MobBuilder

Platform Terms of Use

Terms and Conditions (version 0.1 – August 13, 2010)
1. Scope of Agreement.
Your use of the ur Mobile’s Software and Services is subject to the Terms and Conditions of service described below (the “Terms and Conditions”).
2. Accepting the Terms and Conditions.
In order to use the Software or Services, You must first agree to these Terms and Conditions. You are not permitted to use the Software or Services if You do not accept the Terms and Conditions. You may accept the Terms and Conditions by either:
(a) clicking to accept or agree to the Terms and Conditions, where this option is made available to You by ur Mobile in the user interface of the Software or Service; or
(b) by actually using the Software or Services.
In the case of (b), You understand that ur Mobile will treat Your use of the Software or Services as a acceptance of these Terms and Conditions.
3. Definitions. 3.1. Service.
“Service” means the services provided to You by ur Mobile, without limitation, the creation and access to one or more sites that provide a mobile content management platform for use with mobile browsers operating on mobile devices (“mocom sites”) and/or sites that provide secure donation forms for use with mobile or traditional browsers (“givur sites”), ur reports, monthly analytical reports, ur mail communications, and transaction processing services, including any associated documentation which may be made available to You from time to time in written form or online. Services may also include strategy, consulting, or other creative services for mobile or traditional websites.
3.2. Software Definition.
“Software” means any of ur Mobile’s suites of software applications, programming code, tools, scripts, and/or protocols used in connection with the provision of the Service.
3.3. The Parties.
“ur Mobile” is an Oklahoma limited liability company, having its principal place of business at 5745 NW 132nd St., Oklahoma City, OK 73142. “You” means the individual or organization entering this Agreement with ur Mobile and Your affiliates. “User(s)” mean Your employees, representatives, consultants, contractors or agents of You who are authorized by You to use the Service and have been supplied user identifications and passwords by You (or by ur Mobile at Your request)
and does not include any end users entering into commercial transactions with, or making charitable donations to or through, You.
4. Service. 4.1. Terms and Conditions of Use.
ur Mobile shall initially make the Service or Software available to You on the Terms and Conditions set forth in this Agreement, which may be revised by ur Mobile from time to time. You will receive a notification of any such revisions and You agree that Your continued use of the Service or Software represents Your acceptance of any such revised Terms and Conditions.
4.2. User licenses.
You hereby receive licenses to use the Service and Software for the number of Users You indicate during the registration process. During the term, these licenses cannot be shared or used by more than one User, but may be reassigned to new Users replacing former Users. You may add licenses for additional Users during the term via the account management features of the Services (which may incur additional fees).
5. Division of Responsibilities. 5.1. ur Mobile Responsibilities.
ur Mobile shall: (a) use commercially reasonable efforts to maintain the security and integrity of the Service; (b) work diligently to resolve any errors or issues with the Service that are reported; and (c) use commercially reasonable efforts to make the Service available, except for (i) planned down time, or (ii) down time caused by circumstances beyond ur Mobile’s reasonable control.
5.2 Your Responsibilities.
You shall: (a) have sole responsibility for the accuracy and appropriateness of all electronic data, information or material provided or submitted by You to ur Mobile through the Service (“Your Data”); (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify ur Mobile promptly of any such unauthorized use; (c) comply with all applicable laws in using the Service; and (d) be responsible for all Your Users’ activities.
6. Your Warranties.
You warrant that if You are soliciting monetary or other contributions, You will at all times conform to and be in compliance with all regulations and standards set forth by the Internal Revenue Service in relation to the operation of entities deemed to be tax exempt pursuant to Section 501 of the Internal Revenue Code, including annually filing IRS Form 990, as applicable. You further agree that if transaction processing services are provided by ur Mobile, You shall open and maintain a merchant account with a payment processing gateway designated by ur Mobile.
7. Limitations on Use of the Service. 7.1 Limitations on Your Use of the Service.
You shall use the Service solely for its usual charitable or business purposes and shall not use the Service to:
(a) send spam or any other form of duplicative and unsolicited messages, other than marketing and promotional messages to Your clients and prospective clients;
(b) harvest, collect, gather or assemble information or data regarding other users of the Service without their consent;
(c) transmit through or post on the Service unlawful, libelous, tortuous, infringing, defamatory, threatening, vulgar, or obscene material or material that may be harmful to minors;
(d) knowingly transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs;
(e) knowingly interfere with or disrupt the integrity or performance of the Service or the data contained therein;
(f) attempt to gain unauthorized access to the Service, computer systems or networks related to the Service; or
(g) harass or interfere with another authorized user’s use and enjoyment of the Service.
