we will need your parent's or guardian's email address to send him/her an email to (1) state that we have learned you are under 13, (2) describe the type of Personal Information we would be collecting from you if he/she gave us permission to collect that information from you, and (3) outline what the process would be in getting his/her consent. However, you cannot participate in any activities (such as bulletin boards or chat rooms) available through Portable Internet. - If you are under the age of 18, we will still need your parent's or guardian's email address so that we can (1) tell him/her that we have learned you are between the ages of 13 and 17, (2) describe the type of Personal Information we would be collecting from you, and (3) encourage him/her to participate in your experience on the Internet and talk with you about the importance of protecting yourself and your Personal Information over the Internet. However, you cannot participate in any activities (such as bulletin boards or chat rooms) available through Portable Internet. If you are a parent or guardian of anyone under the age of 18, we strongly encourage you to participate in your child's experience on the Internet, and discuss with them the need for caution when disclosing their Personal Information over the Internet. However, no one under 18 can participate in any activities (such as bulletin boards or chat rooms) available through Portable Internet. 10. Data Security: How does Portable Internet protect and keep your information secure? Our Site has industry standard security measures in place to help protect against the loss, misuse, and alteration of information under our reasonable control, and safeguard the confidentiality of information personally identifying you. As a Portable Internet Member, your account information is protected so that only you may access or change this Personal Information in your User Profile. We highly recommend that you do not disclose your password to anyone. Also, remember that Portable Internet will never ask you to divulge your password in written or electronic communications. We will only ask you for your order number, name and telephone number when you contact us and only in cases where you request customer service to correct a service problem. Please be aware that data transmission over the Internet is not always 100% secure, and we cannot warrant that information you transmit utilizing the Portable Internet Site or any of our services is 100% secure. We will, however, use all reasonable efforts to maintain the security of your information on our systems. 11. What types of use and disclosure of information is Portable Internet responsible for? Portable Internet does not pre?screen Member or Guest communications, posts, emails or any content distributed through our Site or services. Therefore, by using our Site and services, you, as a Member or Guest, understand and acknowledge that Portable Internet is unlikely to be aware of violations of law or other misconduct committed by Members, Guests, or any other parties, and occurring through our Site, services or third party web sites and resources linked to our Site. You also acknowledge that you are completely responsible for any information you send via email, message boards, or any other form of communications through our system. As recipients of emails, message board postings, or any other communications, you are responsible for using all reasonable efforts to screen unwanted material and report to Portable Internet any illegal or inappropriate communications. If Portable Internet directly learns of any inappropriate information being disseminated through the Site or services, Portable Internet will investigate such matter and, if necessary, as determined solely by Potable Internet, immediately cancel that Member's privileges to the non-public areas of the Site. As part of our service offerings, Portable Internet may also reference, recommend or provide links to third party web sites, and make all reasonable efforts to link to sites sharing our high standards and respect for privacy. However, whether we recommend such resources or not, we do not control and therefore are not responsible for such third party web sites and their content, information or privacy policies. Consequently, please take the time to review the privacy policies and any other information practices posted on such third party web sites. Please keep in mind that Portable Internet may be required by law, court order, governmental agency or law enforcement authority to disclose your Personal Information, including but not limited to email information temporarily residing on our servers. In addition, Portable Internet may disclose a Member's or Guest's Personal Information to law enforcement authorities investigating suspected illegal activity or to its legal advisors in connection with a suspected violation of Portable Internet's Privacy Policy, Terms of Service or any other rules and regulations. 12. How do you change, delete or prevent disclosure of Personal Information you disclosed to Portable Internet? Not available yet. In the future, you will have the opportunity to review your information in our Registration Form (which you complete to become a Member) either prior to completing the registration, or any time afterwards to make changes and additions to your User Profile. When available, such changes will automatically update your User Profile. If you do not want to receive Portable Internet's e-mails regarding products and services, you may opt out of receiving communications from us and our business and advertising partners during the Member registration process by selecting the appropriate option, or by sending an email to Marketing@PortableInternet.com, with the word UNSUBSCRIBE in the subject area. Using the latter approach may require several days. You may also terminate your membership with Portable Internet at any time by sending an email to Marketing@PortableInternet.com. You may be required to complete a Certification form showing our software and content on your devices or that have been in your possession has been permanently erased or destroyed. Once you terminate your subscription, we will then permanently delete all your Personal Information stored on our computers except as needed for legal or archival purposes. 