Effective January 1st, 2008

Thanks for using BouncePhone! This agreement ("Agreement") is a contract between you and BouncePhone, Inc. ("BOUNCEPHONE"). By visiting or using the BOUNCEPHONE web site (s) (www.BouncePhone.com) , (www.BouncePhone.com/newsalerts) or by completing the registration process to use the BOUNCEPHONE Subscription services (collectively, the "Services" or "BOUNCEPHONE Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").

You must be at least thirteen (13) years of age to use the BOUNCEPHONE Services. Any person who provides their information to BOUNCEPHONE through the account registration page for new customers or any other part of the BOUNCEPHONE site represents to BOUNCEPHONE that they are 13 years of age or older. If you are between 13 and 17, you agree that you received parental permission both to complete the registration process and to download content to your cell phone.

If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. BOUNCEPHONE reserves the right to deny registration of any individual to the BOUNCEPHONE Services and to deny access to this website to any individual.

BOUNCEPHONE is operated by BouncePhone Inc. at THE BOUNCEPHONE SERVICE & BILLING INFORMATION

BOUNCEPHONE's current rates: Text Message Subscription Services– $.99/mo.

Alternative payment plans may be offered from time to time and will be posted on this page. Your subscription price is posted on the page where you signed up.

The BOUNCEPHONE Website offers Text Message Services (the "Downloads"). You may purchase the Downloads through the BouncePhone Subscription Service where you will receive multiple Downloads according to a specified schedule ("Subscriptions"). Once fully registered and after making payment or being subscribed to the Service, you will be text messages the service you requested.

The Text Message Subscription Services ("Text Services") are available on the BOUNCEPHONE Website. The Text Services include news which will be delivered to your phone on a weekly basis. These Text Services are provided to BouncePhone account holders by BouncePhone Inc. and are billed by the BouncePhone Subscription Service. Normal carrier charges (WAP, MMS, GPRS, SMS) and taxes may apply for subscriptions and account related text messages.

The Subscription Services– By registering for a Subscription Service or Text Services you authorize BOUNCEPHONE to bill your mobile telephone invoice. Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. If you cancel your Subscription for any reason, BOUNCEPHONE will not refund any of your fees. Monthly subscribers are billed on a 30&–day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your telephone bill will be charged on the first day of each Billing Cycle. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply.

You agree that if any attempt to bill you for your subscription fails for any reason, including non&–payment by you or errors on the part of your mobile telephone company, BOUNCEPHONE reserves the right to re&–bill you for any outstanding fees.

Text Message Communications – You expressly agree to receive communications from BouncePhone by text message (SMS), including our promotional messages for other services. You may stop receiving promotional text messages by emailing your request to opt–out, along with your cell phone number or following the opt–out instructions in the text message. You may not opt out of service–related text messages. You may receive your password confirmation text message multiple times until you complete the sign&–up process. If you would like to stop receiving the password confirmation text messages, you may contact us at support@BouncePhone.com.

Email Communications – You also agree to receive promotional and account related email communications from BouncePhone. You may unsubscribe from promotional email communications by unsubscribing here.

Right to Change Fees– All fees are subject to change upon notice from BOUNCEPHONE. BOUNCEPHONE will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription.

Taxes– BOUNCEPHONE reserves the right to collect applicable taxes for certain features of the Service.

Expiration of License– BOUNCEPHONE's rights to make available certain Downloads to you may expire. In such event, BOUNCEPHONE will cease delivering a playback license to you after the end of the period in which such rights expire. BOUNCEPHONE will not refund any portion of your fees, but you may contact customer support at support@BouncePhone.com to receive a discount on a different service.

Help– Text 'HELP' to 99899 for text information on your BOUNCEPHONE Subscription Service. Text 'HELP' to 99899 for text information on your BouncePhone Transactional Service.

1. CANCELLATION & TERMINATION

Cancellation —You can cancel any BouncePhone Subscription Service by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 99899.

