• Universal Terms of Service

    Plains Mobile Universal Terms of Service Agreement

    Last Revised: November 11, 2012  PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

    1. OVERVIEW This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Plains Mobile Inc, a North Dakota Corporation (“Plains Mobile”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.

    The terms “we”, “us” or “our” shall refer to Plains Mobile. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    Plains Mobile may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Plains Mobile may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information current. Plains Mobile assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

    2. ELIGIBILITY; AUTHORITY

    This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found at this Site under the laws of the United States or other applicable jurisdiction.

    If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Plains Mobile finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Plains Mobile shall not be liable for any loss or damage resulting from Plains Mobile’s reliance on any instruction, notice, document or communication reasonably believed by Plains Mobile to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Plains Mobile reserves the right (but undertakes no duty) to require additional authentication from you.

    3. ACCOUNTS; TRANSFER OF DATA ABROAD

    Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to Plains Mobile that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Plains Mobile has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Plains Mobile reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/handle, password, and Payment Method(s) (as defined below). For security purposes, Plains Mobile recommends that you change your password at least once every six (6) months for each Account you have with Plains Mobile. You must notify Plains Mobile immediately of any breach of security or unauthorized use of your Account. Plains Mobile will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Plains Mobile or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

    Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

    4. GENERAL RULES OF CONDUCT

    You acknowledge and agree that:

    1.           Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

    2.           You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

    3.           You will not use this Site or the Services found at this Site in a manner (as determined by Plains Mobile in its sole and absolute discretion) that:

    o            Is illegal, or promotes or encourages illegal activity;

    o            Promotes, encourages or engages in child pornography or the exploitation of children;

    o            Promotes, encourages or engages in terrorism, violence against people, animals, or property;

    o            Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

    o            Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

    o            Infringes on the intellectual property rights of another User or any other person or entity;

    o            Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

    o            Interferes with the operation of this Site or the Services found at this Site;

    o            Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

    o            Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Plains Mobile or our Services.

    4.           You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Plains Mobile.

    5.           You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

    6.           You will not access Plains Mobile Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Plains Mobile may designate.

    7.           You agree to back-up all of your User Content so that you can access and use it when needed. Plains Mobile does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

    8.           You will not use this Site or the Services found at this Site, including any of Plains Mobile’s related technologies, for any commercial use without Plains Mobile’s express prior written consent.

    9.           You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

    10.         You are aware that Plains Mobile may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Plains Mobile, in its sole discretion, to record the entirety of such calls regardless of whether Plains Mobile asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which Plains Mobile is a party.

    Plains Mobile reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

    5. YOUR USE OF Plains Mobile CONTENT AND USER CONTENT

    In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Plains Mobile Content and User Content posted to Plains Mobile’s corporate websites (i.e., those sites which Plains Mobile directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

    Plains Mobile Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Plains Mobile Content”), are owned by or licensed to Plains Mobile in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Plains Mobile Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Plains Mobile. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Plains Mobile reserves all rights not expressly granted in and to the Plains Mobile Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.

    User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Plains Mobile that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

    Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Plains Mobile Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Plains Mobile Content or the User Content therein.

    6. USE OF USER CONTENT

    The provisions in this Section 6 apply specifically to Plains Mobile’s use of User Content posted to Plains Mobile’s corporate websites (i.e., those sites which Plains Mobile directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

    Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

    With Respect to User Submissions. You acknowledge and agree that:

    1.           Your User Submissions are entirely voluntary.

    2.           Your User Submissions do not establish a confidential relationship or obligate Plains Mobile to treat your User Submissions as confidential or secret.

    3.           Plains Mobile has no obligation, either express or implied, to develop or use you’re User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

    4.           Plains Mobile may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own or it may have taken / will take some other action.

    Plains Mobile shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

    With Respect to User Content (Other Than User Submissions).

    If you have a website or service hosted by Plains Mobile or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

    However, if you post or publish your User Content to this Site, you authorize Plains Mobile to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant Plains Mobile a worldwide, non-exclusive, royalty-free, sub licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Plains Mobile’s (and Plains Mobile’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Plains Mobile may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Plains Mobile shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Plains Mobile (or Plains Mobile affiliates’) business(es).