13. Your Acceptance of the Terms of this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of Portable Internet's Terms of Service Agreement (www.PortableInternet.com/legal.htm). Your use of our Site is subject to such terms and conditions, which constitute a legal agreement between you and Portable Internet. Each time you use the Portable Internet Site, you signify that you have read, understood and agree to be bound by the Terms of Service Agreement. If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Portable Internet Site or the services, content or products contained thereon. Your further continued use of the Site after we make any changes to this Privacy Policy will signify your acceptance of and agreement to such changes. Please review our Privacy Policy and the Terms of Service, and if you do not agree to the any of the provisions, please do not use our Site or Service, as you do not have our permission to do so under such circumstances. 14. Changes in this Privacy Policy We reserve the right to reasonably change, modify, add or remove portions of this Privacy Policy at any time. Please be sure to check this page periodically for such changes. Regardless of such later changes to the policy, however, Portable Internet will never use information you submit under this current notice in a new way (in a way not currently described) without also notifying you of such change, and giving you an opportunity to opt-out, or otherwise prevent that new use of your information.
Terms of Service Agreement
This web site is operated by Portable Internet, Inc., a Delaware Corporation with offices located at 21-00 Route 208 South, Suite 110, Fair Lawn, NJ 07410 ("Portable Internet") and use is subject to the following Portable Internet Terms of Service Agreement ("Agreement"). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SERVICES OR CONTENT AVAILABLE THROUGH THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS THE SITE OR SUBSCRIBE TO THE SERVICES OR CONTENT THEREON. Your Acceptance of the Terms & Conditions This Terms of Service Agreement is a legal agreement between you and Portable Internet, and governs your use of Portable Internet's content and services on the Portable Internet.com site ("Site") and your access to such Site. Use of Portable Internet's services and content and access to the Site will be collectively referred to as the "Service." Additional terms & conditions of use applicable to specific areas of the Service, if any, may also be posted in such areas, and together with this Terms of Service Agreement and any related modifications, as described below, are referred to as the "Agreement." Portable Internet, in its sole discretion, may change, modify, add or remove all or any part of this Agreement at any time, and such modification will be effective immediately upon it being published on the Site. You agree to be bound by the terms and conditions of this Agreement, and any modifications, for as long as you continue to be (a) a Portable Internet Subscriber by completing and submitting the Portable Internet registration form ("Subscriber") or (b) access the Site and the content and events available through the Service ("Guest"). YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS BY YOUR CLICKING ON THE BUTTON MARKED "I ACCEPT," AND/OR YOUR CONTINUED USE OF THE SERVICE, INCLUDING THE SUBMISSION OF A REGISTRATION FORM TO SUBSCRIBE TO THE CONTENT OR SERVICES OFFERED, MEANS THAT YOU ACCEPT THE TERMS & CONDITIONS OF THIS AGREEMENT, INCLUDING ANY MODIFICATIONS AS DESCRIBED ABOVE. IF YOU OBJECT TO THESE TERMS & CONDITIONS AT ANY TIME, YOU SHOULD (a) IMMEDIATELY STOP ALL USE OF THE SERVICE, (b) TERMINATE YOUR ACCOUNT AND SUBSCRIPTION, IF APPLICABLE, AND (c) NOTIFY PORTABLE INTERNET OF SUCH TERMINATION BY SENDING AN EMAIL TO SUPPORT@PORTABLEINTERNET.COM. Disclaimer The opinions and data delivered on the Portable Internet Site are provided by the authors. We do not assume liability for any of the content of the material presented on the Site. Portable Internet does not endorse or recommend any opinion or product or establishment that may be displayed, sold or mentioned on our Site. The decision to rely on information found on this Site or on a linked website is solely at your own risk. Portable Internet accepts no liability for injury or damage resulting from your decision to use any product, information or instruction found on the Site or on sites linked to the Site. In some cases, clicking on a link may take you to another website. You hereby acknowledge and agree, however, that Portable Internet has no control over, or liability arising from, information which may be found on other websites. In some cases, sexually explicit, obscene or offensive material may be located on other websites. Portable Internet does not endorse, has no control over, and assumes no liability with respect to such sexually explicit, obscene or offensive material. Your Assumption of Risk As a Guest to the Site or Subscriber to the Service, you acknowledge and agree to the following assumptions of risk (or releases of liability) regarding use of the Service and/or access to the Site. In consideration of being permitted to access the Site and participate in Subscriber activities, you agree that you and your heirs, distributees, guardians, legal representatives, executors, administrators and assigns, will not assert any claim against, sue, attach the property of, or prosecute Portable Internet or any of its officers, directors, agents, employees, contractors, information providers, licensors, licensees, affiliates, subsidiaries and any other partners and representatives for any injury, death or property damage occurring to you as a result of your accessing the Site, subscribing to or using the services or content offered through the Site or purchasing any products thereon, whether caused by Portable Internet's negligence or otherwise. You and your heirs, distributees, guardians, legal representatives, executors, administrators and assigns, will indemnify, defend and hold harmless Portable Internet and all of its officers, directors, agents, employees, contractors, information providers, licensors, licensees, affiliates, subsidiaries and any other partners and representatives from any and all such claims or demand, including reasonable attorney's fees and related costs, by whomever made and wherever presented. YOU AGREE THAT YOU CAREFULLY READ THIS RELEASE OF LIABILITY, AND FULLY UNDERSTAND AND AGREE TO THIS FULL RELEASE OF LIABILITY. You Must Be Over 18 Years Old All Members and Guests must be over 18 to access the Site and subscribe to the Service by submitting a Registration Form. Children under 18 may access the Site as a Guest only. If you are over 18, you understand that Portable Internet's Service and Site is primarily intended for a general adult audience; therefore, agree to take full and active responsibility in preventing the use of our Service or monitoring the access to our Site by any children under 18 years old you may be responsible for as a parent or legal guardian. If you are under 18, you agree to follow the procedures described in our Privacy Policy (under Section 10) before you disclose any information about yourself or become a Subscriber. [insert link to children's privacy section in privacy policy] International Users Given the global nature of the Internet, you agree to comply with all local rules (where you physically reside) regarding conduct and content via the Internet. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your Privacy The data you provide in the Registration Form and certain other information about you or your activities over the Internet are subject to our Privacy Policy. Please take the time to understand your privacy rights by reading our Privacy Policy at [insert link to privacy policy]. Subscriber Password and User ID As a Subscriber, you may receive a password and user ID (order number) after completing and submitting the Portable Internet registration form. Your subscription (password, order number / user ID) and access to the Service and Site is for your sole, personal use. You may not authorize others to use your subscription, account, password, order number or user ID, and you may not assign or otherwise transfer your subscription, account, password or user ID to any third party. You agree to be responsible for maintaining the confidentiality of your password and user ID, and for all activities occurring under your password and user ID. You agree to immediately notify Portable Internet of any unauthorized use of your password and user ID, or any other breach of security or any other violation related to your use of the Services. You will also make sure that you exit your Portable Internet account at the end of each session. Portable Internet cannot be liable for any loss or damages arising from your failure to comply with this section. Use of Content and Related Proprietary Rights You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, images, links and other material, including but not limited to proprietary and confidential information, copyrights, patents and trademarks (collectively referred to as the "Content"). All such Content is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, is owned by Portable Internet or its licensors and licensees, whether or not such rights are expressly identified in, or in connection with, such Content. No license to use any of the Content is given or implied without the respective owner's prior written consent. Any use of the Content or its related software, in whole or in part, including the reproduction, modification, distribution, redistribution, transmission, retransmission, republication, display or performance, of such Content or its related software is otherwise strictly prohibited. "Portable Internet" and the related graphics, logos and service names are protected trademarks of Portable Internet, Inc. under all applicable laws. Such trademarks of Portable Internet, Inc. may not be used in connection with any product or service that is not Portable Internet's, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Portable Internet. Except for Content that is in the public domain, you agree not to copy, exploit, duplicate, modify, publish, transmit, transfer, distribute, perform, display, sell, loan, rent, reverse engineer (if applicable), or create any derivative works from, in whole or in part, any Content or Service without the prior written permission from the owner of such Content. Notwithstanding the above, you may download and make copies of the Content and other downloadable items displayed on this Site only for your personal, non?commercial use, but only if you maintain on such copies all applicable copyright and