Terms Of Service

Please read the directcallback.com Terms of Service below carefully. directcallback recommends that you print or download them to your computer. Please note some jurisdictions may have obligatory provisions in their consumer legislation which may be relevant to the services provided under these terms.

Summary of Terms of Service

You agree to provide true and correct information about yourself in the directcallback.com Terms of Service registration form.You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of other parties. User agrees not to interfere with or disrupt the Service or servers or networks connected to the Service.You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or the unsolicited mass distribution of e-mail.You understand that directcallback may provide extra services or attributes to the Service that are subject to charge.You agree that directcallback and their designees may at their sole discretion terminate your account if they believe you have in any way violated the Terms of Service.Please report any violations of the directcallback.com Terms of Service by others (e.g. if someone sends you 'junk mail', 'spam' or 'chain letters') to nmassoud@directcallback.com.

I. ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE

The directcallback.com service (the "Service"), owned by directcallback is provided to you (the "User") under the terms and conditions of the directcallback.com Terms of Service set forth below and any amendments thereto. The directcallback.com Terms of Service comprise the entire agreement between User and directcallback and supersede any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE directcallback.com TERMS OF SERVICE. The section titles and the Summary of Terms of Service in the directcallback.com Terms of Service are for convenience only and have no legal or contractual effect.

II. SERVICE CHARACTERISTICS

Free services directcallback is providing User with the capability to send and receive electronic mail via the World Wide Web on the directcallback.com system and to store electronic mail and electronic mail addresses. Services subject to charge directcallback may from time to time provide extra services or attributes to the Service against a charge ("Enhancements"). The mode of payment lies with the sole discretion of directcallback. directcallback may offer the User credits that User may purchase for the use of some Enhancements. The amount of credits on User's account shall be registered by directcallback. The credits will be deducted from the account as User makes use of the Enhancements. By the termination of the agreement by either party directcallback shal refund the unused credits on the User's account provided that the User provides directcallback with the information needed for the refund and provided that the total value of unused credits exceeds 5 (five) Euros. directcallback shall deduct from the refund all expenses arising from the payment and all other payment due and unpaid by the user. If the expenses associated with the exceed the refund, directcallback is not obliged to refund the credits.

III. PRIVACY OF PERSONAL DATA

directcallback shall not disclose Registration Data or other personal data of a User to any third parties except as authorised by User or User's representative or as required by law or legal process, or as set forth in Paragraph IV below. However, directcallback may disclose to third parties aggregate data on the use of the Service, provided that a single individual is not identifiable in such a data. directcallback adheres to the data protection legislation of SPAIN and Directive 95/46/EC of the European Parliament and of the Council when processing, storing and utilising personal data.

IV. SECRECY OF MAIL

Secrecy of e-mail is provided under the laws SPAIN and under other legislations that may apply in certain cases. directcallback considers e-mail transmitted via the Service to be the private correspondence between the sender and recipient. directcallback will not monitor, edit or disclose the contents of a User's private communications, except: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the directcallback.com Terms of Service; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of directcallback or others. User understands and agrees that technical processing of e-mail communications is or may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Service; or (d) to conform to other, similar technical requirements.

V. USER'S OBLIGATIONS

In return for use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, directcallback has the right to terminate User's account and refuse any and all current or future use of the Service.

VI. NO RESALE OF THE SERVICE

User shall not transfer or assign this agreement or its right to access or use the Service without a prior written consent of directcallback. Without prejudice to any to the remedies or recourses directcallback may have for the unauthorised assignment, transfer or use, all revenues derived by the User from such unauthorised assignment, transfer or use shall belong solely to directcallback.

VII. DIRECTCALLBACK ICONS, RINGTONES AND POSTCARDS

The following shall be valid for directcallback ringtones, icons and postcards (henceforth referred to as 'download items' or 'items'): 1) Before the User orders a download item he shall make sure that his mobile phone supports it ( i.e. the phone supports the Nokia Smart Messaging System). The User can check the compatibility of the mobile phone on the directcallback site where the supporting handset models are listed. 2) When directcallback receives the User's order for a download item, directcallback will send it within 1 - 20 minutes. In the event that directcallback for any reason considers it necessary not to perform the download no credits will be charged. 3) Directcallback will not be responsible for errors, mistakes or delays that are caused for the following reasons: a) the User has given an incorrect phone number or other incorrect information before downloading an item b) the User's network operator does not support SMS-messaging or the Smart Messaging System c) the User is out of his operator's network coverage. directcallback shall not be responsible for damages caused to a person or the mobile phone, which has received a download item. 4) In the event that the User has downloaded an item even though his mobile phone does not support it or one of the errors mentioned in section 3) has occurred, directcallback has the right to deduct credits from the User's credit account even though the mobile phone never received the item. 5) Download items are protected by copyrights and trademarks. After downloanding an item the User may save it on a mobile phone but it is strictly prohibited to: a) save an item elsewhere b) edit or modify the item c) copy, distribute or forward an item to third parties or to allow third parties to access it (with the exception of picture messages to Nokia 3210, Nokia 8210, Nokia 8850 phones).