Text Services can also be cancelled by submitting a request to BouncePhone at http://www.BouncePhone.com/unsubscribe.html

Cancellation for subscribers will take effect immediately and all unused messages will be forfeited. Services are not pro—rated for mid—month cancellations. BOUNCEPHONE will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at support@BouncePhone.com.

Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, BOUNCEPHONE will not refund any fees.

Termination —The permission to access and use your BOUNCEPHONE account shall automatically terminate if you are in breach of any of the Terms. BOUNCEPHONE reserves the right, in its sole discretion, to suspend or terminate your access to to the Services or BouncePhone Site for any reason at any time without notice, including in the event that you breach or act inconsistently with (or BOUNCEPHONE reasonably suspects that you have breached or acted inconsistently with) any provision of the Terms. BOUNCEPHONE shall have no liability or responsibility to you for termination or suspension of your access or use. No portion of your fees will be refunded.

Disputes —Your sole right and remedy with respect to any dispute with BOUNCEPHONE is to cancel your account. Disputes may include, but are not limited to, disputes related to or arising out of: The Terms of Service or any policy or practice of BOUNCEPHONE, including its Privacy Policy, or BOUNCEPHONE's enforcement or application of the same; The Downloads or the Subscriptions; Your use or access to the Service or Subscriptions; and the BOUNCEPHONE billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.

2. ACCEPTABLE USE OF BOUNCEPHONE

By downloading and using the BOUNCEPHONE Downloads and/or Subscription Services, you agree that BOUNCEPHONE grants you a non—exclusive, non—transferable, revocable right to use the Downloads or Services on your compatible device for your own non—commercial use only. Your use of the BOUNCEPHONE Services means you also agree to the following acceptable use policies:

Personal Use Only —The Service is for your personal use. You understand and agree that you may not resell, transmit or re—transmit, broadcast or re—broadcast or make any commercial use of the Service, including the Downloads and Subscriptions. For example, you may not copy or distribute the Service or the Downloads or the Subscriptions in any manner not expressly authorized by the Service. If you want to make commercial of the BOUNCEPHONE Services, you must enter into an agreement with BOUNCEPHONE to do so in advance. Please contact us for more information.

Registration and your Personal Information —In order to use BOUNCEPHONE, you must register and provide personal information such as your name and wireless device number to BOUNCEPHONE ("Personal Information"). BOUNCEPHONE will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service. For additional information regarding BOUNCEPHONE's collection, use and disclosure of your personal information, please refer to BOUNCEPHONE's Privacy Policy, a copy of which is available at Privacy Policy.

Objectionable or Explicit Content —BOUNCEPHONE is not responsible to you for any content or materials constituting all or part of any Download or Subscription or any other aspect of the Service that you might find objectionable.

International Use —BOUNCEPHONE is hosted in the United States and is intended only for use in the United States. You agree that you will use the Service only in the United States. At this time, BOUNCEPHONE's services are not available to overseas visitors.

Intellectual Property Rights —The Text Services made available as part of the Service are owned by BOUNCEPHONE, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the BOUNCEPHONE Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads or Text Services except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Text Services.

"Bots", Hacking and Other Unauthorized Use —Users of BOUNCEPHONE may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any BOUNCEPHONE Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads and the Subscriptions. You may not use any web robots (bots'), web crawlers, data—mining, or similar applications to submit gather and extract data from, or otherwise use the BOUNCEPHONE Services. You agree to advise BOUNCEPHONE promptly of any such unauthorized use(s) or attempt(s).

Customer Support —Please direct any questions concerning the Service or any other BOUNCEPHONE—related issue, to a BOUNCEPHONE customer service representative by e—mail at: support@BouncePhone.com.

3. THIRD PARTY CONTENT APPEARING ON THE BOUNCEPHONE SITE

Links and Advertisements —The BOUNCEPHONE website contains links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, BOUNCEPHONE cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third—party advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third—party. You agree that BOUNCEPHONE and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.

BouncePhone Promotions —From time to time BOUNCEPHONE may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any BOUNCEPHONE promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third—party. You agree that neither BOUNCEPHONE nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.