other notices appearing in, or in connection with, such Content. You are also responsible for complying with any other use restriction required by third party owners of such Content. You assume all risk and responsibility for determining whether any Content is in the public domain. User Content: Information Provided By You By posting messages, uploading files, inputting data or information, or engaging in any other form of communication (collectively referred to as "User Content") to the Site, you grant Portable Internet a perpetual, worldwide, irrevocable, unrestricted, non?exclusive, fully paid, royalty?free license, with the right to sublicense, to use, re-use, copy, license, sub?license, publish, re-publish, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, translate or otherwise exploit such User Content, in any medium now or later known or developed. You represent and warrant that you are authorized to grant such a right for Portable Internet's use of such User Content. You waive all rights to any claim against Portable Internet or any of the Indemnified Parties (as defined below) for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Content. You acknowledge and agree that transmissions and communications to and from this Site, including transmission of any User Content, are not confidential and may be read or intercepted by others. You will not use the Portable Internet Site to post, transmit or distribute, or cause to be distributed any material which: a. is in violation of local, state, national or international laws. b. infringes the intellectual property rights of others. c. is intended to advertise or solicit business. d. purports to be provided by another person. e. is obscene, harassing, threatening or abusive. f. is a chain letter or part of a pyramid scheme. Unless otherwise specified, you acknowledge that by submitting User Content to the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and Portable Internet. Portable Internet's Management of Content Portable Internet reserves the right, in its sole discretion, to establish practices regarding a Member's or Guest's use of the Service and storage of any Content or User Content posted on the Site. Portable Internet has no responsibility or liability for the deletion or failure to store any Content or User Content and any other communications maintained or transmitted on the Service. You also understand that Portable Internet does not pre?screen or monitor any Content or User Content, but reserves the right, in its sole discretion, to refuse or remove any content available via the Service for any reason and with no explanation. Portable Internet may preserve, disclose or review any Content or User Content if required to do so by law or in good faith belief that such action is reasonably necessary to comply with any legal process, enforce this Agreement, respond to any claim regarding the violation of any third parties, or protect the rights, property or personal safety of Portable Internet, its licensees and licensors, or any of its Subscribers or Guests. No Endorsement of Content Since Portable Internet does not prescreen or monitor any Content or User Content, you understand and agree that Portable Internet does not endorse any such content, and you may not necessarily rely on any such content. You will solely evaluate the validity of any Content or User Content, and bear all risks associated with the use of any such content, including without limitation, the accuracy, completeness, reliability or usefulness of any such Content or User Content. Accordingly, you understand that all Content and User Content includes any available through the Portable Internet message boards, and any other public forum provided by Portable Internet, and may appear in any form now or later known, including but not limited to opinions, advice, statements, memoranda or articles. Under no circumstances will Portable Internet be responsible for any loss or damage resulting from any party's reliance on such information posted on the Service or transmitted to any Subscribers or Guests. Portable Internet reserves the right, but has no obligation, to correct any error or omissions in any portion of the Site, as it solely deems appropriate. No Endorsement of Links Portable Internet's Service or its business and advertising partners may provide links to other web sites, resources or sponsors. Because Portable Internet has no control over such sites, resources and sponsors, you understand and agree that Portable Internet is not responsible for the availability of such sites, resources and sponsors, and does not endorse and is not responsible or liable for any Content, products or services available from such sites, resources and sponsors. Such links may unintentionally lead to web sites containing information or material that some people may find offensive or inappropriate, or that may be inaccurate, false, misleading or in violation of applicable laws. You also agree that Portable Internet is not responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any Content, products or services, or links, provided by or available from such sites, resources or sponsors. Your Communications with Advertisers Your correspondence with, participation in promotions of, and purchase of any products or services from any of Portable Internet's business or advertising partners through the Service are solely between you and such third parties ("Third Party Dealings"). These Third Party Dealings include but are not limited to your obligations related to, understanding of and agreement to any terms, conditions, warranties or representations associated with such third parties. You agree that Portable