    7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

    Plains Mobile generally does not pre-screen User Content (whether posted to a website hosted by Plains Mobile or posted to this Site). However, Plains Mobile reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Plains Mobile may remove any item of User Content (whether posted to a website hosted by Plains Mobile or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Plains Mobile in its sole and absolute discretion), at any time and without prior notice. Plains Mobile may also terminate a User’s access to this Site or the Services found at this Site if Plains Mobile has reason to believe the User is a repeat offender. If Plains Mobile terminates your access to this Site or the Services found at this Site, Plains Mobile may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

    8. ADDITIONAL RESERVATION OF RIGHTS

    Plains Mobile expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Plains Mobile in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Plains Mobile in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Plains Mobile, its officers, directors, employees and agents, as well as Plains Mobile’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Plains Mobile.

    Plains Mobile expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

    Plains Mobile expressly reserves the right to terminate, without notice to you, any and all Services where, in Plains Mobile’s sole discretion, you are harassing or threatening Plains Mobile and/or any of Plains Mobile’s employees.

    9. NO SPAM; LIQUIDATED DAMAGES

    You acknowledge you have read, understand and agree to be bound by Plains Mobile’s Anti-Spam Policy referenced above and available here. You agree Plains Mobile may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Plains Mobile liquidated damages in the amount of $5.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

    10. TRADEMARK AND/OR COPYRIGHT CLAIMS

    Plains Mobile supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to the Plains Mobile Trademark and/or Copyright Infringement policy.

    11. LINKS TO THIRD-PARTY WEBSITES

    This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Plains Mobile. Plains Mobile assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Plains Mobile does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Plains Mobile from any and all liability arising from your use of any third-party website. Accordingly, Plains Mobile encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

    12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Plains Mobile, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Plains Mobile, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Plains Mobile ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

    IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Plains Mobile, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

    THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

    13. LIMITATION OF LIABILITY

    IN NO EVENT SHALL Plains Mobile, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Plains Mobile IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

    IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Plains Mobile’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.

    THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

    14. INDEMNITY

    You agree to protect, defend, indemnify and hold harmless Plains Mobile and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Plains Mobile directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

    15. FEES AND PAYMENTS

    (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

    You agree to pay any and all prices and fees due for certain Services purchased or obtained at this Site at the time you order the Services. For contract services, you agree to pay the work as scheduled and agreed upon. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Plains Mobile expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

    Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) via an electronic check from your personal or business checking account, as appropriate (and as defined below); (iv) by using an International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. Your Payment Method on file must be kept valid if you have any active Services in your Account.

    You acknowledge and agree that where refunds are issued to your Payment Method, Plains Mobile’s issuance of a refund receipt is only confirmation that Plains Mobile has submitted your refund to the Payment Method charged at the time of the original sale, and that Plains Mobile has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

    In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Plains Mobile, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a Plains Mobile check, which will be sent to the mailing address on file for your Account. Plains Mobile also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a Plains Mobile check are solely within Plains Mobile’s discretion and are not available at customer request.

    If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

    In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Plains Mobile will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with Plains Mobile at Plains Mobile’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Plains Mobile shall not be liable to you or any third party regarding the same.

    In addition, Plains Mobile may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Plains Mobile will automatically update your payment profile on your behalf. Plains Mobile makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Plains Mobile shall not be liable to you or any third party regarding the same.

    If for any reason Plains Mobile is unable to charge your Payment Method for the full amount owed for the Services provided, or if Plains Mobile receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Plains Mobile may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Plains Mobile also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Plains Mobile may perform outside the normal scope of its Services, (ii) additional time and/or costs Plains Mobile may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Plains Mobile in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Plains Mobile staff or by outside firms retained by Plains Mobile; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Plains Mobile as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Plains Mobile.

