1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and or their agents, including each person listed in your account information as being associated with your account, and "we", "us" and "our" “Firstin Wireless” refer collectively to Firstin Wireless Technology Inc. This Agreement explains our obligations to you, and your obligations to us in relation to the Firstin Wireless Technology Inc. service(s) you purchase. By purchasing or otherwise applying to Firstin Wireless for a MOBINYM, you agree to establish an account with us. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, MOBINYM registration services) is fully authorized to act on your behalf with respect to such services.. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices in Montreal, Quebec, the location of our principal places of business.

2. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you purchased, you agree to pay Firstin Wireless Technology the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of the Schedules to this Agreement.

   Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal and in the case of MOBINYM re-registration, the MOBINYM registry’s acceptance of your MOBINYM registration. We will endeavor to provide you notice prior to the renewal of your services at least fifteen (15) days in advance of the renewal date. Additional payment terms may apply to the Firstin Wireless Technology services you purchase, as set forth in the applicable Schedules to this Agreement. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of the service, and that we are authorized to charge your credit card on file for the renewal of the service(s). In any event, you are solely responsible for the credit card information you provide to Firstin Wireless Technology and must promptly inform Firstin Wireless Technology of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. Firstin Wireless Technology shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. All payments of fees for Firstin Wireless Technology services shall be made in CDN dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable Firstin Wireless Technology services. All sums due and payable that remain unpaid after any applicable accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.

3. ACCURATE INFORMATION. You agree to:

   1. provide certain true, current, complete and accurate information about you as required by the application process; and
   2. maintain and update according to our modification procedures the information you provided to us. We rely on this information to send you important information and notices regarding your account and our services.

4. PRIVACY. Our privacy statement, is located on our Web site at Privacy Policy . Web site purchases, including, but not limited to, MOBINYM registrations, are covered by the privacy statement set forth on our Web site.

   You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided in one or more of the Schedules attached hereto. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected, (ii) the intended recipients or categories of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information.

5. OWNERSHIP. Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Firstin Wireless Technology services identified herein ("Firstin Wireless Technology Intellectual Property Rights") are owned by Firstin Wireless Technology or its licensors, and you agree to make no claim of interest in or ownership of any such Firstin Wireless Technology Intellectual Property Rights. You acknowledge that no title to the Firstin Wireless Technology Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Firstin Wireless Technology or its licensors’ service, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Firstin Wireless Technology and all right, title and interest in and to each such Derivative Work shall automatically vest in Firstin Wireless Technology. Firstin Wireless Technology shall have no obligation to grant you any right in any such Derivative Work.

6. EXCLUSIVE REMEDY; TIME LIMITATION ON FILING ANY CLAIM. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY FIRSTIN WIRELESS TECHNOLOGY SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL FIRSTIN WIRELESS TECHNOLOGY, ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM FIRSTIN WIRELESS TECHNOLOGY) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF FIRSTIN WIRELESS TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A PROVINCE OR STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN FIRSTIN WIRELESS TECHNOLOGY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH PROVINCE OR STATE.

7. Firstin Wireless and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or access to your MOBINYM; (8) loss or liability from your inability to use our calling service, web site manager service or any component of the subscription service (for websites from Firstin Wireless or mobinym); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your MOBINYM record or your agent’s failure to pay any fees, including the initial registration fee or registration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under Firstin Wireless Technology’s sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED

8. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS’ SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FIRSTIN WIRELESS NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

9. INDEMNITY. You agree to release, indemnify, defend and hold harmless Firstin Wireless Technology and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Firstin services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Firstin Wireless, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Firstin Wireless services, or (g) any information, material, or services available on your licensed Firstin Wireless Web Site . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Firstin Wireless services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

10. TERMINATION.

    1. By You. You may terminate this Agreement upon at least thirty (30) days written notice to Firstin Wireless for any reason.

    2. By Us. We may terminate this Agreement or any part of this Firstin Wireless services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 4 of this Agreement, if we determine in our sole discretion that you have violated this Firstin Wireless Acceptable Use Policy, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.

    3. Effect of Termination. Except as otherwise expressly set forth herein or on our Web site, Firstin Wireless will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by Firstin Wireless, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various Schedules below). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Firstin Wireless incurs in closing your account. You agree to pay any and all costs incurred by Firstin Wireless in enforcing your compliance with this Section. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Firstin Wireless service and or MOBINYM.com web site, if applicable. In addition to the terms set forth herein, certain MOBINYM services may have additional terms regarding termination, which are set forth in the applicable Schedule.

11. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) neither your registration nor use of the any of the Firstin Wireless services nor the manner in which you intend to use such Firstin Wireless services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you have selected the necessary security option(s) for your MOBINYM registration record, (iv) you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents’ permission to apply for services hereunder); and (vi) you agree to comply with all applicable laws and regulations.

12. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on Firstin Wireless Web sites, or upon notification to you by e-mail or postal mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly noted otherwise in one or more of the Schedules to this Agreement, but you will not incur any additional fees. By continuing to use Firstin Wireless services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Firstin Wireless is authorized to alter or amend the terms and conditions of this Agreement.

13. ACCOUNT ACCESS. To access or use the MOBINYM services or to modify your account, you are required to establish an account and obtain a login name, account number, and password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password. You must immediately notify us of any unauthorized use of your password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password. In no event will we be liable for the unauthorized use or misuse of your login name, account number, or password. You agree that we may log off any account that is inactive for an extended period of time.

