This Document describes the terms on which you may access and use the vufone™ services and the www.vufone.com website (the "Website") and governs the respective covenants thereto. In order to become a vufone user, you must carefully read and accept all of the terms and conditions of this document and the Privacy Policy. If these conditions are inconsistent with the terms in this Terms of Use document, these Terms of Use will control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. Your continued use of the vufone service indicates your acceptance of the amended User Agreement.

In this Agreement, all references to "you" shall mean the user using the vufone Services (as defined herein).

The vufone service offers the ability to synchronize your mobile phone with the web. This synchronization enables you a) to manage content from your phone online on vufone.com and vice versa, b) to share content from your phone or PC with others, and c) access your data through any various medium or device now known or hereafter developed (the "Service"). The service is operated, managed and developed by NewACT.

This Service is generally free. Some additional features, however, will be paid-for services. It will be specific and clear whenever you use a paid-for service and you will have to specifically agree to any such service. NewACT can change which services are charged for with a 30 days notice announced in a clearly visible place at vufone.com. Even though the Service in general is free to use, all rates from your mobile operator for uploading and downloading data (contacts, calendar, SMS, media etc.) and sending messages still apply. It is your responsibility to check with your mobile operator to identify and evaluate these rates.

If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. Use of the Service requires one or more compatible devices. It is your responsibility to check the list of supported devices in www.vufone.com/devices. NewACT may update or change the list of supported devices at any given time. NewACT may post notice of any such change that affects you by email. The term of this agreement will start upon your registration to the Service and will terminate upon you or NewACT de-register you from the Service. This Agreement terms will apply to the Service, the Web-site, the Client Software and to any future services offered by NewACT on the vufone service.

Your privacy is very important to us. To better protect your rights we have provided the vufone Privacy Policy to explain our privacy practices in detail. Please review our Privacy Policy at www.vufone.com/privacy, which also governs your visit to our Website, as well as the conditions of its use. In the event of any inconsistency between the vufone Privacy Policy and this Website Terms of Use Agreement, the Terms of Use Agreement shall control.

Your data will remain at all times at your responsibility and ownership. You may be needed to disclose or allow access to part of your data in order to use the Service.

You must be old enough to enter into a binding legal obligation. These Terms of Use are a binding Agreement between you and NewACT. By using the vufone service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms of Use. You must have the legal rights in your account for the purpose of any fee or charges required by the Service.

The vufone Service is not available to any users suspended or removed from the system by us for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their account to another party. If you do not qualify, you may not use the vufone Service.

You must obtain at all time an eligible E-mail address and update your E-mail address at the Web-site in the event you change your E-mail address.

Your use of the vufone service is governed by this Agreement. NewACT may refuse service without prior notice to any user for any or no reason. In the event you terminate your Membership, de-registered from the Service or your account is terminated by NewACT, all your data will be erased from the Web-site.

YOUR USE OF THE SERVICE INVOLVES THE TRANSMISSION OF DATA TO AND FROM YOUR MOBILE PHONE, WHICH MAY BE SUBJECT TO CARRIER DATA CHARGES. REVIEW YOUR WIRELESS PLAN BEFORE USING THE SERVICE. NEWACT WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES INCURRED IN CONNECTION WITH THE VUFONE SERVICE.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify NewACT of any unauthorized use of your password or account or any other breach of security. NewACT cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You understand and agree that your use of the NewACT Services or any engagement you have or will have with NewACT, is strictly intended not to include certain conducts which are defined herein as prohibited by NewACT, and any such use shall be considered a breach of this Agreement, thus granting NewACT the right to immediately terminate this Agreement and your user status and pursue any other right or remedy allowed by law.

Please exercise respect when participating in any of vufone's community features such as forums, blogs, email functions, etc. (if so applicable and as might be altered from time to time), and when using file transfer or any other feature of the vufone Services.

The prohibited conduct you hereby agree to abide shall include but is not limited to the following:

1. Posting of content or initiation of communications which are unlawful, defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory, an invasion of privacy, harmful to a minor or otherwise infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party.
2. Use the Service for any illegal purpose, including but not limited to conspiring to violate laws.
3. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
4. Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
5. Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, sending unsolicited promotional messages to those direct connections without their permission, "junk mail", "spam", "chain letters", "pyramid schemes", and related dealings or any other form of solicitation. This prohibition additionally includes but is not limited to (a) using vufone invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) Using vufone to connect to people who don't know you and then; and (c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Stalk or harass anyone.
9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the vufone service.
10. Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
11. Interfere with or disrupt the vufone Service or servers or networks connected to the vufone Service, or disobey any requirements, procedures, policies or regulations of networks connected to the vufone Service.
12. Make any commercial use of the Web-site, Web-site content, Service or Software.
13. Hack or in any way harm the Web-Site or the Service.
14. Attempt to reverse engineer, decompile or disassemble the vufone service, software or any portion thereof, nor otherwise attempt to create or derive the source code.

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In the course of using the vufone Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy at www.vufone.com/privacy to learn more about information collected by the vufone service). You understand that by posting materials on the vufone service or otherwise providing materials to NewACT, you are granting to NewACT a royalty-free, perpetual, irrevocable license to use this information in the course of offering the vufone service. Furthermore, you understand that NewACT retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the vufone Service is the sole responsibility of the person from which such content originated and that NewACT will not be liable for any errors or omissions in any content. You understand that NewACT cannot guarantee the identity of any other users with whom you may interact in the course of using the vufone Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

You understand that NewACT cannot guarantee the completeness of any data which you provide or synchronize with the Service.