    Plains Mobile may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Plains Mobile makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

    (B) PAY BY CHECK (ELECTRONIC CHECK)

    By using Plains Mobile’s pay by check option (“Pay By Check”), you can purchase Plains Mobile Services using an electronic check (from your personal or business checking account, as appropriate). In connection therewith, you agree to allow us to debit the full amount of your purchase from your checking account (“Checking Account”), which is non-refundable. Our check processing provider will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

    It is your responsibility to keep your Checking Account current and funded. You acknowledge and agree that Plains Mobile or its check processing partner reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither our processing company nor Plains Mobile shall be liable to you or any third party regarding the same. If for any reason we are unable to withdraw the full amount owed for the Services provided, you agree that Plains Mobile may pursue all available lawful remedies in order to obtain payment (plus applicable fees). You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with associated bank fees. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars.

    By clicking the box labeled “I agree” to the terms of the Pay By Check payment option, you authorize the information provided to be used for the creation of an EFT or bank draft and you authorize a debit of the full amount of your purchase from your Checking Account.

    (C) INTERNATIONAL PAYMENT OPTIONS

    Plains Mobile offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Plains Mobile. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Plains Mobile.

    It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Plains Mobile shall be liable to you or any third party regarding the same. You acknowledge that Plains Mobile will not attempt to fulfill the Services purchased by you until Plains Mobile receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Plains Mobile does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Plains Mobile account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

    If, at the time Plains Mobile receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Plains Mobile may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Plains Mobile reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Plains Mobile will be net of the IPP Fees unless otherwise specified.

    (D) IN-STORE CREDIT BALANCES

    In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains an in-store credit balance, you hereby authorize Plains Mobile to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, Plains Mobile may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Plains Mobile is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Plains Mobile’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Plains Mobile may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.

    You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that Plains Mobile terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited. In-store credit balances may be redeemed to your Payment Method, only if: (i) requested by you and (ii) if the available in-store credit was from a product or service purchase charged to your Payment Method. If your Payment Method imposes limitations on refunds, you may be issued a check, in USD for refundable in-store credits and subject to the terms described in Section 15.(A). All refunds of in-store credits must be requested within two years of issuance. In no event will in-store credit refunds exceed the amount refunded to in-store credit for any associated Payment Method.

    You also acknowledge that funds available in your in-store credit balance will be held by Plains Mobile and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that Plains Mobile shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

    16. UNCLAIMED PROPERTY; DORMANCY CHARGES

    Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Plains Mobile is unable to issue payment to such customer or (ii) Plains Mobile issued payment to such customer in the form of a paper check, but the check was never cashed, then Plains Mobile shall turn over such account balance to the State of North Dakota in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, Plains Mobile may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.

    17. SUCCESSORS AND ASSIGNS

    This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

    18. NO THIRD-PARTY BENEFICIARIES

    Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

    19. U.S. EXPORT LAWS

    This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

    20. COMPLIANCE WITH LOCAL LAWS

    Plains Mobile makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

    21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

    This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of North Dakota, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of North Dakota, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of North Dakota. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

    22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

    The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

    23. CONTACT INFORMATION

    Plains Mobile Inc 750 Little Beaver Dr SW, Linton, North Dakota, USA, 58552

    If you have any questions about this Agreement, please contact us by email at info@PlainsMobile.com.

    Revised: 11/11/2012

    Copyright © 2012 Plains Mobile Inc  All Rights Reserved.

  • Privacy Policy

    Privacy Policy

    Your privacy is important to Plains Mobile. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices.

    Collection and Use of Personal Information

    Personal information is data that can be used to uniquely identify or contact a single person.

    You may be asked to provide your personal information anytime you are in contact with Plains Mobile or an affiliated company. Plains Mobile and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

    Here are some examples of the types of personal information Plains Mobile may collect and how we may use it.