VIII. CHANGES IN THE SERVICE AND NOTICES BETWEEN directcallback AND THE USER

Directcallback may change the directcallback.com Terms of Service from time to time. User will be notified of any such changes by a start-up screen on the directcallback website describing the changes. By clicking on the "I Accept" button that follows the posted changes User agrees to be bound by the modifications to the directcallback.com Terms of Service. If User does not click the "I Accept" button, User's account will be terminated. directcallback reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that directcallback shall not be liable to User or any third-party for any modification or discontinuance of the Service. Both parties have a right to terminate the agreement effective immediately by serving a termination notice to the other party. By the termination of the agreement directcallback has a right to delete all information on User's account. Any notice to User or to the Service shall be made via either e-mail to the User's directcallback e-mail account or by notifying User by a start-up screen.

IX. MEMBER CONDUCT

User agrees to abide by all applicable laws and regulations when using the Service. User agrees to be solely responsible for the contents of transmissions through the Service under User's password or account. User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify the Service of any unauthorised use of User's password or account or any other breach of security. User agrees not to transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. User agrees not to transmit through the Service any computer viruses, Trojan horses, worms or other software routine designed to permit unauthorised access to a computer system or to disable, erase or otherwise damage software, hardware or data or cause computer system to become inoperative. User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail.

X. INDEMNITY

User agrees to indemnify and hold directcallback and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the directcallback.com Terms of Service, or User's violation of any rights of another.

XI. E-mail STORAGE OBLIGATIONS

Directcallback will use the common standard of the business to store and protect User's e-mail messages and other data stored under User's account. However, directcallback assumes no responsibility for the deletion or failure to store e-mail messages. directcallback may establish an upper limit on the size of message storage it will maintain for User. User acknowledges and agrees that a termination of Service or the agreement may be effected without prior notice, and acknowledges and agrees that directcallback may immediately delete e-mail files in User's account and bar any further access to such files or the Service.

XII. VIOLATIONS

User agrees that directcallback may terminate User's password, account or use of the Service if directcallback believes (a) that User has violated or acted inconsistently with the letter or spirit of the directcallback.com Terms of Service, or (b) that User has violated the rights of directcallback, or other Users or parties. User further agrees that directcallback may terminate User's password, account or use of the Service if User fails to use the Service for a reasonable period of time. This period of time will be determined by directcallback from time to time but shall not be less than three months.

XIII. PROMOTIONS IN THE SERVICE

User's correspondence with or participation in promotions of advertisers found on 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 User and such advertiser.

XIV. LINKS

The Service may provide, or Users may include in e-mail, links to other Web sites or resources. User acknowledges and agrees that directcallback is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

XV. PROPRIETARY RIGHTS OF directcallback

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, etc. presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information in any way only as expressly authorised by directcallback or advertisers.

XVI. WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. directcallback EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. directcallback MAKES NO WARRANTY THAT THE SERVICE WILL MEET User's REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES directcallback MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT User's OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM directcallback OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. USER UNDERSTANDS THAT directcallback IS NOT RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN directcallback AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. directcallback EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN directcallback AND THE USER.

XVII. LIABILITIES

USER AGREES THAT directcallback SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF User's TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF directcallback HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. directcallback SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT directcallback SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM UNAUTHORISED ACCESS BY THIRD PARTIES TO THE INFORMATION TRANSMITTED BETWEEN directcallback AND THE USER DURING THE TRANSMISSION, INCLUDING, BUT NOT LIMITED TO UNAUTHORISED ACCESS BY THIRD PARTIES TO THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBER OF THE USER.

XVIII. DISPUTE RESOLUTION

The directcallback.com Terms of Service and the relationship between User and directcallback shall be governed by the laws of SPAIN. All disputes, controversies and claims arising out of or relating to the Service or to these Terms of Service shall be resolved by the court of Marbella, SPAIN The failure of directcallback to exercise or enforce any right or provision of the directcallback.com Terms of Service shall not constitute a waiver of such right or provision. If any provision of the directcallback.com Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the directcallback.com Terms of Service remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the directcallback.com Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.