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					November 20, 2009

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3gforfree.com Terms and Conditions

1. Acceptance.
By using 3gforfree.com, you agree to be bound by and to comply with these Terms and Conditions ('Terms'), including updated versions of these Terms, and any other posted guidelines or rules. All these guidelines and rules are incorporated by reference into these Terms. 3gforfree.com would not make the 3gforfree Services available unless all the Terms are agreed to by all users. You acknowledge and agree that 3gforfree may terminate your access to the 3gforfree.com Service with or without notice if you do not comply with the Terms.

2. Content.

a. 3gforfree.com Does Not Screen Content! 3gforfree.com does not pre-screen Content posted on the 3gforfree.com Service. 3gforfree.com may remove Content pursuant to the procedures described in these Terms. Please keep in mind that 3gforfree.com does not and has not screened any content on the site.

b. Responsibility for Content. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ( 'Content '), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity posting that Content. You agree that you, and not 3gforfree.com, are entirely responsible for all Content that you upload, post, send to your mobile phone, email or otherwise transmit via the 3gforfree.com Service; and that you either own or have sufficient rights in the Content to perform such action. The 3gforfree.com Service does not control Content posted on the 3gforfree Service, and does not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that 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.

c. License to Content. With respect to any Content posted by or in connection with the 3gforfree.com Service, you grant 3gforfree.com a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the 3gforfree.com Service. Such license shall apply with respect to any form, media, or technology now known or later developed.

3. Registration and Privacy.
Use of the 3gforfree.com Service, including sending content to mobile phones, requires that users provide certain data, entered in forms on the 3gforfree.com Service, in registration pages, or otherwise ( 'Data '). In consideration of use of the 3gforfree.com Service, in providing Data, you represent and warrant that the information is true, accurate, current, and complete (apart from optional items). 3gforfree.com reserves the right to use and reuse all registration and other personally identifiable user information subject to the 3gforfree.com Privacy Policy then in effect.

4. Passwords and User IDs.
You are responsible for maintaining the confidentiality of any password and user ID issued to you, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify 3gforfree.com of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. The 3gforfree.com Service cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

5. Prohibited Conduct.
a. You agree that you will not use 3gforfree.com Service to upload, post, email, otherwise transmit, or post links to any Content, that:
- you do not have the legal rights to (either by ownership or by having a valid license)
- violates or misappropriates any intellectual property right, including copyright, trademark, trade secret, and patent rights
- is illegal under applicable law or regulation or promotes illegal activity
- violates any contractual, employment, or fiduciary relationship (including obligations to keep information confidential) you are subject to

b. You agree not to use the 3gforfree.com service in a manner which is abusive or harassing to any other user.

c. You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes.

d. You agree not to impersonate any person or entity, including, but not limited to, an 3gforfree.com official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information in the header, footer, return path, or any part of any communication.

e. You agree not to engage in any activity which may compromise the stability or availability of the 3gforfree.com Service or use the 3gforfree.com Service to compromise the availability or stability of any third party site or service.

f. You agree not to use the 3gforfree.com Service for any unsolicited advertising or promotions.

g. You agree not to upload, post, email, otherwise transmit, or post links to any Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the 3gforfree.com Service or any third party software, site, equipment or service.

h. You may not use automated means, including spiders, robots, crawlers, or the like to download data from any 3gforfree.com Service database.

i. You may not circumvent any security measures or any payment collections methods employed on the 3gforfree.com Service, or access the 3gforfree.com Service after your account or access has been terminated by 3gforfree.com.

j. You may not decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the 3gforfree.com Service.

6. Objectionable Materials.
You acknowledge and agree that by using the 3gforfree.com Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 3gforfree.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the 3gforfree.com Service.

7. Disclosure.
You expressly acknowledge and agree that 3gforfree.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 3gforfree.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the 3gforfree.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by 3gforfree.com with regard to its users may be disclosed in accordance with 3gforfree.com's Privacy Policy.

8. Responsibility for Minors.
Be aware that while the 3gforfree.com Service is intended for general audiences, because users are responsible for posting content, adult material may appear on the 3gforfree.com Service from time to time, and as such where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There may also be other areas of the 3gforfree.com Service not open to persons under 18 years of age, or require parental consent for access (sorry - it's the law!).

In cases where you have authorized a minor to use the 3gforfree.com Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. YOU ACKNOWLEDGE THAT SOME AREAS OF THE 3GFORFREE.COM SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

9. Your Representations, Warranties and Indemnities.
You represent and warrant that (a) all Content is either an original work, created by you, or licensed to you under a valid license granting you sufficient rights to use the Content on the 3gforfree.com Service, and (b) your use of the 3gforfree.com Service does not infringe any third party intellectual property, proprietary, or other rights.

PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM COPYRIGHTED WORKS WITHOUT LICENSE IS A VIOLATION OF THESE TERMS AND IS STRICTLY PROHIBITED.