4. BOUNCEPHONE PROPRIETARY RIGHTS

General —Your use of the Service, Downloads and Subscriptions is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the BOUNCEPHONE website, such as the Downloads, Subscriptions, text, graphics, logos, button icons, images, data compilations, and software, is the property of BOUNCEPHONE or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of BOUNCEPHONE and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end—user license agreements.

Trademark Information —All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of BOUNCEPHONE and/or its affiliates, licensors and/or licensees. Without BOUNCEPHONE's prior permission, you agree not to display or use in any manner the BOUNCEPHONE' marks.

5. GENERAL TERMS

Applicable Law —These Terms of Service and your use of the Service, including the Downloads and the Subscriptions, will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. You expressly consent that the state or federal courts of New York County, New York shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving BOUNCEPHONE or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.

Severability of Terms —If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.

Entire Agreement —These Terms constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by BOUNCEPHONE. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Assignment of Terms —These Terms may not be assigned by any user of BOUNCEPHONE. These Terms may be assigned by BOUNCEPHONE and shall inure to the benefit of BOUNCEPHONE, its successors and assigns.

BOUNCEPHONE's Remedies —You agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to BOUNCEPHONE and/or its affiliates or licensors for which money damages would be inadequate. In such event BOUNCEPHONE its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that BOUNCEPHONE, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.

Indemnity —By using the BOUNCEPHONE Services, you agree to indemnify and hold BOUNCEPHONE, its affiliates, employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Service, including the Downloads and the Subscriptions, your violation of these Terms, or your violation of any rights of another party.

6. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES – BY USING THE BOUNCEPHONE SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE BOUNCEPHONE SERVICES, AND ALL DOWNLOADS, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE BOUNCEPHONE SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES BY BOUNCEPHONE OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "BOUNCEPHONE ENTITIES"). BOUNCEPHONE AND THE BOUNCEPHONE ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON—INFRINGEMENT OF PROPRIETARY RIGHTS.

BOUNCEPHONE AND THE BOUNCEPHONE ENTITIES DISCLAIM ANY WARRANTIES THAT THE SERVICE, OR THE SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR—FREE. BOUNCEPHONE AND/OR THE BOUNCEPHONE ENTITIES, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE DOWNLOADS OR THE SUBSCRIPTIONS WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF THE BOUNCEPHONE SERVICES. BOUNCEPHONE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE BOUNCEPHONE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE, MOBILE PHONE SERVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU WILL NOT HOLD BOUNCEPHONE AND/OR THE BOUNCEPHONE ENTITIES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO BOUNCEPHONE AND/OR THE BOUNCEPHONE ENTITIES AS APPLICABLE. BOUNCEPHONE AND THE BOUNCEPHONE ENTITIES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BOUNCEPHONE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BOUNCEPHONE SERVICES.

LIMITATION OF LIABILITY – UNDER NO CIRCUMSTANCES, SHALL BOUNCEPHONE AND/OR THE BOUNCEPHONE ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, THE DOWNLOADS AND/OR THE SUBSCRIPTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BOUNCEPHONE OR THE BOUNCEPHONE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE DOWNLOADS OR SERVICES, OR FROM THE INTERRUPTION, NON—PERFORMANCE, SUSPENSION, OR TERMINATION OF THE BOUNCEPHONE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF BOUNCEPHONE AND/OR THE BOUNCEPHONE ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON THE BOUNCEPHONE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BOUNCEPHONE SERVICES.

WITHOUT LIMITING THE FOREGOING, BOUNCEPHONE OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.

EXCLUSIONS AND LIMITATIONS – SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

7. CHANGE IN TERMS AND CONDITIONS AND BOUNCEPHONE SERVICES

BOUNCEPHONE may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. If you would like to receive email notice when the Terms of Service are updated, please send an email to support@BouncePhone.com. If you cannot comply with the amended Terms, your only remedy is to cancel your BOUNCEPHONE Subscription and/or not use the Service.