    What personal information we collect

    • When you create an Plains Mobile ID, register your products, apply for commercial credit, purchase a product, download a software update, register for a Plains Mobile class, or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
    • When you share your content with family and friends using Plains Mobile products, send gift certificates and products, or invite others to join you on Plains Mobile forums, Plains Mobile may collect the information you provide about those people such as name, mailing address, email address, and phone number.
    • In the U.S., we may ask for your Social Security number (SSN) but only in limited circumstances such as when setting up your 2020 Business account and activating your service.

    How we use your personal information

    • The personal information we collect allows us to keep you posted on Plains Mobile’s latest product announcements, software updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by updating your account preferences.
    • We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
    • From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Plains Mobile, you may not opt out of receiving these communications.
    • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Plains Mobile’s products, services, and customer communications.
    • If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

    Collection and Use of Non-Personal Information

    We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

    • We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an Plains Mobile product is used so that we can better understand customer behavior and improve our products, services, and advertising.
    • We also may collect information regarding customer activities on our website and from our 2020 products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

    If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

    Cookies and Other Technologies

    Plains Mobile’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and related technologies. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

    Plains Mobile and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, you can opt out by accessing the link provided on each advertisement. You may still see ads related to the content on a web page or in an application or based on other non-personal information. This opt-out applies only to Plains Mobile advertising services and does not affect interest-based advertising from other advertising networks.

    Plains Mobile and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Plains Mobile more convenient and personal. Knowing your country and language − and if you are an educator, your school − helps us provide a customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, product serial numbers, and information about your computer or device helps us register your products, personalize your operating system, set up your iCloud service, and provide you with better customer service.

    If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the privacy pane to disable cookies.

    As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

    We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Plains Mobile may use this information in our marketing and advertising services.

    In some of our email messages, we use a “click-through URL” linked to content on the Plains Mobile website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

    Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

    Disclosure to Third Parties

    At times Plains Mobile may make certain personal information available to strategic partners that work with Plains Mobile to provide products and services, or that help Plains Mobile market to customers. For example, when you purchase and activate your iPhone, you authorize Plains Mobile and its carrier to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by Plains Mobile and its carrier’s respective privacy policies. Personal information will only be shared by Plains Mobile to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

    Service Providers

    Plains Mobile shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Plains Mobile operates.

    Others

    It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Plains Mobile to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

    We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

    Protection of Personal Information

    Plains Mobile takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

    Plains Mobile online services such as the Plains Mobile Online Store and iTunes Store use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

    When you use some Plains Mobile products, services, or applications or post on an Plains Mobile forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

    Integrity and Retention of Personal Information

    Plains Mobile makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

    Access to Personal Information

    You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at PlainsMobile.com. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Plains Mobile is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form.

    Children

    We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.

    Location-Based Services

    To provide location-based services on Plains Mobile products, Plains Mobile and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of the device utilized to access Plains Mobile services. This location data is collected anonymously in a form that does not personally identify you and is used by Plains Mobile and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

    Third-Party Sites and Services

    Plains Mobile websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party iPhone app. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

    International Users

    Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Plains Mobile abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program.

    Our Companywide Commitment to Your Privacy

    To make sure your personal information is secure, we communicate our privacy and security guidelines to Plains Mobile employees and strictly enforce privacy safeguards within the company.

    Privacy Questions

    If you have any questions or concerns about Plains Mobile’s Privacy Policy or data processing, please email us at info@PlainsMobile.com.

    Plains Mobile may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

    Plains Mobile Inc 750 Little Beaver Dr SW, Linton, North Dakota, USA, 58552

    Last updated: November 21, 2012

  • Anti-Spam Policy

     

    PLAINS MOBILE ANTI-SPAM POLICY

    Plains Mobile does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and track all reported allegations of spam. Customers suspected to be using Plains Mobile products and services for the purpose of sending spam are fully investigated. Once Plains Mobile determines there is a problem with spam, Plains Mobile will take the appropriate action to resolve the situation. Our spam abuse compliant center can be reached by email at ReportAbuse@PlainsMobile.com.