You acknowledge that if You do use the Services for any of these prohibited purposes, ur Mobile may immediately suspend Your access to the Services.
7.2. Limitations on Use of the Service by Third-Party Providers.
During use of the Service, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors offering their goods and/or services which are separate and apart from any Service provided by ur Mobile. Any such activity, agreement, and any Terms and Conditions, conditions, warranties or representations associated with such activity, is solely between You and the applicable third-party unaffiliated with ur Mobile. ur Mobile and its licensors shall have no liability, obligation or responsibility for any such correspondence, goods/services, purchase or promotion between You and any such unaffiliated third-party. Nothing herein shall be construed to limit ur Mobile’s ability to enter into any agreement with any third party.
8. Marks; Press Releases.
Except as otherwise stated in this Agreement, neither ur Mobile nor You shall use the other party’s name or trademarks except with the prior written authorization of
the other party; provided, however, that You agrees the Software and/or Service shall be branded with an identifying mark similar to “Powered by ur mobile” or as otherwise agreed by the parties. Neither party shall issue a press release referring to the other party without the other party’s written consent; however, ur Mobile may identify You as a customer in its marketing materials, including the ur Mobile website and advertising
9. Fees & Payment. 9.1. User Fees.
In consideration for the Service, You shall pay the fees specified by ur Mobile during the ordering process. Fees are non-refundable. The number of User licenses contracted for cannot be decreased during the term. Fees for additional Users shall be charged going forward based on the number of months remaining in the term. Each renewal of the term shall be subject to ur Mobile’s standard fee and pricing schedule then in effect at the time of renewal.
9.2. Invoicing & Taxes.
ur Mobile shall invoice You (i) for fees and costs for Services in advance, and (ii) for transaction processing on a monthly basis in arrears. ur Mobile’s fees are exclusive of all local, state, federal and foreign taxes, value added taxes, levies, or duties of any nature (“Taxes”) and You are responsible for direct payment or reimbursement to ur Mobile of all Taxes, excluding only taxes based on ur Mobile’s income.
9.3. Suspension of Service.
If Your account is thirty (30) days or more overdue, in addition to any of its other rights or remedies, ur Mobile reserves the right to suspend the Service provided to You until such amounts are paid in full.
10. Proprietary Rights. 10.1. Reservation of Rights.
You acknowledge that in providing the Service, ur Mobile utilizes (a) the ur mobile name, the ur mobile logo, the www.urmobile.com domain name, the product names associated with the Service and other trademarks, (b) certain audio and visual information, documents, software and other works of authorship; and (c) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information (collectively “ur Mobile Technology”), and that the ur Mobile Technology may be covered by intellectual property rights owned or licensed by ur Mobile (“ur Mobile IP Rights”). Other than as expressly set forth herein, no license or other rights in the ur Mobile IP Rights are granted to the You.
10.2. License Grants.
ur Mobile grants You and its Users a worldwide, non-exclusive, non- transferable, non-sublicenseable right to access and use the Service for the purpose for which it is made available to You and otherwise in accordance with the Terms and Conditions of this Agreement. You grants to ur Mobile a non-exclusive, non-transferable, non-sublicenseable license to use, copy, store, modify and display Your data solely to the extent necessary to provide the Service.
10.3. Restrictions.
You shall not (a) modify, copy or make derivative works based on the Service, Software, ur Mobile Technology or ur Mobile IP Rights, or any portion thereof; (b) disassemble, reverse engineer, or decompile the Service, the Software, ur Mobile Technology or ur Mobile IP Rights; (c) “frame” or “mirror” any of ur Mobile’s content which forms part of the Service (other than on Your own internal intranets); (d) re-license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the ur Mobile Service or Software; (e) use the ur Mobile Service or Software to provide third-party training except for training agents and contractors that ur Mobile has authorized in writing; (f) remove or modify any service markings or any notice of ur Mobile’s proprietary rights; and (g) disclose results of any benchmark tests without ur Mobile’s prior written consent.