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the NewACT Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

When you visit the vufone web site or send e-mails to us, you are communicating with NewACT electronically. In the course of providing you services, NewACT may need to communicate with you via email and or SMS (see our Privacy Policy at www.vufone.com/privacy) to learn more about communications) or by posting notices on this Website. You agree to receive emails which are specific to your account and necessary for the normal functioning of the vufone Service and periodical emails that update you on recent news and events related to the vufone service, including a series of welcome emails which help inform new users about various features of the vufone Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the vufone Service. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

Within the context of the vufone service, NewACT may provide links to other websites that we feel are relevant and interesting to our users ("Link Sites"). NewACT is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

The vufone name and logo, the NewACT name and logo, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of NewACT in the United States and/or other countries. You agree not to use NewACT's trademarks and trade dress in connection with any product or service that is not the vufone or NewACT Services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the vufone service or NewACT. All other trademarks not owned by NewACT that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NewACT.

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NewACT or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of NewACT and protected by United States and international copyright laws. All software used on this site is the property of NewACT or its software suppliers and protected by United States and international copyright laws.

One or more patents or pending-patents owned by NewACT might apply to this Website and to the features and services accessible via the Website. Some portions of this Website might operate under license of one or more patents.

Immediately upon receipt of notice, NewACT will investigate complaints relating to potential copyright infringement and take appropriate actions if so required by the applicable laws. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website or on Link Sites, please notify NewACT immediately.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (ii) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) information sufficient to permit NewACT to contact you, such as your telephone number, and email address; (v) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement, turn to our Contact Us page at www.vufone.com/contact.

NewACT reserves the right at its sole discretion to monitor activities and content associated with the vufone Services, but it not obligated in any way to do so or to provide any assurance as to the nature of these activities and content. Furthermore, NewACT does not undertake to have the ability to, control or actively monitor content and therefore does not guarantee its accuracy, integrity or quality. You acknowledge and agree that in the process of using our Website you may be exposed to content that you find offensive or objectionable, and that this exposure might be the cause of variation between community standards, incompliance by certain individuals with our policies and practices and the like, all being situation which might be outside NewACT's reach. If such situations arise, we would kindly ask you to promptly contact our Customer Service Department to let us know of content that you find objectionable. NewACT may investigate the complaints and violations of our policies that come to our attention and may take any action that NewACT believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, due to the great variation between situations and interpretations, You acknowledge and agree of NewACT's right at its sole discretion not to take any action. Under no circumstances will NewACT be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless NewACT, its officers, employees, agents, subsidiaries, affiliates, co-branders, other partners and employees from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (a) your use of the vufone Service; (b) unauthorized access to or alteration of your communications with or through the vufone Service; or (c) any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Website, your use of the Website, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. Any business transactions which may arise between users from their use of the vufone service are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that NewACT may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of the vufone service, NewACT, its users, and the public.

Except as expressly provided otherwise in a written agreement between you and NewACT, you acknowledge and agree that the vufone Services are provided on an "as is" and "as available" basis and without warranties of any kind either expressed or implied. You further acknowledge and agree that NewACT does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. NewACT assumes no responsibility for the accuracy or existence of any communications between users. To the fullest extent permissible pursuant to applicable law, NewACT hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

NewACT makes no warranty that (i) the vufone service will meet your requirements, (ii) the vufone service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the vufone service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the vufone service will meet your expectations, and (v) any errors in the software will be corrected.

Any material downloaded and software installed or otherwise obtained through the use of the vufone service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from NewACT or through or from the vufone service shall create any warranty not expressly stated in this user agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

The User Agreement constitutes the entire agreement between you and NewACT and governs your use of the vufone Services.

NewACT may update or change these Terms of Use from time to time and recommends that you review the Terms of Use on a regular basis. You can review the most current version of the Terms of Use at any time at www.vufone.com/terms. If NewACT makes a change to the Terms of Use, it will post the revised Terms of Use on our website at the link as herein noted. You understand and agree that your continued use of the vufone Service after the Terms of Use has changed constitutes your acceptance of the Terms of Use as revised. Without limiting the foregoing, if NewACT makes a change to the Terms of Use that materially impacts your use of the Service, NewACT may post notice of any such change on our website and/or email you notice of any such change to your vufone account.

You expressly understand and agree that under no circumstances NewACT shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use or the inability to use, data and materials or other intangible losses (even if newact has been advised of the possibility of such damages) relating to the vufone Services, the vufone web site, the vufone software or any other service related to vufone and damage to your computer or cellular device caused by install or use of plug-ins (software) downloaded from the vufone web site. Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. No advice or information, whether written or oral, obtained by you from NewACT or from or through the vufone web site shall create any warranty not expressly stated in the terms of use.

You agree that NewACT may, with or without cause, immediately terminate your vufone account and access to the vufone Service without prior notice. Without limiting the foregoing, NewAct will have the right to cause the termination of a certain user's use of the vufone Service, at any of the following conditions: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other governmental authorities, (c) a request by you, as a user of the vufone services (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your vufone account includes removal of access to all offerings within the NewACT Service and may also bar you from further use of the vufone Service. Furthermore, you agree that all terminations shall be made in NewACT's sole discretion and that NewACT shall not be liable to you nor any third-party for any termination of your account or access to the vufone Service.

This Agreement between you and NewACT shall be governed by and construed according to the laws of the United Kingdom, without regard to the conflict of laws provisions thereof. Any dispute arising under or in relation to this Agreement shall be resolved exclusively in the competent court located in London, UK, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of such courts.

The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

To contact us go to www.vufone.com/contact or send e-mail to info@vufone.com

Updated: 6 November, 2008