    HOW WE DEFINE SPAM

    We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:

    i.            Email Messages

    ii.           Newsgroup postings

    iii.          Windows system messages

    iv.          Pop-up messages (aka “adware” or “spyware” messages)

    v.           Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

    vi.          Online chat room advertisements

    vii.         Guestbook or Website Forum postings

    viii.        Facsimile Solicitations

    WHAT WE ALLOW AND DON’T ALLOW

    We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Plains Mobile’s no spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already “opted-in” to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by Plains Mobile, conclusive proof of opt-in may be required for an email address or fax number.

    WHAT WE DO

    If Plains Mobile determines the services in question are being used in association with spam, Plains Mobile will re-direct, suspend, or cancel any 2020 service or other applicable services for a period of no less than two (2) days. The customer will be required to respond by email to Plains Mobile stating that they will cease to send spam and/or have spam sent on their behalf. Plains Mobile will require a non-refundable reactivation fee to be paid before the site, and/or services are reactivated. In the event Plains Mobile determines the abuse has not stopped after services have been restored the first time, Plains Mobile may terminate the services in question. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.

    Email: ReportAbuse@PlainsMobile.com

    Plains Mobile is committed to making the Internet a safer place

    In furtherance of this commitment, we have joined forces with the Anti-Phishing Working Group (APWG). APWG is an industry association dedicated to the elimination of the identity theft and fraud associated with phishing and email spoofing. APWG currently has more than 2000 members consisting of law enforcement, financial institutions and technology vendors. APWG focuses on education of the consumer and development of industry and legal solutions to the growing problem of phishing and email spoofing. We are proud to join this group and hope that together, we can end the threat that phishing and email spoofing poses.

    If you have any questions or concerns about Plains Mobile’s Privacy Policy or data processing, please email us at info@PlainsMobile.com.

    Plains Mobile Inc 750 Little Beaver Dr SW, Linton, North Dakota, USA, 58552

    Plains Mobile may update its Anti-Spam Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Anti-Spam Policy.

    Last updated: November 21, 2012

  • Trademark and/or Copyright Guidelines

    Guidelines for Using Plains Mobile Trademarks and Copyrights

    These guidelines are for Plains Mobile licensees, authorized resellers, developers, customers, and other parties wishing to use Plains Mobile trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the Plains Mobile Logo for commercial purposes without the prior written consent of Plains Mobile may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Plains Mobile trademarks may be prohibited, unless expressly authorized.

    If you are a licensee of a Plains Mobile trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a Plains Mobile Authorized Reseller or member of a Plains Mobile program, you may be subject to additional restrictions.

    Plains Mobile trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a Plains Mobile trademark, in whole or in part, you are acknowledging that Plains Mobile is the sole owner of the trademark and promising that you will not interfere with Plains Mobile rights in the trademark, including challenging Plains Mobile use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Plains Mobile trademark. The goodwill derived from using any part of a Plains Mobile trademark exclusively inures to the benefit of and belongs to Plains Mobile. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your Plains Mobile representative or submit your query to Trademarks@PlainsMobile.com.

    Authorized Use of Plains Mobile Trademarks

    1. Advertising, Promotional, and Sales Materials: Only Plains Mobile and its authorized resellers and licensees may use the Plains Mobile Logo in advertising, promotional, and sales materials. Such authorized parties may use the Plains Mobile Logo only as specified in their agreement with Plains Mobile and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Plains Mobile. For example:

    Authorized Reseller

    Authorized Value Added Reseller

    Authorized Service Provider

    Authorized Partner

    2. Compatibility: Developers may use Plains Mobile, LoyaltyCheck, 2020, EasyFlex, EasyConnect, or any other Plains Mobile word mark (but not the Plains Mobile Logo or other Plains Mobile-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Plains Mobile product or technology, provided they comply with the following requirements.

    a. The Plains Mobile word mark is not part of the product name.

    b. The Plains Mobile word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”

    c. The Plains Mobile word mark appears less prominent than the product name.

    d. The product is in fact compatible with, or otherwise works with, the referenced Plains Mobile product.

    e. The reference to Plains Mobile does not create a sense of endorsement, sponsorship, or false association with Plains Mobile or Plains Mobile products or services.

    f. The use does not show Plains Mobile or its products in a false or derogatory light.