10.4. Your Data.
As between ur Mobile and You, all data submitted by You to the Service, whether posted by You or by third parties, remains Your sole property. Your data is considered Confidential Information (as defined below), subject to the Terms and Conditions of this Agreement. ur Mobile may convey Confidential Information to affiliated and non-affiliated third-party service providers engaged by ur Mobile in the provision of the Services or related matters, provided that each such third-party service provider must agree to be bound by confidentiality provisions no less restrictive than those contained in this Agreement.
11. Confidentiality.
The parties may provide to one another information that is confidential (“Confidential Information”). Confidential Information shall be information:
(i) that is clearly marked or identified as confidential; or
(ii) that is otherwise reasonably identifiable or should reasonably be considered by the disclosing Party as Confidential Information.
Confidential Information shall not include information which:
(a) is or becomes a part of the public domain through no act or omission of the receiving Party;
(b) was in the receiving Party’s lawful possession prior to the disclosure and had not been obtained by the receiving Party either directly or indirectly from the disclosing Party;
(c) is lawfully disclosed to the receiving Party by a third-party without restriction on disclosure;
(d) is independently developed by the receiving Party; or
(e) is disclosed by operation of law.
Each Party agrees to take all necessary measures to protect against the disclosure or use of the Confidential Information as it takes to protect its own proprietary or confidential information (but in any case no less than reasonable measures) during the Term and for a period of three years thereafter any termination of this Agreement.
12. Warranties & Disclaimers. 12.1. Warranties.
ur Mobile warrants that the Service will perform substantially in accordance with the ur Mobile documentation under normal use and circumstances.
12.2. Disclaimer of Warranties.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL CORRECT ALL ERRORS, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, COMPANY HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ur Mobile also expressly disclaims all responsibility and liability for damages, interruptions, interference, down time or other interference with the Services caused by circumstances beyond ur Mobile’s reasonable control.
13. Mutual Indemnification. 13.1. Indemnification by ur Mobile.
ur Mobile shall defend, indemnify and hold You and Your affiliates (collectively, “Indemnitees”) harmless against any loss, liability, expense, cost or damage (including without limitation reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings (“Claims”) that Indemnitee’s use of the Service infringes any patent, trademark, copyright, trade secret, or any other proprietary right of a third party; provided that You:
(i) promptly gives written notice of the Claim to ur Mobile;
(ii) gives ur Mobile sole control of the defense and settlement of the Claim (provided that ur Mobile may not settle or defend a claim unless it unconditionally releases Indemnitees of all liability); and
(iii) provides to ur Mobile all reasonable assistance.
ur Mobile shall have no obligations to You under this Section 13.1 to the extent such Claims arise from You or Your User’s breach of this Agreement or from the combination of the Service with any of Your products, services, hardware or business processes.
13.2. Indemnification by You.
You shall defend, indemnify and hold ur Mobile harmless against any loss, liability, expense, cost or damage (including without limitation reasonable attorneys’ fees) incurred in connection with Claims made or brought against ur Mobile by a third party (a) alleging that the Your Data, or the use thereof by either party, has caused harm to a third party or infringes the intellectual property rights of a third party, (b) arising from breach of this Agreement by You, or (c) arising from any intentional or willful conduct or negligence of You; provided, that ur Mobile: (i) promptly gives written notice of the Claim to You, except that any failure to provide this notice promptly only relieves You of its responsibility pursuant to this Section 13.2 to the extent its defense is materially prejudiced by the delay; (ii) gives You sole control of the defense and settlement of the Claim (provided that You may not settle or defend any Claim unless it unconditionally releases ur Mobile of all liability); and (iii) provides to You, at Your cost, all reasonable assistance. You shall have no obligations to ur Mobile under this Section 13.2 to the extent such Claims arise from ur Mobile’s breach of this Agreement (such breach as determined by a court or arbitrator of competent jurisdiction) or Your use of Your Data as authorized and contemplated by this Agreement.
14. Limitation of Liability.
IN NO EVENT SHALL UR MOBILE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF $10,000 OR THE AMOUNTS ACTUALLY PAID BY OR DUE FROM YOU FOR THE SERVICE DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL UR MOBILE HAVE ANY LIABILITY TO YOU FOR ANY LOST REVENUE, INCOME, REGISTRATIONS, LOSS OF DATA, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT UR MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
15. Term & Termination. 15.1. Efficacy of this Agreement.
These Terms and Conditions commence on the earlier of Your acceptance of these Terms and Conditions or Your use of the Services and shall continue in effect for one (1) year or until otherwise terminated pursuant to the Terms and Conditions of this Agreement (the “Term”).