Internet will not be responsible or liable for any loss or damage of any type incurred as the result of any Third Party Dealings, or as the result of the presence of such third parties on the Service. Your Breach of These Terms & Conditions You agree to indemnify, defend and hold harmless Portable Internet and all of its officers, directors, agents, employees, contractors, information providers, licensors, licensees, affiliates, subsidiaries and any other partners and representatives ("Indemnified Parties") from any claim or demand, including reasonable attorney's fees and related costs, due to or arising from your posting of User Content through the Service, your use of the Service, your use of Content, your conduct through the Service, your communications to third parties through the Service, your violation of this Agreement, and your violation of any other rights related to the Service. Termination of or Change in Service Either you or Portable Internet may terminate your use of the Service at any time, for any reason, without explanation, and immediately effective upon sending a written notice to the other party. Refunds for paid services are described within our Refund Policy. Portable Internet may immediately, at any time and in its sole discretion, (a) delete your password, user ID and subscription account, (b) terminate or limit your use of or access to the Service, or any part thereof, or (c) remove and discard any Content or User Content within the Service, for any reason, including but not limited to your lack of use, your breach of any terms & conditions (as described above) or if Portable Internet believes you violated or acted inconsistently with the letter or spirit of this Agreement. Portable Internet may change, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database or Content for any reason, at any time, and without notice. You agree that Portable Internet will not be liable in any way to you or any third party for such actions of Portable Internet as described in this section. Disclaimer of Warranties YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS AT YOUR SOLE RISK, AND SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PORTABLE INTERNET AND ITS SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE OR LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF ANY SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE. PORTABLE INTERNET AND ITS SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY WORKS. PORTABLE INTERNET DOES NOT WARRANT OR REPRESENT THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) ANY RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (e) ANY ERRORS OR DEFECTS IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE WILL BE CORRECTED, and (f) THE SITE AND RELATED SYSTEM AND SERVICE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTABLE INTERNET OR ITS SERVICES SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT PORTABLE INTERNET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE OF THE SERVICE OR CONTENT, ACCESS TO SITE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PORTABLE INTERNET WAS ADVISED OF SUCH POSSIBILITY, OR IF SUCH LOSS WAS FORESEEABLE IN ANY WAY, IF RELATED TO: (a) USE OR INABILITY TO USE SERVICE, (b) COST OF PROCUREMENT OR SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, (e) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY CONTENT, or (f) ANY OTHER MATTER RELATED TO THIS AGREEMENT. YOU AGREE THAT PORTABLE INTERNET IS NOT RESPONSIBLE FOR OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT, SPEECH OR COMMUNICATION OF ANY THIRD PARTY THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY OR PRIVACY. Miscellaneous Terms This Agreement constitutes the entire agreement between you and Portable Internet, and supersedes any prior agreements between you and Portable Internet. You may also be subject to additional terms and conditions which may apply when you use (a) services of Portable Internet's sponsors and any other affiliates, and (b) third party content, software or other proprietary information. This Agreement is governed, and construed and enforced in accordance with the laws of the State of New York, without giving effect to the principles of conflicts of law thereof. Except for Portable Internet's claim for injunctive relief in any court having jurisdiction, you and Portable Internet agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York County. You and Portable Internet waive any defense of an inconvenient forum and any right of jurisdiction on account of the place of residence or domicile. If any provision under this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Portable Internet's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Portable Internet may assign its rights and obligations under this Agreement at any time and without notice to you. One Year Limit You agree that regardless of any contrary statue or law, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Notices Notices to you may be made via email or regular mail. Portable Internet may also provide notices of changes to this Agreement or other matters related to the Service by displaying notices or links to notices to you generally through the Service. Survival of Certain Provisions The termination of this Agreement for any reason will not terminate the obligations or liabilities of the parties under the terms and conditions of this Agreement regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of this Agreement. All such obligations and liabilities will survive and continue in effect after any such termination. ©2000 Portable Internet, Inc. All Rights Reserved. Privacy Policy
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