    3. Publications, Seminars, and Conferences: You may use a Plains Mobile word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

    a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for Plains Mobile 2020 Users

    b. The use reflects favorably on both Plains Mobile and Plains Mobile products or technology.

    c. Your name and logo appear more prominent than the Plains Mobile word mark on all printed materials related to the publication, seminar or conference.

    d. The Plains Mobile logo or any other Plains Mobile-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Plains Mobile.

    e. A disclaimer of sponsorship, affiliation, or endorsement by Plains Mobile, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Plains Mobile Inc.”

    f. A trademark attribution notice is included in the credit section giving notice of Plains Mobile’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”

    4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning a Plains Mobile product or technology may use the appropriate Plains Mobile word mark, provided such use complies with the guidelines set forth in Section 3 above.

    Unauthorized Use of Plains Mobile Trademarks

    1. Company, Product, or Service Name: You may not use or register, in whole or in part, Plains Mobile, 2020, EasyFlex, EasyConnect, OfficeChat, or any other Plains Mobile trademark, including Plains Mobile-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.

    2. Plains Mobile Logo and Plains Mobile-owned Graphic Symbols: You may not use the Plains Mobile Logo or any other Plains Mobile-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Plains Mobile, such as a reseller agreement.

    3. Variations, Takeoffs or Abbreviations: You may not use an image of a real Plains Mobile or other variation of the Plains Mobile logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Plains Mobile trademark for any purpose.

    4. Disparaging Manner: You may not use a Plains Mobile trademark or any other Plains Mobile-owned graphic symbol, logo, or icon in a disparaging manner.

    5. Endorsement or Sponsorship: You may not use Plains Mobile, 2020, EasyFlex, EasyConnect, OfficeChat, or any other Plains Mobile trademark, including Plains Mobile-owned graphic symbols/logos, or icons, in a manner that would imply Plains Mobile affiliation with or endorsement, sponsorship, or support of a third party product or service.

    6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Plains Mobile, 2020, EasyFlex, EasyConnect, OfficeChat or any other Plains Mobile trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Plains Mobile.

    7. Plains Mobile’s Trade Dress: You may not imitate the distinctive Plains Mobile packaging, web site design, logos, or typefaces.

    8. Slogans and Taglines: You may not use or imitate a Plains Mobile slogan or tagline.

    For example: “Business Vision to Life.”

    9. Domain Names: You may not use an identical or virtually identical Plains Mobile trademark as a second level domain name.

    Not acceptable: “MyPlainsMobile.com” “iPlainsMobile.com” “MobilePlains.com” “Plains.Mobile.com”

    The Plains Mobile Trademark

    1. You may not use the Plains Mobile trademark standing alone except to denote or refer to the Plains Mobile product line.

    2. You may use “Plains Mobile” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:

    a. Your product is not a software service or cloud based product.

    b. “Plains Mobile” is used in combination with another non-generic word.

    c. “Plains Mobile” does not appear more prominently than the rest of the name in size, color, or typeface.

    e. Your name does not suggest a false association with Plains Mobile.

    f. Your name is not confusingly similar to any trademark owned or used by Plains Mobile.

    g. You acknowledge that Plains Mobile is the sole owner of the “Plains Mobile” trademark and that you will not interfere with Plains Mobile’s use or registration of “Plains Mobile” alone or in combination with other words.

    h. If you are an Plains Mobile Authorized Reseller or member of an Plains Mobile program, you may be subject to additional restrictions.

    Rules for Proper Use of Plains Mobile Trademarks

    1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.

    2. As adjectives, trademarks may not be used in the plural or possessive form.

    3. Always spell and capitalize Plains Mobile trademarks exactly as they are shown. Do not shorten or abbreviate Plains Mobile product names. Do not make up names that contain Plains Mobile trademarks.

