Terms and Conditions for PrivacyStar™ – Mobile Phone Billing Option
(Last Modified: 11 June, 2010)
PrivacyStar is a monthly subscription service
When you select the option to add PrivacyStar to your mobile phone billing account, you agree to pay the monthly subscription fee of $2.99 per month which will be billed to you on your mobile phone bill each month. Upon downloading PrivacyStar application you must agree to the Terms and Conditions (“Terms and Conditions”) before you can use PrivacyStar. If you do not agree with these Terms and Conditions in their entirety, you will not be allowed to use PrivacyStar and you should delete the application from your device.
- After you download PrivacyStar, you are provided a free trial use period (normally 7 days from download date) that provides full functionality of PrivacyStar. After your free trial period expires, PrivacyStar will display a message on your device screen the next time you use PrivacyStar indicating that your free trial period has expired. PrivacyStar will offer you the option to subscribe to PrivacyStar services. If your mobile phone provider offers the service, you will be asked if you would prefer to add the monthly subscription of $2.99 per month to your mobile phone bill. There is no requirement for you to subscribe; however, if you do not subscribe you will no longer be able to use PrivacyStar services. Not all mobile phone providers offer the option of billing PrivacyStar services through your individual mobile phone bill.
- If you select yes, then you authorize PrivacyStar to send a text message to your phone to confirm your choice. You will be asked to respond YES to confirm your decision or STOP to cancel your decision. If you select no, then we will present alternative methods to subscribe to PrivacyStar.
- If you respond YES, then PrivacyStar will notify your mobile phone carrier that you wish to be billed $2.99 per month on your mobile phone bill. If you do not respond to the text message you will not be billed and your PrivacyStar services will no longer function. Billing will start within 48 hours and be included on your next billing from your mobile phone provider.
- At any time, you may cancel your subscription by clicking on PrivacyStar icon on your device, pressing the menu button and selecting the billing information option. From that screen, you may select CANCEL and we will immediately terminate your service and stop all future billing to your mobile phone bill. You will not be able to use the PrivacyStar service. You may also cancel by going to http//privacystar.com and sending an email to support@privacystar.com and we will immediately cancel your subscription. It may take up to 48 hours for your request to be processed.
- Any billing questions should be directed to support@privacystar.com and we will respond within 48 hours.
- Any support questions should be directed to support@privacystar.com and we will respond within 48 hours.
Full Terms and Conditions – ALL USERS
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the PrivacyStar™ website, including any associated services provided known as PrivacyStar that may be downloaded to your mobile phone device, located at www.privacystar.com, and all associated sites linked to www.privacystar.com by First Orion Corp., its subsidiaries and affiliates, including PrivacyStar™ sites around the world (collectively, the “Site”). The Site is the property of First Orion Corp. (“First Orion”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
First Orion reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, First Orion grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to First Orion, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without First Orion’s express prior written consent.
You may use information on First Orion products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by First Orion for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. First Orion reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any First Orion server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of First Orion, including any First Orion account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or First Orion’s systems or networks, or any systems or networks connected to the Site or to First Orion.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to First Orion on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of First Orion or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site shall control with respect to your use of that portion of the Site or the specific service.
First Orion’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
First Orion may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and First Orion makes no commitment to update the materials on the Site with respect to such products and services.
The terms and conditions for First Orion products and services, including but not limited to PrivacyStar for BlackBerry Terms of Service Agreement, also govern and apply to your use of the Site, and they are incorporated herein by this reference. Such terms and conditions may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a First Orion ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify First Orion immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by First Orion or any other user of or visitor to the Site due to someone else using your First Orion ID, password or account.
You may not use anyone else’s First Orion ID, password or account at any time without the express permission and consent of the holder of that First Orion ID, password or account. First Orion cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
First Orion’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Any and all information (including sensitive information, personal information, and personally identifiable information) you enter into, post or otherwise transmit to the Site may be transmitted to or from the United States for processing, storage or other purposes.
Links to Other Sites and to the First Orion Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under First Orion’s control, and First Orion is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
FIRST ORION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FIRST ORION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FIRST ORION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIRST ORION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FIRST ORION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FIRST ORION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
First Orion reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will First Orion be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if First Orion has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, First Orion is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, First Orion’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site you paid First Orion for in the three months prior to the date of the initial claim made against First Orion (but not including the purchase price for any First Orion hardware or software products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold First Orion, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against First Orion by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
First Orion may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) First Orion’s rights or property, or the rights or property of visitors to or users of the Site, including First Orion’s customers. First Orion reserves the right at all times to disclose any information that First Orion deems necessary to comply with any applicable law, regulation, legal process or governmental request. First Orion also may disclose your information when First Orion determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that First Orion may preserve any transmittal or communication by you with First Orion through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or First Orion determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of First Orion, its employees, users of or visitors to the Site, and the public.
You agree that First Orion may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to First Orion, for which monetary damages would be inadequate, and you consent to First Orion obtaining any injunctive or equitable relief that First Orion deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies First Orion may have at law or in equity.
You agree that First Orion may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If First Orion does take any legal action against you as a result of your violation of these Terms of Use, First Orion will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to First Orion. You agree that First Orion will not be liable to you or to any third party for any full or partial termination of your access to the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Arkansas USA without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of Arkansas USA and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between First Orion and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
First Orion administers and operates the www.privacystar.com Site from its location in Conway, Arkansas USA; other First Orion sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the continental United States. First Orion reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States (i) you do so at your own initiative and you are solely responsible for complying with applicable national, federal, state, provincial or local laws; and (ii) you represent, warrant and covenant that you have obtained all consents necessary under applicable law from individuals to transmit and disclose any and all information (including personal information or personally identifiable information) you enter into, post or otherwise transmit to the Site for disclosure and use by First Orion, its affiliates, agents, assigns, licensors and/or contractors.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and First Orion with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and First Orion with respect to such use are hereby superseded and cancelled. First Orion will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. First Orion’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by First Orion of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between First Orion and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. First Orion shall be free to use such information on an unrestricted basis.
Contact and Violations
Please direct any notices or reports of violations of the Terms of Use to our legal team by sending us paper mail to:
First Orion, Corp.
Attention: Legal Team
1052 Harrison Street, Suite 6
Conway, AR 72032 U.S.A.
The information contained in this web site is subject to change without notice.
Copyright © 20010 First Orion Corp. All rights reserved.
First Orion Corp., 1052 Harrison Street, Suite 6, Conway, Arkansas 72032, USA.
Updated by the First Orion Legal Team on 6/11/10