14. AGENTS. You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the MOBINYM dispute policy. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.

15. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen MOBINYM, or register you for other Firstin Wireless service(s), or to delete your chosen MOBINYM within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen MOBINYM, or register you for other Firstin Wireless service(s), or we delete your chosen MOBINYM or other MOBINYM service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen MOBINYM, refusal to issue a digital certificate, the deletion of your chosen MOBINYM or refusal to register you for other Firstin Wireless service(s).

16. NOTICES AND ANNOUNCEMENTS. (a) Except as expressly provided otherwise herein, all notices to Firstin Wireless shall be in writing and delivered via overnight courier or certified mail, return receipt requested to Firstin Wireless Technologies Inc. Attention: Legal Department, 370 Guy Street Suite 203 Montreal QC, H3J 1S6. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your MOBINYM registration(s) with Firstin Wireless. (b) You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), which telephone number is incorporated herein by reference, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.

17. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

18. ENTIRE AGREEMENT. You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.

19. ASSIGNMENT AND RESALE. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the services (or portion thereof) without Firstin Wireless prior express written consent.

20. GOVERNING LAW.

    1. You and Firstin Wireless agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the province of Quebec In Canada excluding its conflict of laws rules.

    2. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.

21. AGREEMENT TO BE BOUND. By applying for a MOBINYM through our online application process or otherwise, or by using the service(s) provided by Firstin Wireless under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

22. INDEPENDENT PARTIES. Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

23. WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Firstin Wireless. The remedies of Firstin Wireless under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

24. EXPORT RESTRICTIONS. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any Firstin Wireless services in violation of the laws and regulations of any applicable jurisdiction.

25. FORCE MAJEURE. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Firstin Wireless may immediately terminate this Agreement.

26. HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

27. SURVIVAL. In the event this Agreement terminates as provided herein, Sections 1, 2, 3, 6, 7, 8, 9, 10(c), 10(d), 14, and 17 through 29 of this Agreement shall survive such expiration or termination.

SCHEDULE A TO FIRSTIN WIRELESS SERVICE AGREEMENT ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF MOBINYMS

28. Security. Firstin Wireless does not guarantee the security of your MOBINYM registration records, and you assume all risks that the password and/or pass phrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity.

29. Fees and Payment. Initial MOBINYM registrations, and MOBINYM registrations that have passed the registration agreement’s anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request Firstin Wireless to affect the MOBINYM record or to provide MOBINYM services. MOBINYM registrations in an unpaid status are routinely deleted on a regular basis.

30. Transfers and Licensing of Use. You agree that you may not transfer your MOBINYM registration to another MOBINYM registrar. Even if you license the use of our MOBINYM registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee’s wrongful use of our MOBINYM registration services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm.

31. Firstin Wireless’s Disclosure of Certain Information. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the MOBINYM system, you hereby grant to Firstin Wireless the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a MOBINYM: (i) the MOBINYM(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your MOBINYM(s); (iv) the original creation date of the registration; and (v) the expiration date of the registration. You also grant to Firstin Wireless the right to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register MOBINYMs.

32. MOBINYM Dispute Policy. If you registered a MOBINYM through us, you agree to be bound by our current MOBINYM dispute policy that is incorporated herein and made a part of this Agreement by reference. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your MOBINYM after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

33. MOBINYM Disputes Brought by Third Parties. You agree that, if your use of our MOBINYM registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. For the adjudication of any disputes brought by a third party against you concerning or arising from your use of a MOBINYM registered with us or your use of our MOBINYM registration services, you (but not Firstin Wireless) agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the province of Quebec courts and the courts of your domicile. You agree that in the event a MOBINYM dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our MOBINYM registration services, you agree not to make any changes to your MOBINYM record without our prior approval. We may not allow you to make changes to such MOBINYM record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our MOBINYM registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our MOBINYM registration services, we may deposit control of your MOBINYM record into the registry of the judicial body by supplying a party with a registrar certificate from us. You agree that we will comply with all court orders, domestic or international, directed against you and/or the MOBINYM registration.

34. No Guaranty. You agree that, by registration of your chosen MOBINYM, such registration does not confer immunity from objection to either the registration or use of your MOBINYM.

35. Revocation. You agree that we may suspend, cancel or transfer your services, including, but not limited to, MOBINYM registration services in order to: (i) correct mistakes made by us, another registrar or the registry in registering your chosen MOBINYM, or (ii) to resolve a dispute under our MOBINYM dispute policy.

36. Grace Period; Renewal and Transfer of Expired MOBINYMs on Your Behalf. You agree that we may, but are not obligated to, allow you to renew your MOBINYM after its expiration date has passed. You agree that after the expiration date of your MOBINYM registration and before it is deleted or renewed, we may direct your MOBINYM to a number or destination designated by us, including, without limitation, a destination that may include promotions and advertisements for, MOBINYM’s Web site, product and service offerings, third-party Web sites, third-party product and service offerings, and/or search engines. Should you not renew your MOBINYM during any applicable grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the MOBINYM to a third party on your behalf. and your failure to so notify us after the MOBINYM expiration date shall constitute your consent to such a transfer. In the event we are able to identify such a third party and effectuate such a transfer, we will notify you via email after the transaction is completed.