    Proper Trademark Notice and Attribution

    1. Distribution within the United States Only

    a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Plains Mobile trademark appears in the text of the advertisement, brochure, or other material.

    b. Refer to the Plains Mobile Trademark information for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark.

    c. Include an attribution of Plains Mobile ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.

    Following are the correct formats:

    _________ and _______ are registered trademarks of Plains Mobile Inc.

    _________ and _______ are trademarks of Plains Mobile Inc.

    2. Distribution Outside the United States:

    a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.

    b. Use one of the following international credit notices:

    _________ is a trademark of Plains Mobile Inc., registered in the U.S. and other countries.

    _________ is a trademark of Plains Mobile Inc.

    Depictions of Plains Mobile Products

    1. Endorsement or Sponsorship: Plains Mobile does not support the use of its logos, company names, product names, or images of Plains Mobile products by other parties in marketing, promotional or advertising materials as their use may create the perception that Plains Mobile endorses or sponsors the product, service or promotion.

    2. Compatibility: If you are a developer, you may show an image of a Plains Mobile product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Plains Mobile product or technology, provided you comply with the following requirements:

    a. Your product is in fact compatible with, or otherwise works with, the referenced Plains Mobile product.

    b. The image is an actual photograph of the genuine Plains Mobile product and not an artist’s rendering (Note: You must obtain express written permission from Plains Mobile before using any photograph owned or licensed by Plains Mobile).

    c. The Plains Mobile product is shown only in the best light, in a manner or context that reflects favorably on the Plains Mobile products and on Plains Mobile Inc.

    d. The reference to Plains Mobile does not create a sense of endorsement or sponsorship by, or other false association with, Plains Mobile or Plains Mobile products.

    Contact Us

    For further information please write or email us;

    Plains Mobile Inc 750 Little Beaver Dr SW, Linton, North Dakota, USA, 58552

    Trademarks@PlainsMobile.com.

    Revised: 11/11/2012

    Copyright © 2012 Plains Mobile Inc  All Rights Reserved.

     

  • Trademark List

    Plains Mobile Trademark List

    The following is a list of Plains Mobile trademarks and service marks.

    When using the marks in publications that will be distributed only in the United States, include the appropriate TM, SM, or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Plains Mobile 2020 and LoyaltyCheck 2020 are trademarks of Plains Mobile Inc, registered in the U.S. and other countries.

    The list also includes one or more suggested generic terms for each trademark. For all publications, include an appropriate generic term after the trademark the first time it appears. Thereafter, the generic term should appear frequently with the trademark. (Note: These generic terms are only suggestions, and there may be other words that are equally appropriate.)

    Remember that trademarks are adjectives, and cannot be made plural or possessive.

    The absence of a product or service name or logo from this list does not constitute a waiver of Plains Mobile trademark or other intellectual property rights concerning that name or logo.

       ezCinect ™                                                :            ERP integration solution

       bizCinect ™                                              :             Mobile Platform as a Service

       webCinect ™                                            :            Transaction Exchange Service

       chatCinect™                                             :            Application based Messaging Platform

      

    SPECIAL AND LICENSED TRADEMARKS AND/OR COPYRIGHTS

    Use the trademark notation shown here the first time the trademark is mentioned in text in U.S. publications. Include the credit line in all U.S and international publications in which the trademark is mentioned.

    Contact Us

    For further information please write or email us;

    Plains Mobile Inc 750 Little Beaver Dr SW, Linton, North Dakota, USA, 58552

    Trademarks@PlainsMobile.com.

    Revised: 11/11/2012

    Copyright © 2012 Plains Mobile Inc  All Rights Reserved.

