Digital Bridge, L.L.C. Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING, REQUESTING TEXT MESSAGE SERVICES, OR SIGNING UP FOR THIS WEBSITE, OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH DIGITAL BRIDGE, L.L.C.

Introduction

Welcome to the db4.us web site. This web site, and the information, content, and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Digital Bridge, L.L.C., a Delaware limited liability company, with its principal offices in Milpitas, California ("Digital Bridge" or "We"). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this Web Site. Modifications to this Agreement

Digital Bridge may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Digital Bridge by e-mail (support@db4.us).

This Web Site is operated by Digital Bridge from its offices in the United States.

Privacy

We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Your Use of Content and Information -- Disclaimer with Respect to Content

A variety of information, text messages, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by Digital Bridge or other websites accessible from the internet, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. Digital Bridge does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site.

Digital Bridge does not have any obligation to prescreen, edit, or remove any Content requested/provided by Users through db4.us .

Notwithstanding the foregoing, Digital Bridge will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any passed text/multimedia message Content.

Digital Bridge makes no claims to ownership of web content that you request through text/multimedia messages.

Digital Bridge makes every effort to forbid requesting of pornography materials over our messaging services. However, Digital Bridge makes no claim to 100% successful in such filtering.

Do(s) and Don't(s) for Users

You agree that you will comply with applicable laws, this Agreement, and DO(s) and DON'T(s). Ownership and Intellectual Property Rights

Ownership

This Web Site is owned by Digital Bridge. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Digital Bridge or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

Digital Bridge grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Digital Bridge. All rights not expressly granted in this Agreement are expressly reserved to Digital Bridge.

Trademark Notices

All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Digital Bridge or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Digital Bridge or its affiliates without our prior written consent. Your Contact With Advertisers or Other Third Parties and Other Web Sites

Digital Bridge does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Digital Bridge will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site. Disclaimer of Warranties With Respect to Web Site

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Digital Bridge EXPRESSLY DISCLAIMS ALL CHARGES FROM YOUR PHONE CARRIERS.

Limitations of Liability

Digital Bridge AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Digital Bridge IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL Digital Bridge OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Digital Bridge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Indemnification

You agree to indemnify and hold harmless Digital Bridge, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.

Complaints Regarding Content

Regarding copyright infringement complaints, see our Notice and Procedure for Making Complaints regarding Copyright Infringement. Fundamentally, Digital Bridge is performing a web browser functionality by passing web contents to the users. Digital Bridge makes no claims of the passwed web contents. Digital Bridge does make web contents reformatting to make them more readable in a text/multimedia message. The reformatting work is similar to that of the text based web browser Lynx.

Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your Digital Bridge account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach). Modification or Suspension of the Web Site

Digital Bridge may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you. Termination

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely. Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect. Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Digital Bridge and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Milpitas, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.