WDS TERMS OF USE AND PRIVACY POLICY

This Terms of Use and Privacy Policy (collectively, the "Policy") of Wireless Data Services, Ltd. and its subsidiaries (collectively, "WDS ") is effective as of October 19, 2007. Wireless Data Services Ltd. is registered in England and Wales with a company number of 01714719 and a registered address of Alder Hills Park, 16 Alder Hills, Poole, Dorset, BH12 4AR, United Kingdom, Tel: + 44 (0)1202 713700.

Please read this document carefully before accessing or using the various WDS products and services and/or our website (collectively, the "Products") including, without limitation, our discussion forums, blogs and other similar features available at www.wds.co or www.wirelessinformaticsforum.org. The use of these Products is subject to the terms and conditions set out below. On accessing the Products on this and each subsequent occasion you will be deemed to have accepted this Policy and all the terms and conditions that apply to their use.

This Policy constitutes the entire agreement between you and WDS and governs your use of the Products, superseding any prior agreements. Additional or different terms and conditions may apply when you use linked or affiliated websites or services, third-party content, or third-party software. The laws of England and Wales govern this Policy and our relationship with you. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any claim or dispute with WDS or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Policy will not waive that right. If any provision of this Policy is invalid, the Policy should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect.

WDS may from time to time change this Policy or change, modify or withdraw access to the Products at any time with or without notice or liability. We may terminate or change your password, account, or use of all or any part of the Products and may remove any content within the Products without notice and for any reason, including lack of use or violation of this Policy. If this Policy is changed in a way that is material and adverse, WDS will post a notice advising of such change at the beginning of this Policy. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.

TERMS OF USE

Intellectual Property Rights

The Products and any software, data, content or services it incorporates, distributes or downloads to you contain proprietary and confidential information that is protected by applicable intellectual property, copyright, trademark and other laws. Where applicable, WDS grants you a personal, non-transferable, and non-exclusive licence to access the Products via a single computer or a mobile device; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Products.

WDS is a trademark of Wireless Data Services, Ltd. Other product or company names mentioned in the Products may be the trademarks of their respective owners. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos of WDS or any third party.

Content

If you post content in areas available to the general public, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive license to use, reproduce, transmit, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party.

The opinions and views expressed by other users of the Products or content providers do not necessarily reflect those of WDS . You waive any claim resulting from your exposure to material on the Product that is offensive, indecent, or otherwise objectionable.

We may edit, move, or delete any content in the Product (including content or communications that you have provided) for any reason, and may preserve and disclose content if required to do so by law or in the good faith belief that doing so is necessary. We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

Acceptable Use

You are responsible for your use of the Products and any content that you post or transmit on or through the Products. You will not use the Products in an unlawful or improper manner including, without limitation, to distribute, link to, or solicit content that:

• constitutes unsolicited or unauthorized communication or advertising including SPAM, junk or bulk e-mail, or chain letters;
• is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
• includes personally identifiable information about children;
• infringes someone else's intellectual property or other rights;
• violates or advocates the violation of any law, regulation, or contract; or
• contains software viruses or any other computer code, files, or programs that are designed or intended to damage, disrupt, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Data (as defined below).

Certain Products require the use of a registered account and/or password. You are solely responsible for all activities that occur under any password or account which we grant to you, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Products, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Products.

Disclaimer; Indemnity

WDS MAKES NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE PRODUCTS, INFORMATION, SOFTWARE, OR OTHER MATERIALS AVAILABLE BY WDS. WE PROVIDE THE PRODUCTS ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE THEM AT YOUR OWN RISK, AND WDS, ITS EMPLOYEES, SUBCONTRACTORS, PARTNERS DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. TO THE EXTENT PERMITTED BY LAW, WDS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY WARRANTY WHICH IS NOT SET FORTH IN THIS POLICY WILL BE INVALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER THE LAWS OF ENGLAND AND WALES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You will indemnify WDS , and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to your use of the Products (and/or the content you distribute via the Products) or any breach of this Policy.

External Links

We may provide links to other products, services, internet or mobile sites or resources. We do not control these products, services, sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.

PRIVACY POLICY

Personal Data

To provision the Products offered by WDS , it may be necessary to ask for or obtain personal data. As used in this Policy, the term "Personal Data" means data such as: your name, e-mail address, internet service provider, mobile carrier, telephone number, or other personal information that may be supplied by you or collected about you in the course of using WDS 's Products. Most of the other information we may collect in the use of certain Products, such as your mobile device and hardware IDs and device type, and your carrier, does not by itself identify you to WDS or constitute Personal Data.

If you have questions regarding the privacy portion of this Policy, please contact us at info@wds.co. These Products are not directed at children. If you are a minor (as defined in your applicable jurisdiction) please get your parent/guardian's permission beforehand whenever you provide Personal Data or use the Products. Users without this consent are not allowed to provide us with personal information or use the Products.

Applicability

BY USING THE PRODUCTS AND/OR PROVIDING INFORMATION TO WDS THROUGH THE PRODUCTS, YOU ACKNOWLEDGE AND CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA OF THE TYPE AND FOR THE LIMITED PURPOSES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT USE THE PRODUCTS OR ANY OF THE SERVICES PROVIDED BY WDS.

How We Use the Data Provided by You

If you provide us with any Personal Data, we may, in addition to providing our Products, use it to respond to your requests, customize your user experience with us, determine your satisfaction with WDS Products and/or services, or contact you via mail, e-mail, mobile message or phone to inform you of new products, services or promotions we may offer. We may use subcontractors to provide or provisions some Products to you, so we also may need to share your Personal Data with these subcontractors so that they can provide services to us.

We may share aggregated non-personal information, meaning information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user, with third parties outside of WDS . WDS may also exchange information between WDS 's affiliated (related) companies for the purposes mentioned in this Policy.

WDS may also share Personal Data with certain trusted third parties who enter into business relationships with us for purposes of determining your satisfaction with certain products and/or services, or contacting you via mail, e-mail, mobile message or phone to inform you of new products, services or promotions our partners may offer. These business partners may include service providers, mobile operators and device manufactures and companies that perform marketing services on our behalf. In such situations, we will provide you with an opportunity to opt-out of such sharing.

In addition to the above, WDS may one day be purchased by, or merged with, another company. In such a case, the acquiring (or merging) company will have access to your information.

Certain data, including Personal Data, must be sent through your mobile carrier's network and your carrier may have access to it. For information regarding your carrier's treatment of your information, please consult your carrier's privacy policies.

We will not provide Personal Data to a third party except as set forth in this Policy and/or unless compelled by applicable law or administrative or judicial order without your permission.

Transfers of Data

WDS processes Personal Data on our servers in the United Kingdom and in other countries where WDS has operations. You expressly accept and give your consent that your Personal Data obtained in connection with your use of the Products may be transferred across international borders to server locations supporting the Products.

Cookie Policy

From time to time, information may be placed on your computer or mobile device which are used to improve and/or personalize the Products for you. This information is commonly referred to as a "cookie", which are tiny pieces of data stored on your computer's hard drive or browser, and not on the Products. If you elect to set your web browser to not receive cookies, you may not be able to use or view the Products.

Accuracy of Collected Data

WDS will, at your request, free of charge, replenish, rectify or erase any incomplete, inaccurate or outdated Personal Data retained by WDS in connection with use of the Products. Please contact WDS at info@wds.co for further information.

External Links

We may provide links to other third party products, services, internet or mobile sites or resources. Please note that WDS is not responsible for the privacy practices of any such third party and we recommend that you review their privacy policies prior to use.

Copyright© Wireless Data Services, Ltd and its subsidiaries 2007. All rights reserved.