These Terms and Conditions shall automatically renew for additional periods of one (1) year unless You notify ur Mobile of its non-renewal no later than sixty (60) days prior to the end of the Term or relevant renewal term (as the case may be). All renewals of these Terms and Conditions shall be deemed to commence a new term for the Services (commencing upon the expiration of the existing term), subject to ur Mobile’s standard fees and prices in effect at the date of renewal, unless otherwise agreed to in writing by ur Mobile and You.
15.2. Term of User Licenses.
User licenses commence on the date they are ordered and continue for the remainder of the current term or relevant renewal term (as the case may be). User licenses shall automatically renew for additional periods of one (1) year at the list price then in effect at the time of renewal unless You provide ur Mobile notice of termination no later than sixty (60) days prior to the end of the term or relevant renewal term (as the case may be) or the Agreement is earlier terminated as provided herein.
15.3. Termination.
You may terminate this Agreement for cause upon thirty (30) days written notice to the other party of a material breach, provided such breach remains uncured at the expiration of such notice period. If at any time You fail to comply with these Terms and Conditions, ur Mobile may immediately: (i) suspend the Service and/or (ii) terminate this Agreement.
15.4. Outstanding Fees.
Termination shall not relieve You of the obligation to pay any fees accrued or payable to ur Mobile prior to the effective date of termination.
15.5. Surviving Provisions.
The following provisions shall survive the termination or expiration of this Agreement for any reason and shall remain in effect after any such termination or expiration: Section 1, Section 9, Section 10, Section 11, Section 13.2, and Section 14.
16. General Provisions. 16.1. No Partnership Formed.
This Agreement does not create a partnership, franchise, joint venture, agency or employment relationship between the parties.
16.2. Representations; Warranties.
The representations, warranties, covenants, and agreements contained in this Agreement are for the sole benefit of the parties and their respective successors and permitted assigns.
16.3. Notices.
All notices under this Agreement shall be in writing and shall be delivered to the addresses notified by the parties to each other by a means evidenced by a delivery receipt, by facsimile or by email.
16.4. Waiver.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
16.5. Remedies.
Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
16.6. Severability.
If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be contrary to law, the provision shall be changed by the court or by the arbitrator and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
16.7. Assignment.
You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of ur Mobile. Notwithstanding the foregoing either party may assign this Agreement upon notice but without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets; provided that any such assignee is not a competitor of ur Mobile.
16.8. Governing Law.
This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the United States and the State of Oklahoma, without regard to its conflict of laws provisions.
16.9. Forum Selection.
The federal courts of the United States and the state courts of the State of Oklahoma located in Oklahoma County, Oklahoma shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.
16.10. Export Controls.
Each party shall comply with all United States and foreign export control laws or regulations applicable to its performance under this Agreement.
16.11. Entire Agreement.
This Agreement, the Exhibits, the Order Form and any approved additional Order Forms constitute the entire agreement between the parties as to its subject matter, and supersede all previous and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of this Agreement.
16.12. Agreement Modification.
No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.
17. Acceptable Use Policy. 17.1 Illegal Activity.
Use of the Service for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order or regulation (including without limitation any alleged fraudulent or inappropriate use of a non-profit or tax-exempt status), or to engage in tortious conduct, is a violation of this Policy. You may not use the Service to infringe on the copyright of another.
17.2. Contact with Minors.
You may not use the Service to harm or attempt to harm a minor by, including without limitation, posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.
17.3. Spamming/Unsolicited Bulk E-Mail.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational e-mail is spamming and is prohibited. Additionally, You may not:
(a) post to any Usenet or other newsgroup, forum, or list articles which are illegal or inappropriate in the local forum;
(b) send unsolicited mass e-mailings;
(c) send or forward chain letters;
(d) use the Service as a maildrop for responses; and/or
(e) falsify user information, including forging, altering or removing electronic mail headers.
ur Mobile from time to time reviews one or more spam reporting web sites including, but not limited to, SpamHaus and SORBS. Listing on one or more of these web sites, or any other spam reporting web site, of:
(i) Your name including fictitious names (d/b/a or aliases);
(ii) one of Your employees in connection with the use of Your service, or an alias of such employee(s); or
(iii) any IP address or URL provided to You by ur Mobile will result in immediate termination or suspension of Service.
