4. MyPhoneSite.com provides website and listing services to MPS Operators.

MyPhoneSite.com acts only as an interface to facilitate communications initiated between MPS Operators or MPS Customers. As a MPS Operator, you are not an employee, agent or contractor of MyPhoneSite.com, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use MyPhoneSite.com, and for reporting and payment of all taxes associated with fees transferred to you by MyPhoneSite.com.

5. You are solely responsible for your activities on MyPhoneSite.com under your MPS Operator account.

(a) You agree to maintain the confidentiality of your password and MPS Operator account information and to supervise all activities that occur under your MPS Operator account, including, but not limited to, any and all usage of MyPhoneSite.com by other persons under your MPS Operator name and password. You agree that you will not permit, enable, introduce or facilitate (i) non- MPS Operators having access to or use of MyPhoneSite.com Services in any manner without such individuals first becoming MPS Operators.

(b) You agree that MyPhoneSite.com is not responsible for any loss that you may incur as a result of any unauthorized person using your MPS Operator account or password. You agree that MyPhoneSite.com may use information provided by you as described in the Privacy Policy.

(c) Based on MPS Operator account use and other factors identified by MyPhoneSite.com in its sole discretion, MyPhoneSite.com may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide MyPhoneSite.com with additional information that may be requested, you consent to MyPhoneSite.com's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize MyPhoneSite.com to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.

6. In using or accessing MyPhoneSite.com services, you agree to comply with the following:

(a ) You (as an MPS Operator) are solely responsible for the content provided and the content within your sub-domain website created under your Member account.
(b) You (as an MPS Operator) will not record or otherwise store any live or pre-recorded voice messages that you receive through MyPhoneSite.com. You (as an MPS Operator) will not record or otherwise store any calls you conduct with an MPS Customer.
(c) You will not use MyPhoneSite.com for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of MyPhoneSite.com, and you will cooperate fully with MyPhoneSite.com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized MyPhoneSite.com representatives access to any password-protected portions of your MPS Operator account.
(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(e) You will conduct all for-fee communications that you have with MPS Customers only through the Site, and you will not circumvent or attempt to circumvent MyPhoneSite.com using third-party payment services.
(f) You will not use MyPhoneSite.com in any manner that harasses another MPS Operator or MPS Customer and could interfere with any other party's use or enjoyment of MyPhoneSite.com. You will respect the privacy of others and not use MyPhoneSite.com for unwelcome, rude or abusive communications.
(g) You will not attempt to gain unauthorized access to any MPS Operator or MPS Customer account information, computer systems or networks associated with MyPhoneSite.com.
(h) You will not attempt to obtain any information or materials relating to MyPhoneSite.com through any means not intentionally made available through MyPhoneSite.com.
(i) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to MyPhoneSite.com, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(j) You will not use MyPhoneSite.com to solicit MPS Operators or MPS Customers, to promote any product or services other than the information services described in your MPS Operator listing which are provided through MyPhoneSite.com, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").
(k) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites.
(l) You will not use MyPhoneSite.com to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
(m) You will not take any actions which may undermine the MPS Operator's or MPS Customer's referral system, or the MPS Operator's feedback system used to solicit feedback from MPS Customers, including without limitation leaving positive feedback for yourself or other MPS Operators, using secondary MPS Operator names or third parties or leaving negative feedback if a MPS Operator fails to perform some action that is outside the scope of the services described in his or her MPS Operator listing.
(n) You will not create obscene, offensive, tasteless, defamatory or hateful MPS Operator names or content for listings.
(o ) You will adhere to all applicable laws and regulations governing your actions in connection with MyPhoneSite.com and (as an MPS Operator) are responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
(p) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and MyPhoneSite.com policies.

7. MyPhoneSite.com shall retain all ownership of corporate intellectual property, including all URLs and any content created or derived from MyPhoneSite.com.

MyPhoneSite.com shall own all right, title and interest in MPS Operator services and MyPhoneSite.com domain, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by MyPhoneSite.com, either expressly or by implication.

*This does not mean that we own your copyrighted operator images. 

This simply states that all intellectual property as pertains to MPS website, tools, features, MPS text, and MPS website design belongs solely to MyPhoneSite, LLC and we retain all rights.  We do not assume ownership of your image content. 

- You can pause or close your MPS website at anytime.
- We do not keep your characters images, information, content, or any design work.

MPS offers you the ability to create your own website. We do all that we can to give you the tools needed to succeed. We also do our best to stay out of your way, allowing you to run your website, you're way.

8. MyPhoneSite.com disclaims any warranties or representations.

MYPHONESITE.COM AND ANY SERVICES OR GOODS OBTAINED THROUGH MYPHONESITE.COM ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. MYPHONESITE.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MYPHONESITE.COM SERVICES AND ALL COMMUNICATIONS BETWEEN MPS CUSTOMERS MADE THROUGH MYPHONESITE.COM, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, MyPhoneSite.com makes no representation or warranty that the operation of MyPhoneSite.com will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

9. MyPhoneSite.com prohibits the unauthorized use of copyrighted materials and trademarks.

YOU SHALL NOT USE MYPHONESITE.COM TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

MyPhoneSite.com has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of MPS Operator accounts who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances).

MyPhoneSite.com Copyright and Trademark Related Policy:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyPhoneSite.com with the following information required under 17 U.S.C. § 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyPhoneSite.com to locate the material;
(d) Information reasonably sufficient to permit MyPhoneSite.com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide proof.  Please send proper documentation as required under 17 U.S.C. § 512 to:

My Phone Site, LLC
Attention:  Copyright
118 Peters Road Suite 206
Knoxville, TN 37923

Or fax to Fax: 1 (443) 483-9131

Copyright issues and claims of copyright infringement on or regarding MyPhoneSite.com can be reached as follows:

Copyright Agent
c/o My Phone Site, LLC
118 North Peters Road, suite 206
Knoxville, TN 37923
Email: support@myphonesite.com

Upon receipt of notice as described above, MyPhoneSite.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from MyPhoneSite.com, and/or termination of the MPS Operator's account.

10. Links to Other Websites.

MyPhoneSite.com may provide links to websites other than MyPhoneSite.com. Such links are provided for reference only, and MyPhoneSite.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

My Phone Site, LLC prohibits website owners and MPS operators from linking to any alternate billing method outside of the MPS Pay Per Minute Billing system.

11. Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

12. You consent to the use of (a) electronic means to complete this Member Agreement, to use MyPhoneSite.com Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of MyPhoneSite.com.

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