Terms of use:

("iBrowz" or "We"), a wholly owned subsidiary of Intouch Group, Inc., is the owner and operator of IBrowz®, and is pleased to welcome you to the web site for the IBrowz® service (the "Web Site"). We are very proud of the products and services we offer and hope your mobile experience, whether for personal or business reasons, will be enjoyable and productive.

The IBrowz Web Site features or may feature text, graphics, files, audio, video, applications, and other data/information (the "Content"), as well as products (e.g., software, music, etc.) for sale or demonstration purposes ("Products"), and services (the "Services"). Your use of the IBrowz Web Site, including the Content, Products, or Services, is subject to and conditioned upon your agreement to these terms and conditions and any future modifications (the "Web Site Terms of Use"). Your agreement to the Web Site Terms of Use is demonstrated by accessing or using the Web Site, including, without limitation, browsing, downloading/printing Content, or any other interaction with the Web Site. If you do not agree to any of the Web Site Terms of Use, you are not authorized to use the Web Site, Content, Products, or Services.

To the extent there are other terms and conditions, operating rules, or policies that specifically apply to the use of certain Content, Products, or Services on the Web Site (e.g., the IBrowz Terms of Service), those terms and conditions shall govern and take precedence with respect to that activity. From time to time, we will change the Web Site Terms of Use. We will use reasonable means (for example a "Modified" logo in the footer of the home page) to provide notice of changes, and we will provide a "last modified" date on this page so you can track changes. You agree these forms of notice are reasonable and sufficient, and your continued use of the Web Site after such notice has been posted constitutes your acceptance of any changes. Therefore, we recommend you check this page periodically for updates.

Irrespective of our right to modify the Terms of Use, we reserve the right to modify or discontinue the operation of the Web Site, temporarily or permanently, with or without notice. You agree that iBrowz shall not be liable to you for any modification to or discontinuance of the Web Site.

PRIVACY STATEMENT

We understand privacy is a concern. iBrowz works with an independent third party to create and maintain privacy practices that we feel strike a fair balance between your needs as a consumer and the needs of our business. If you are a user of the IBrowz service, you have already read and agreed to the Privacy Statement. If you are not an IBrowz user, your use of the Web Site and acceptance of these Terms of Use includes your consent to iBrowz's privacy practices in connection with the Web Site and the IBrowz service. Please direct any questions you might have about our privacy practices to privacy@iBrowz.com.

USE OF CONTENT

You acknowledge and agree that as between you and iBrowz and its licensors, the Content, including its selection, arrangement, and associated "look and feel" of the Web Site is owned by iBrowz and/or its licensors and protected by their rights under copyright, trademark, patent, and/or other applicable laws, and any misuse of the Content will violate such laws and these Terms of Use. Except as expressly authorized by iBrowz, you agree not to copy, frame, download, modify, sell, assign, distribute, license/sublicense, reverse engineer, or create derivative works of the Content. You may, however, view the Content, and print and/or download a copy of Content that interests you solely for your personal, non-commercial use; provided that the Content is not altered or modified, and copyright or other proprietary notices remain on all copies of the Content. iBrowz and its licensors reserve all rights in and to the Content not expressly granted.

USE OF PRODUCTS/SERVICES

Use of any Products (e.g., software) or Services made available through the Web Site is governed by the terms of the license/purchase agreement that accompanies it. The ability to purchase, download, install, and use any Products/Services is subject to your agreement to all terms of license/purchase. In the event license/purchase terms are not present, purchase, download, installation, and/or use will be governed by these Terms of Use, and you agree that with respect to any software, you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software, except and only to the extent expressly permitted by applicable law.

USE OF TRADEMARKS

The trademarks, logos, and service marks displayed on the Web Site are the property of iBrowz and various third parties. You may not use marks found on the Web Site without the prior written consent of iBrowz or such third parties. More information on iBrowz's marks can be found at the iBrowz Trademarks page.