By using the 3gforfree.com Service you agree to indemnify 3gforfree.com, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from (a) your use of the 3gforfree.com Service, (b) or your submission of ideas and/or related materials to the 3gforfree.com Service, (c) from any person's use of any account or password you maintain with the 3gforfree.com Service regardless of whether such use is authorized by you, and (d) any breach of these Terms.

10. Release.
By using the 3gforfree.com Service, you are hereby agreeing to release 3gforfree.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the 3gforfree.com Service or to any disputes regarding use of materials submitted to the 3gforfree.com Service.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. '

11. Disclaimer of Warranties.
THE 3GFORFREE.COM SERVICE IS PROVIDED 'AS IS, ' WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, 3GFORFREE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE 3GFORFREE.COM SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, 3GFORFREE.COM DISCLAIMS ANY WARRANTIES FOR INFORMATION, DATA, CONTENT, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 3GFORFREE.COM SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE 3GFORFREE.COM SERVICE ( 'MATERIALS ').

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3GFORFREE.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE MATERIALS. 3GFORFREE.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY MATERIALS. 3GFORFREE.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. 3GFORFREE.COM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MATERIALS PAGES OR ANY STORAGE OF MATERIALS OFFERED BY 3GFORFREE.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 3GFORFREE.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, NETWORK, AND EQUIPMENT AS WELL AS ANY LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent they are prohibited by law.

12. Limitation of Liability. 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL 3GFORFREE.COM OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING YOU) OR THIRD PARTY ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE 3GFORFREE.COM SERVICE OR MATERIALS.

SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF 3GFORFREE.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

3GFORFREE.COM'S ENTIRE LIABILITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED THE GREATER OF $500 OR THE AMOUNTS RECEIVED FROM THE INDIVIDUAL USER IN THE PRECEDING 12 MONTHS.

UNDER NO CIRCUMSTANCES SHALL 3GFORFREE.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, certain limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

13. No Implied License; Intellectual Property.
Except as expressly permitted in these Terms, nothing within the 3gforfree.com Service shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the 3gforfree.com Service is protected by copyright, trademark, patent, or other proprietary rights of 3gforfree.com and its affiliates, licensors, and service providers, as well as other 3gforfree.com users. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by 3gforfree.com in connection with the 3gforfree.com Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by 3gforfree.com. You agree not to use any of the trademarks or service marks or other Content accessible through the 3gforfree.com Service for any purpose other than the purpose for which such Content is made available to users by 3gforfree.com. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the 3gforfree.com Service or any software or programs used in connection with the 3gforfree.com Service.

14. Submissions of Ideas.
3gforfree.com is always improving its offerings and developing new features. If you have ideas regarding improvements or additions to the 3gforfree.com Service, we would like to hear them -- but any submission will be subject to these Terms. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO 3GFORFREE.COM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO 3GFORFREE.COM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO 3GFORFREE.COM THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT 3GFORFREE.COM IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY 3GFORFREE.COM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

15. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the 3gforfree.com Service or the inclusion of any Content in the 3gforfree.com Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

16. Governing Law and Forum for Disputes.
All legal issues arising from or related to the use of the 3gforfree.com Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms or any user's use of the 3gforfree.com Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof.

Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any user's use of the 3gforfree.com Service. By using the 3gforfree.com Service and thereby agreeing to these Terms, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

17. Changes in Terms and 3gforfree.com Service.
3gforfree.com reserves the right to modify the 3gforfree.com Service from time to time, for any reason, and without notice, including the right to terminate the 3gforfree.com Service. 3gforfree.com reserves the right to modify these Terms from time to time, without notice. Please review these Terms from time to time so you will be apprised of any changes.

18. Integration.
These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between 3gforfree.com and you with respect to the subject matter hereof.

19. Non-Waiver and Severability.
3gforfree.com's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. If a tribunal of competent jurisdiction holds any provision of these Terms to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms remain in full force and effect.

20. Independent Contractors.
You acknowledge and agree that you and 3gforfree.com are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

21. No Assignment.
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms without prior express written authorization of 3gforfree.com.

22. Successors and Assigns.
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

23. Termination and Survival.
These Terms shall continue in effect for as long as you use the 3gforfree.com Service, unless specifically terminated earlier by 3gforfree.com. All provisions of these Terms which impose obligations continuing in their nature shall survive termination of these Terms.

24. Communications with Users.
You agree that you may receive notices from 3gforfree.com by any of the following methods: by email, SMS or other message to your mobile number, by postal mail, or by notice posted on the 3gforfree.com Service. 3gforfree.com reserves the right to communicate with you regarding your use of the 3gforfree.com Service.

25. Export Control.
Certain software, and related documentation or technical information, available through the 3gforfree.com Service is subject to applicable laws and regulations of the United States pertaining to export controls. By using or downloading such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

26. Amendments and Modifications
3gforfree.com reserves the right to amend the information, services, and/or content of this Service at any time without prior notice. The information and materials contained in this Service, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. If you use this Service after we post changes to the terms, you agree to accept the changed terms. 3gforfree.com expressly reserves the right to monitor any and all use of this Service.

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