Each case will be individually investigated by ur Mobile and ur Mobile may condition reconnection or re-provision of Service upon removal of the listing from the spam reporting web sites.
17.4. Harvesting/Spidering/Spyware.
The collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participating in the use of software (including “spyware”) designed to facilitate this activity or use of a list obtained from such means is not allowed. A user suspected or found harvesting email addresses may be blocked from sending mail until ur Mobile is satisfied that the activity has been stopped.
17.5. Streaming Video Limitation.
You shall not host or stream video or audio directly from any standard websites, Mobile Engagement Platform or Point of Inspiration giving pages provided as part of the Service. All streaming video will be brought to the page/user experience from an outside video server, such as YouTube.
17.6. Bandwidth Limitations.
You must comply with the then current bandwidth, pages, view or data storage and other limitations on the Service, as specified by ur Mobile from time to time. You may not use the Service in a manner that places a disproportionate burden on the network or impairs the Service received by other Customers.
17.7. Advertising Limitations.
You shall not incorporate any banner advertising into any standard websites, Mobile Engagement Platform or Point of Inspiration Giving mobile websites provided as part of the Service. You agrees that any advertising to be incorporated into any standard website, Mobile Engagement Platform or Point of Inspiration Giving mobile websites shall be subject to the review and prior written approval of ur Mobile.
17.8. Inappropriate Content and Unacceptable Links.
You are solely responsible for any information that is accessed through use of the Service, and ur Mobile bears no responsibility for such content. ur Mobile and its affiliates and vendors reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful or infringes on the copyright, trademark, or other intellectual
property right of a third party. By using the Service to reproduce, publish, display, transmit and distribute content, You are warranting that the content complies with these Terms and Conditions and authorizing ur Mobile and its affiliates to reproduce, publish, display, transmit and distribute such content as necessary for ur Mobile to deliver the content in a timely manner.
18. Security.
You are responsible for any misuse of the Service, even if the inappropriate activity was committed by an employee, consultant, guest or other individuals who have access to Your system or network. Therefore, You must take steps to ensure that others do not gain unauthorized access to the Service. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of these Terms and Conditions. The Service may not be used to breach the security of another Internet user or to attempt to gain access to any other person’s or entity’s computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the user authentication, or probing the security of other networks. ur Mobile does not under any circumstance allow You or unauthorized individuals to scan, probe, or use security analysis tools against the ur Mobile network or the networks of our other customers and use of or distribution of tools designed for compromising security of non-You networks, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. You may not willfully or knowingly disrupt the Service or interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. You are solely responsible for the security of any device You choose to connect to the Service, including any data stored on that device. If ur Mobile detects that Your equipment or Your Internet/data transmissions contain Viruses, Trojans, Worms or similar damaging content/data that adversely affects the ur Mobile network, the Service provided to other ur Mobile customers, or otherwise compromises the integrity or the operation of the ur Mobile network, ur Mobile may disconnect You from Service immediately; and, in this event, ur Mobile will make reasonable efforts to promptly contact Customers regarding the interruption of Service. It is Your sole responsibility to ensure that any computer or device they connect to the Service remains secure and virus free.
19. Your Information.
ur Mobile and its affiliates and vendors may cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations. Cooperation may include ur Mobile or its vendors providing the name, IP address(es), or other identifying information about a You. Upon termination of a Your Service, ur Mobile is authorized to delete any files, programs, data and e-mail messages associated with such account. ur Mobile will not release any personally identifiable information regarding You (excepting that which is public knowledge, such as the InterNIC’s WHOIS database) or their end users to any third party except upon presentation of (a) a subpoena issued by a government entity in a civil or criminal
investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order. ur Mobile may release such information based upon its sole reasonable judgment as to the validity of any such order.
20. Consequence of Violation of Terms and Conditions.
When ur Mobile becomes aware of an alleged violation of these Terms and Conditions, ur Mobile may initiate an investigation. For violations of these Terms and Conditions, ur Mobile may, at its sole discretion, restrict, suspend, or terminate Your account and/or pursue other civil remedies. ur Mobile reserves the right to monitor bandwidth, usage, and content from time to time to operate the Service, to identify violations of these Terms and Conditions and/or to protect the network and ur Mobile’s other customers. If ur Mobile believes these Terms and Conditions have been violated, ur Mobile or its affiliates may take any responsive actions they deem appropriate. The failure of ur Mobile or its affiliates to enforce these Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time.