PROHIBITED USE

In connection with your use of the Web Site you agree not to (a) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files; (b) access or attempt to access any Content, Products, or Services you are not authorized to access; (c) disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, or any systems, accounts, passwords, servers, or networks connected to or accessible through the Web Site; (d) use any data mining, robots, or similar data gathering and extraction methods; or (e) post, transmit, or access through the Web Site materials that would violate any law or the rights of others, including, without limitation, any threatening, harassing, defamatory, or obscene materials, materials that violate laws against copyright infringement, rights of privacy and publicity, or junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise. Further, you agree to abide by all local, state, national and international laws and regulations applicable to your use of the Web Site, Content, Products, or Services.

ACCURACY OF CONTENT

iBrowz uses reasonable efforts to provide accurate and up-to-date information on the Web Site, however, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any typographical or other errors or omissions. In the event a Product/Service is displayed with incorrect information, such as pricing, iBrowz shall have the right to refuse or cancel orders placed for the product/service listed incorrectly, and your sole remedy will be a refund of the purchase price, if already paid.

WARRANTIES AND DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND IBROWZ THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION (INCLUDING AGREEMENTS CONSUMMATED ELECTRONICALLY, SUCH AS A "CLICK-WRAP" AGREEMENT), IBROWZ, ITS AFFILIATES, AND ITS SUPPLIERS PROVIDE THE WEB SITE, CONTENT, PRODUCTS, AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND IBROWZ THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION (INCLUDING AGREEMENTS CONSUMMATED ELECTRONICALLY, SUCH AS A "CLICK-WRAP" AGREEMENT), IN NO EVENT SHALL IBROWZ, ITS AFFILIATES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEB SITE, THE CONTENT, PRODUCTS, OR THE SERVICES. EACH PARTY ACKNOWLEDGES THIS IS AN APPROPRIATE ALLOCATION OF RISK FOR USE OF THE WEB SITE AND ITS PRODUCTS/SERVICES, AND IBROWZ WOULD NOT ALLOW USE OF THE WEB SITE WITHOUT THESE LIMITATIONS ON LIABILITY. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Potential copyright infringement must be reported to iBrowz's Copyright Agent in the manner specified.

LINKS TO THIRD PARTY WEB SITES

The Web Site contains links to third party web sites. These third party web sites are not controlled by iBrowz. The links to these web sites are provided for convenience. iBrowz is not responsible and assumes no liability for the contents of any of these web sites, and unless expressly stated does not endorse these web sites or their contents, products, or services.

INDEMNITY

You agree to indemnify and hold iBrowz, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your violation of the Web Site Terms of Use, any applicable law, or the rights of any third party.

GOVERNING LAW/JURISDICTION AND ARBITRATION

The Web Site Terms of Use and all aspects of your use of the Web Site shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or difference arising out of, in relation to, or in connection with, the foregoing, which cannot be settled by mutual agreement, shall be finally settled by arbitration, which shall take place in the United States. You and iBrowz agree and hereby irrevocably submit to this exclusive personal jurisdiction. The arbitration will be conducted under the Commercial Dispute Resolution Procedures of the American Arbitration Association (July 1, 2003). The award resulting from such arbitration shall be final and binding on the parties. Notwithstanding the foregoing and pending the completion of arbitration, either party may request injunctive or other equitable relief in connection with such dispute, controversy or difference, to protect its rights and/or property at any court, within the aforementioned geographic area, having jurisdiction, without first resorting to arbitration.

GENERAL TERMS

The Web Site Terms of Use set forth the entire understanding between you and iBrowz with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein. Any failure by iBrowz to enforce or exercise any provision of the Web Site Terms of Use or related right shall not constitute a waiver of that right or provision. The Web Site Terms of Use shall be construed without regard to any presumption or rule requiring construction against the drafter. The captions and section headings are for convenience only and do not form a part of the agreement and shall not be used in construing it. The Web Site is operated by iBrowz from its offices within the United States, more specifically California, and all information provided by you and gathered by iBrowz is processed in the United States. iBrowz makes no representation that the Web Site, Content, Products, or Services are appropriate or available for use at other locations outside the United States, and access to the Web Site from territories where the Web Site, Content, Products, or Services are illegal is prohibited. If you access the Web Site from a location outside the United States, you are responsible for compliance with all local laws.

NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. ??Modified: November 10, 2003

Privacy Statement:

iBrowz, the owner and operator of IBrowz�, is committed to safeguarding your privacy online. We have posted this privacy policy to help you understand how personally identifiable information you submit, and non-personally identifiable information iBrowz gathers from your use of IBrowz, will be treated. In this Privacy Statement, we refer to the IBrowz website (www.getiBrowz.com) and the related technology, which together give you access to 1,000s of content, service and application providers through your handheld device, as either the "Service" or "IBrowz". Please read on to learn more about our commitment to your privacy.

iBrowz is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting fair information use practices. To demonstrate our support of this movement, we are posting our information practices for you and have agreed to have them reviewed for compliance by TRUSTe. The TRUSTe Privacy Program does not cover information that may be collected through software downloaded from the site. Questions you might have that are answered in this Privacy Statement include:
What personally identifiable information of yours is collected through the Service ?
The organization collecting the information ?
How the information is used ?
With whom the information may be shared ?
What choices are available to you regarding collection, use and distribution of the information ?
The kind of security procedures that are in place to protect the loss, misuse or alteration of information under iBrowz's control ?
How you can correct any inaccuracies in the information ?
If you feel we are not abiding by our posted Privacy Statement, you should first contact iBrowz by sending an email to: privacy@getiBrowz.com. If your inquiry is not satisfactorily addressed, you should then contact TRUSTe at www.truste.org/watchdog.html. TRUSTe will then serve as a liaison to resolve your concerns.

Personally Identifiable Information

Personally identifiable information can only be collected when you provide it. iBrowz collects personally identifiable information about you during the registration process for the Service. Currently, the personally identifiable information collected during the Service registration process is limited to name and e-mail address. After registering, you may also choose to provide personally identifiable information in the course of using the Service. For example, you may provide your name and address for a purchase; or your e-mail address in response to a promotion on the Service. You are required to provide the personally identifiable information requested during the registration process in order to subscribe to the Service. You may also be required to provide personally identifiable information to receive other products or services. However, you always have the option to refuse to provide the requested personally identifiable information, but this will prevent you from being able to register for the Service and may prevent you from obtaining other desired products or services.

iBrowz will not sell, rent, or make your personally identifiable information available to a third party without your consent. You agree that iBrowz may disclose personally identifiable information as described below:
When you provide your consent (e.g., through this Privacy Statement);
As necessary to maintain/operate the Service, or to provide you with a product or service you've requested (subject to agreements of confidentiality and restrictions on use by the other company);
As needed to enforce the web site Terms of Use or the IBrowz Terms of Service, or otherwise protect the rights/interests of iBrowz, IBrowz users, or any third party;
When we have a good faith belief that the law or any legal process requires disclosure; or
If a company acquires all or substantially all of iBrowz's assets or in a merger or acquisition, but only if such company agrees to abide by this Privacy Statement;
In order to make your use of the Service more enjoyable, iBrowz will use personally identifiable information internally to customize the information we display or send to you; to provide you with the information, service, or goods you have requested; to e-mail you or otherwise tell you about new products or promotions offered by iBrowz or its strategic partners that we feel may interest you (you may opt-out of receiving e-mails during registration for the Service or after registering as described below); and to contact you with important news about the Service or your IBrowz account (sorry, no opt-out).

Non-personally Identifiable Information

iBrowz also collects non-personally identifiable information, such as general interest category preferences, marital status, gender, age, education, job title, household income, type of residence, zip code, and country of residence, during the Service registration process and throughout your use of IBrowz. You are required to provide the requested demographic information in order to register for the Service. This type of information, while it may provide a general profile of a user, does not allow iBrowz to identify you personally (e.g., by knowing your zip code or that you live in the U.S., we cannot contact or identify you personally). iBrowz uses this information to get a general idea of who is using the Service, how they are using it, and to support marketing initiatives that keep the base IBrowz service free. iBrowz and its partners, analyze non-personally identifiable information to determine which content partner channels or other aspects of the Service are popular and which are not, to tailor our users' visit to the IBrowz website and use of the Service, and to introduce users to new IBrowz channels that may interest them. iBrowz also uses this information to generate statistical reports we share with strategic partners, advertisers, and content providers, including channel operators, but again, this information is made up of anonymous statistical data.

