Product Info

Palm.Net™ Service Agreement and Other Product Information Page 283
11.1 Rules of Use. If you elect to use the Wireless Internet Messaging Service (the
“Messaging Service”), you hereby agree to comply with the additional terms and con-
ditions set forth in this Section 11 (“Messaging Terms and Conditions”). You further
agree that this Agreement applies with equal force and effect to your use of the Messag-
ing Service.
(a) You are solely responsible for the contents of your transmissions through
the Messaging Service. Your use of the Messaging Service is subject to all applicable lo-
cal, state, national and international laws and regulations.
(b) You agree: (1) to comply with US law regarding the transmission of tech-
nical data exported from the United States through the Messaging Service; (2) not to use
the Messaging Service for unlawful or wrongful purposes, including, but not limited to,
distributing material that (i) is copyrighted (except to the extent expressly permitted by
the copyright owner), (ii) is obscene, libelous, harassing or discriminatory, (iii) is pro-
tected by trade secret, (iv) is an invasion of the privacy of a third party; (v) creates a clear
and present danger, or (vi) advocates unlawful conduct; (3) not to interfere or disrupt
networks connected to the Messaging Service; and (4) to comply with all regulations,
policies and procedures of networks connected to the Messaging Service.
(c) You agree not to use the Messaging Service for chain letters, junk mail,
spamming or any use of distribution lists to any person who has not given specific per-
mission to be included in such a process.
11.2 Modifications To Messaging Service
. Palm, Inc. reserves the right to modify or
discontinue the Messaging Service with or without notice. Palm, Inc. shall not be liable
to you or any third party should Palm, Inc. exercise its right to modify or discontinue the
Messaging Service. You agree that Palm, Inc. has no obligation to monitor or regulate the
transmissions sent by you. Palm, Inc. will endeavor to keep your messages private, view-
able only by you and the person to whom you address it. However, systems operators
may need to look at your messages if Palm, Inc. believes it is necessary to protect itself
or others from injury or damage; for example, if Palm, Inc. has reason to believe you are
involved in illegal activities which could lead the authorities to seize or search its sys-
tem. Palm, Inc. reserves the right to the appropriate action if it becomes aware of any use
of the Messaging Service which Palm, Inc. believes violates any law or is otherwise
wrongful, including immediately terminating your access to the Messaging Service, but
Palm, Inc. will not monitor messages unless it believes the Messaging Service is being
misused.
11.3 No Resale Or Commercial Use Of The Service
. Your right to use the Messag-
ing Service is personal to you. You agree not to resell the use of the Messaging Service,
without the express written consent of Palm, Inc.
11.4 Indemnification
. Since you are responsible for your transmissions and their
consequences, you agree to indemnify and hold Palm, Inc., its parents, subsidiaries, af-
filiates, officers and employees, harmless from and against any claim or demand, in-
cluding reasonable attorneys' fees, made by any third party resulting from or arising out
of your use of the Messaging Service (or the Messaging Service by persons using your
password), your violation of this Agreement, or the infringement by you, or other user
of the Messaging Service using your computer or password, of any intellectual property
or other right of any person or entity.