Reference Guide

ship of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual
property rights worldwide, in and to the Service and the Software (including any corrections, bug fixes,
enhancements, updates or other modifications thereto). There are no implied licenses under this Agree-
ment, and all rights not expressly granted are hereby reserved.
3. Use of the Service
3.1 Wireless Service Provider. In addition to Danger’s terms and conditions set forth in this Agreement,
you agree and acknowledge that your use of the Service is subject to your wireless carrier’s terms and
conditions of service.
3.2 Privacy. You consent to the collection, use and disclosure of your personal information outlined in this
section and in the Danger Service Privacy Notice.
In order to provide you the Service, and to improve, enhance and diagnose issues with the Software and
the Service, we may collect information about your use of the Software and the Service such as Web
pages you view, the links you click and other actions you take using the Software and the Service, your
usage of certain features of the Service and the number of messages you send and other similar infor-
mation (“Usage Information”). This Usage Information is not associated with your account information
without your consent except as specifically provided in the Danger Service Privacy Notice and is used
and disclosed as described in the Danger Service Privacy Notice. We may automatically upload Usage
Information from your Device.
We may access or disclose information about you, your account and/or the content of your communi-
cations, in order to: (a) comply with the law or legal process served on us; (b) enforce and investigate
potential violations of this Agreement; including use of the Service to participate in, or facilitate, activities
that violate the law; (c) protect the rights, property or safety of Danger, its employees, its customers or the
public; or (d) as otherwise disclosed in our Danger Service Privacy Notice.
Personal information collected by Danger may be stored and processed in the United States or any other
country or region in which Danger or its affiliates, subsidiaries or service providers maintain facilities.
By using the Danger Service, you consent to any such transfer of information outside of your country or
region.
3.3 Your Account. All information that you provide in connection with your registration for the Service
must be accurate. You will receive a password and username upon completing your registration. You are
responsible for maintaining the confidentiality of the password and account information, and are fully
responsible for all activities that occur under your password or account. You agree to immediately notify
your wireless network operator of any unauthorized use of your password or account or any other breach
of security.
3.4 Prohibited Activities. You agree not to use the Service to: (a) directly or indirectly violate any appli-
cable laws, rules, or regulations issued or promulgated by any competent government authority, includ-
ing without limitation any intellectual property laws, privacy laws, computer fraud or abuse statutes, or
export control laws; (b) upload, post, email or transmit any content that you do not have the right to post
or transmit under any law, contractual duty or fiduciary relationship; (c) upload, post, email or transmit
any content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or
other proprietary right; (d) upload, post, email or transmit any materials that are unlawful, untrue (includ-
ing incomplete, false or inaccurate biographical information), harassing, libelous, defamatory, abusive,
tortuous, threatening, obscene, pornographic, indecent, hateful, abusive, or harmful (including but not
limited to viruses, corrupted files, or any other similar software or programs); (e) violate, attack, or attempt
to violate or attack the security, integrity, or availability of any network, service, or other computer system;
(f) send mass unsolicited or unauthorized electronic messages or “spam”, including without limitation,
promotions or advertisements for products or services; (g) send altered, deceptive or false source-identify-
ing information (including forged TCP/IP headers); or (h) use the Service in a manner that otherwise vio-
Legal Information 95