Copyright © 2004 - 2010  Cell Pages All rights reserved.

PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT CAREFULLY BEFORE USING THE CELLPAGES SITE. BY USING THIS WEB SITE, OR ANY PRODUCT OR SERVICE OFFERED ON THIS WEB SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL POLICIES, GUIDELINES AND AGREEMENTS INCORPORATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE CELLPAGES SITE.

Introduction.  Welcome to Cellpages.com the free cellphone number directory website. Cellpages.com (the "WEBSITE") is owned by Cell Pages (the "OWNER"), who is extending the services described herein; via the website, by which means these services are made available. For the purpose of this agreement the "WEBSITE" and the "OWNER" shall be referred to as "Cellpages".

Registration.  To ensure your security Cellpages employs a "Confirmed Opt-In (also called double opt-in)" enrollment system. Confirmed Opt-In is the process by which each new member is sent an "authentication" text-message requesting that he or she confirm the intention to list. Affirmative action must be taken to activate the subscription. This process is often called "double opt-in" by marketers. The logic is the recipient must perform two actions to join a list. Many in the anti-spam community call it "confirmed opt-in," considering closed-loop confirmation an absolute requirement of opt-in. The reasoning is without confirmation (by email, text-message, or other assured mechanism) the opt-in request is unsafe and unreliable. Conversely; with conformation the opt-in request is safe and reliable.

As a potential user and/or "Registered member" of Cellpages, you understand and agree to the following: (i) to register, you must submit a valid cellphone number and e-mail address and create a password during the registration process; (ii) you are responsible for maintaining the confidentiality of your account information and password, and all uses of your account, regardless of whether or not you've authorized such use; (iii) you agree to notify Cellpages immediately of any unauthorized use of your account.

Good Faith Registration Period.  As a potential "Registered member" of Cellpages, you understand and agree that you may not and will not join in membership with Cellpages, access membership priviledges and subsequently terminate your membership within thirty (30) days of your initial registration date. Therefore, you understand and agree that although you may unlist at any time, in accord with this policy your listing information will not be removed until this thirty day Good Faith Registration Period is fulfilled.

Term.  This Agreement will remain in full effect, unless otherwise stated by Cellpages, its affiliates or Joint Ventures while using any/or all of the Web site services and/or are a Registered member. You may terminate your membership at any time, for any reason by simply logging-in and selecting unlist from the Members drop-down menu. Cellpages may terminate your membership for any reason, at any time. If Cellpages terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees if such fees are applicable. This Agreement shall remain in effect indefinitely, including post termination of membership.

Eligibility.  Due to the Children's Online Privacy Protection Act of 1998 (which is available at  http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to register as a member of Cellpages or use the Web site. You must have parental consent to register as a member of Cellpages or use the Web site if under eighteen (18) years of age. Membership, access and all applications in the Service are void where prohibited. By using the Web site and/or any services you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Cellpages complies with the Children's On-line Privacy Protection Act of 1998 and therefore does not market to children under the age of thirteen.

Description of Services.  Cellpages provides "members" with the ability to access a "User Opted" Mobile Phone Directory consisting of the contact information of other Cellpages members. "Members" will also have the capability of updating, maintaining, and accessing their own personal contact information. The end user is given access by becoming a "Member" of the Services. To become a "Member" the user must register with Cellpages. When you become a "Member" by registering, Cellpages will create your personal account which will contain, but not be limited to basic account information: name, address, mobile phone number, email address, and password. Additionally, Members will have the ability to make any of their personal contact information, with the exception of certain required fields, either "Public", "Restricted" or "Private". If you (a member) make a field "Public" it will be available to any Cellpages member who may use the service; if "Restricted", it will be available to only those Cellpages members to whom your restrictions are designed to permit availability; if "Private", it will not be available to any other Cellpages member. Likewise, you will be able to access other "Registered members" "Public" information and "Restricted" information if such restrictions are designed to permit you access.

Additional features may be added to the Software, Site and Services and made available to "members" from time to time.

Required User Information.  Member contact information, specifically mobile phone number, is necessary for us to provide our services as well as to design new services for future use. To provide current and future services Cellpages will require, but not limited to, the following; mobile phone number(s), member's name, address, and email address. The information collected will be solely on an "Opt In" basis. "Opt In" provides the end user the ability to register or not register their information by free will. Cellpages may restrict access and usage based upon user registration.

Personal information you provide to Cellpages is governed by Cellpages' Privacy Policy. Upon registration you elect to use the Services and indicate your acceptance of the terms of the Cellpages Privacy Policy.

User Responsibility.  By registering you agree that you are fully responsible for any content registered on the Cellpages' service, including, but not limited to, personal information, mobile phone numbers, email, usernames, registration information, and the consequences of any such information. Upon Registration you agree to act responsibly and to treat other users and members with respect. You are also responsible for keeping any and all registered information update and current. You are responsible for all activities that occur in your account. Cellpages is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your user account and password.