Collection of Non-personally Identifiable Information (IP Addresses/Cookies/Web Bugs)

iBrowz may track your domain name, which typically identifies your Internet Service Provider, or IP address, a number recorded by our servers that is used to identify your computer, to help gather and track non-personally identifiable information. We use IP addresses to analyze trends, administer the IBrowz website, track users' movement, and gather broad demographic information about your use of the Service. Neither IP addresses or domain names are linked to personally identifiable information.

iBrowz and its content partners may also utilize "cookie" technology in connection with the Service. A cookie is a small amount of data sent to your browser and stored on your computer's hard drive, your handheld device, or on the Service for record keeping purposes. Cookies are used, among other things, to automatically remind us who you are when you return to the IBrowz website and to generally help improve the functionality of the IBrowz website and the Service. A cookie also allows us to store and access your account preferences and to customize your web space. For example, we use cookies for marketing purposes to make sure that the content and advertising sent to you is specific to your interests and demographics. If you do not wish to have cookies placed on your personal computer, you can disable cookies through your Internet browser. However, disabling cookies will prevent you from fully experiencing the Service and accessing most, if not all, of the IBrowz website.

In addition to cookies, we may use the infamous "web bug", otherwise known as a 1-by-1 GIF, or clear GIF. What is a "web bug" ? Typically, it's a 1-by-1 pixel or graphic on a web page, not visible to the user. When a page containing a web bug is opened or viewed, it causes certain information to be conveyed to a designated iBrowz server. We currently use the web bug in connection with our e-mail newsletters, initially to determine whether the recipient's e-mail program is capable or reading HTML formatted e-mails. Once this determination is made, if you are receiving the HTML version of one of our monthly newsletters, or other HTML e-mail communication from us, it may contain a web bug. When viewed, we receive information concerning the time the e-mail was viewed, the IP address of the computer from which it was viewed, all of which allows us to determine whether the e-mail was opened and provides the non-personally identifiable information above. This information may then be aggregated and used to assess the effectiveness of these communications.

Requests for Information/Contests/Surveys

From time-to-time we may request information from you through the Service. The requests may take various forms such as a request for information (e.g., submit your name and e-mail address to receive a white paper), a response to a survey, or entering a contest ("Requests for Information"). Responding to these Requests for Information is voluntary (although may be required in order to receive something that is offered), and the user therefore has a choice whether or not to disclose the requested information.

Requested information may include a combination of personally identifiable information (such as a name or e-mail address), and demographic information (such as zip code or age). We use personally identifiable information for the express purpose stated at the time of submission, and if no express purpose is stated, then for the implied purpose of the request, and otherwise in accordance with this Privacy Statement. For example, we would use an e-mail address to communicate requested product information, or we would use an e-mail address to enter you in a contest and contact you about a prize.

Unless otherwise noted, demographic information received in response to a Request for Information, including any opinions expressed, will be used and analyzed internally and may be disclosed to third parties, however, any information/responses disclosed will be demographic in nature and will not be attributed to any specific user.

Third Party Collection of Information

In certain instances iBrowz enters into strategic relationships with third parties to provide products and services in connection with the Service. For example, as of the posting of this statement, Yahoo! and Handango host electronic store front pages, ordering systems, and order data for iBrowz. In connection with providing the products or services, these third parties may collect a combination of personally and non-personally identifiable information. If one of these third parties has an independent right to use the information they collect (as opposed to simply collecting it on behalf of iBrowz), they will post a privacy policy, and their use of the information they collect will be subject to that policy. If the collection of information is subject to a third party privacy statement, its terms and the third party's ability to use any information submitted may differ materially from this Privacy Statement, and you should review the third party statement to insure you are comfortable with their privacy practices.