You acknowledge and agree that you may not use this Site or any Services to:

1. store via physical media, data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement or of any other applicable agreement between you and Cellpages, or store any such information or data for resale or marketing purposes;
2. use, reuse, publish, transmit or disseminate in any form or by any means, any part of the information made available in the Services, to sell, sublicense, lease or otherwise transfer or attempt to transfer any such information, or to directly or indirectly use any such information to create any derivative, downstream or other works therefrom;
3. access without authorization any networks, systems or databases used in providing this Site or the Services, or to access or use any information therein for any purpose;
4. falsely state, impersonate, or otherwise misrepresent your identity;
5. engage in any unsolicited promotions, political campaigning, advertising or solicitations;
6. 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, including, without limitation, any content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any third party;
7. make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of commercial solicitation;
8. interfere with or disrupt (a) the use of this Site or any Services by other users, or (b) the Services;
9. obscure or disable any advertisements that appear on the Site;
10. 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;
11. disseminate private information of any third party, including, without limitation, credit card numbers or Social Security numbers, for which you do not have such party's permission to disseminate;
12. violate, or cause Cellpages or its affiliates or licensors to violate, any applicable local, state, national or international laws, regulations or orders (including, without limitation, laws pertaining to the export of technical data from the United States);
13. violate any requirements, policies, procedures or regulations of any network connected to this Site or the Services;
14. transmit or otherwise make available any content that may expose Cellpages or its affiliates, licensors or users to any harm or liability of any nature;
15. stalk or harass anyone;
16. transmit or otherwise make available any material, or use the site in any way, that violates Cellpages "Appropriate Content Policy";
17. engage in any unauthorized commercial use of this Site or the Services (including, without limitation, reselling any information made available on this Site or in any Service); or
18. use any Service for other than its intended purpose.

You represent and warrant that (i) you own and control all of the rights to the content that you provide or transmit in connection with this Site or any Services, or you otherwise have the lawful right to distribute and reproduce such content and to provide such content to its intended recipients; (ii) such content is accurate and not misleading; and (iii) transmission of the content you supply does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.

Appropriate Content Policy.  It is the policy of Cellpages that all WEBSITE content be appropriate for all ages. Cellpages prohibits any content that contains, but not limited to the following: (i) Nudity; (Exposed breasts, Bare buttocks, or Visible genitals) (ii) Sexual material; (Passionate kissing, Obscured or implied sexual acts, Visible sexual touching, Explicit sexual language, Erections/explicit sexual acts, Erotica) (iii) Violence; (Assault/rape, Injury to human beings, Injury to animals, Injury to fantasy characters (including animation), Blood and dismemberment, human beings, Blood and dismemberment, animals, Blood and dismemberment, fantasy characters (including animation), Torture or killing of human beings, Torture or killing of animals, Torture or killing of fantasy characters (including animation).) (iv) Language (Abusive or vulgar terms, Profanity or swearing, Expletives [mild or otherwise]); or (v) Potentially harmful activities (Depiction of tobacco use, Depiction of alcohol use, Depiction of drug use, Depiction of the use of weapons, Gambling, Content that sets a bad example for young children: that teaches or encourages children to perform harmful acts or imitate dangerous behaviour, Content that creates feelings of fear, intimidation, horror, or psychological terror, Incitement or depiction of discrimination or harm against any individual or group based on gender, sexual orientation, ethnic, religious or national identity)

Accessibility.  Customer Service Representatives may be required to access user information upon request by the specified "member", Cellpages, and/or any authorized officials. This may be a result of, but not limited to; technical support issues, account verification, and/or billing issues. Cellpages will not give out any "member" information to unauthorized third parties.

Cellpages may also use collected information to protect customers, employees and/or property. This may occur in the case of investigating fraud, harassment or other types of unlawful activities involving Cellpages and/or other companies that are associated with Cellpages. In some cases, it may be necessary to provide this information to the government or third parties who make a lawful demand for it. Cellpages also reserves the right to share information and/or data collected within our company divisions. This may enable us to better understand our "members" product and service needs, and to learn how to best design, develop, and package products and services to meet those needs.

Third Party Site Links.  Any links included within Cellpages that take users out of the Cellpages site are not under the control of Cellpages and/or any of its partners or affiliates. Cellpages shall not be responsible for the content of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site.

Termination.  Cellpages reserves the right to refuse membership to anyone. Cellpages may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement, or for any reason that in the judgement of cellpages seems prudent.

Limitation on Liability.  Cellpages is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Except in jurisdictions where such provisions are restricted, in no event will Cellpages be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Cellpages has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Cellpages shall have no liability to you for any cause whatsoever, and regardless of the form of the action during the term of membership.

Indemnity.  By using and/or registering you agree to indemnify and hold Cellpages, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Agency.  Unless determined by Cellpages there is no agency, partnership, joint venture, employee-employer or franchisor-franchiser relationship between Cellpages and any User or Member of the Service.

Third Party Service Providers/Advertisers.  Any interaction, including correspondence and/or business dealings with, or participation in promotions of, advertisers found on or 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 advertiser. You agree that Cellpages shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Disputes.  If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the initial process in resoulution will be arbitration. If the dispute cannnot be resolved through Arbitration it will be governed by the laws of the State in which the "Owner" resides without regard to its conflict of law provisions. You also agree to personal jurisdiction by and venue in the state and federal courts of the State where the "Owner" resides and the city appointed.

Member Disputes.  You are solely responsible for your interactions with other Cellpages "members". Cellpages reserves the right, but has no obligation, to monitor disputes between you and other "members".

Injunctive Relief.  To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Cellpages' intellectual property rights, or may cause continuing or irreparable harm to Cellpages (including, but not limited to, any breach that may impact Cellpages' intellectual property rights, or a breach by reverse engineering), Cellpages may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

International Use.  Due to the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.

Other.  This Agreement, accepted upon use of the WEBSITE and further affirmed by becoming a" Registered member" of the Service, contains the entire agreement between you and Cellpages regarding the use of the WEBSITE and/or the Service. The failure of Cellpages to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions Agreement is held invalid, the remainder of this Terms and Conditions Agreement shall continue in full force and effect.

AMENDMENT  We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use agreement and the Cellpages Privacy Policy at any time without notice, and it is your responsibility to review these terms of use and provicy policy for any changes. Your use of the Cellpages Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.