In some instances iBrowz may act as an intermediary (i.e., collecting information on behalf of a third party) or may contract with an intermediary to collect information on behalf of iBrowz (e.g., we may contract with a third party to host a survey for us). Where iBrowz is an intermediary (e.g., on device ads with e-mail submits) and you are submitting information to a third party, we will indicate that you are about to provide information to a third party and the use of the information is subject to the third party's privacy policy. It is your responsibility to review the third party privacy policy. Where iBrowz contracts with an intermediary we will not notify you unless the third party has a right to use the information for a purpose other than to assist iBrowz.

Channel Privacy/Links to Third Party Web Sites

The Service makes it possible for our Content Partners to create "channels" through which you may access an incredible variety of content, applications, and services, and in doing so exchange information with these Content Partners. This Privacy Statement does not govern any exchange of information between you and any Content Partner. iBrowz does not monitor, and is not responsible for, the privacy and data use policies of its Content Partners. We recommend you review their policies (likely to be found on their web sites) prior to accessing, but especially before sharing any personally identifiable information. Similarly, this Privacy Statement does not govern the privacy practices of any third party web site to which you might link from the IBrowz website. While iBrowz does not knowingly collect or use personally identifiable information exchanged between you and any Content Partner, we may track general use data, such as the sequence in which you view portions of a channel (sometimes called "click-streams") and other non-personal information. This information is used to improve the Service and may also be shared with Content Partners to help them improve their content and services.

Opt-Out

iBrowz does allow you to choose not to receive promotional e-mail communications from iBrowz and its strategic partners. Although again, you cannot opt-out of receiving important information from iBrowz about the Service and the use and maintenance of your IBrowz account. Users may opt-out during the initial registration process, or later by adjusting their account preferences within the My Account area of the IBrowz website (explained below). In addition, every promotional e-mail sent by iBrowz or its strategic partners will contain instructions on how to unsubscribe from that particular mailing (an exception being one-time e-mails which will indicate you do not need to opt-out). The 'unsubscribe' instructions found in any e-mail will, however, only pertain to that particular type of mailing (i.e. newsletters, surveys, etc.) and will not remove you from all promotional mailings sent by iBrowz or its strategic partners.

Correcting/Updating Personal Information

We've made managing your IBrowz account easier. Once you are logged in to IBrowz, simply click on the "My Account" link at the top of the right hand navigation bar, and you will be taken to an index of pages that allows you to manage your IBrowz account and related preferences.

Security

Protecting client privacy and personal information is a top priority. We make significant efforts to ensure the privacy of all personally identifiable information you provide to us. Access to all user information is restricted. Only employees whose jobs require accessing user information are granted database access or administrator level accounts on servers that contain such information. All servers containing user information are kept behind locked doors in secure data centers and require a secure login to access them remotely.

iBrowz uses password protection, industry standard network encryption (128-bit SSL), access logs, and system monitoring to safeguard the confidentiality of all user information. In addition, iBrowz reviews its security procedures on a semi-annual basis. Nonetheless, due to the inherent nature of the Internet and related technology, we do not guarantee the protection of information under our control against loss, misuse or alteration.

Notification of Changes

Your personally identifiable information is subject to the Privacy Statement in place at the time you submit such information. iBrowz may modify this Privacy Statement from time to time, but these modifications will only apply to information submitted after notice of the change has been given. Typically, we will post notice of a change on the IBrowz website. If we substantially change our Privacy Statement as it relates to your personally identifiable information, we will notify you by e-mail using the e-mail address we have on file, so it's important to keep this information current. If at any point we would like to use personally identifiable information you previously submitted in a manner inconsistent with the applicable Privacy Statement, we will seek your approval.

Contacting the Web Site

If you have any questions about this Privacy Statement, please contact us at privacy@getibrowz.com. Incidentally, any personally identifiable information provided in connection with inquiries related to this Privacy Statement will be used solely for the purpose of responding to the inquiry.

Intouch Group, Inc 1003 Camelia Street, Berkeley, California 94710

info@intouchgroup.com

Modified: January 7, 2008