  • 2020 Vision Program

    Plains Mobile 2020 Vision Contract

    This Contract (this “Contract”) is made effective as of November 07, 2012, by and between Plains Mobile Inc, of 750 Little Beaver Dr SW, Linton, North Dakota 58552, (Plains Mobile), and _________________, of _________________, _________________, _________________ _________________

    1. DESCRIPTION OF SERVICES. Beginning on November 07, 2012, Plains Mobile will provide to _________________ the following services (collectively, the “Services”):

    a. Access to the Plains Mobile Online Community.
    b. Guaranteed response to feature and design requirements.
    c. Enrollment in the 2020 Vision Progream.
    d. 50% discount on all additional Plains Mobile Services for 2 years.
    e. 50% discount on Plains Mobile 2020 for 5 years.
    f. Automatic Upgrade to the Plains Mobile Managed Support Plan for 2 years.

    2. PAYMENT. Payment shall be made to Plains Mobile Inc, 750 Little Beaver Dr SW, Linton, North Dakota 58552, in the amount of $100.00 upon executing this Contract.

    3. WARRANTIES. Plains Mobile shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Plains Mobile’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Plains Mobile on similar projects.

    4. TERM. This Contract will remain in effect for a period of 5 years.

    5. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Plains Mobile in connection with the Services will be the exclusive property of Plains Mobile. Upon request, _________________ will execute all documents necessary to confirm or perfect the exclusive ownership of Plains Mobile to the Work Product.

    6. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

    a. The failure to make a required payment when due.

    b. The insolvency or bankruptcy of either party.

    c. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

    d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

    7. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 60 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

    8. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

    9. ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

    10. CONFIDENTIALITY. Plains Mobile, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Plains Mobile, or divulge, disclose, or communicate in any manner, any information that is proprietary to Vision 2020 members. Plains Mobile and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.

    11. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

    12. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.

    13. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.

    14. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

    15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

    16. COMPETITION. If you are a direct competitor of Plains Mobile Inc in the field of business related application and platform development, you are not eligible for this agreement and/or program.

    17. APPLICABLE LAW. This Contract shall be governed by the laws of the State of North Dakota.

    Service Recipient:

    _________________

    By: ____________________________________________________

    _________________

    _________________

    Service Provider:

    Plains Mobile Inc

    By: ____________________________________________________

    Jon Richter

    CEO

     

  • NON-DISCLOSURE AGREEMENT

    NON-DISCLOSURE AGREEMENT

    This Non-disclosure Agreement (this “Agreement”) is made effective as of November 04, 2012 (the “Effective Date”), by and between Plains Mobile Inc (the “Owner”), of 750 Little Beaver Dr SW, Linton, North Dakota 58552, and _________________ (the “Recipient”), of _________________, _________________, _________________ _________________.
    If you are a direct competitor of Plains Mobile Inc, you are not eligible for this agreement unless otherwise approved in a separate contract.
    The Owner is in the business of developing innovative internet solutions and services. The Recipient is a business in which information will be disclosed to in order to receive feedback and suggestions. The Owner has requested that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows.

    I. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner.

    A. “Confidential Information” includes without limitation:

    – business records and plans

    – trade secrets

    – technical information

    – products

    – inventions

    – product design information

    – computer programs and listings

    – source code and/or object code

    – copyrights and other intellectual property

    and other proprietary information.

    B. “Confidential Information” does not include:

    – matters of public knowledge that result from disclosure by the Owner;

    – information rightfully received by the Recipient from a third party without a duty of confidentiality;

    – information independently developed by the Recipient;

    – information disclosed by operation of law;

    – information disclosed by the Recipient with the prior written consent of the Owner;

    and any other information that both parties agree in writing is not confidential.

    II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:

    A. No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner.

    B. No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner.

    C. Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.

    D. Application to Employees. The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non disclosure agreement substantially the same as this Agreement at the request of the Owner.

    III. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION. If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

    IV. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of the Owner, the Recipient shall return to the Owner all written materials containing the Confidential Information. The Recipient shall also deliver to the Owner written statements signed by the Recipient certifying that all materials have been returned within five (5) days of receipt of the request.

    V. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.

    VI. NO WARRANTY. The Recipient acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. The Owner does not represent or warrant that any product or business plans disclosed to the Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient.

    VII. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Recipient acknowledges that, as between the Owner and the Recipient, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Owner, even if suggestions, comments, and/or ideas made by the Recipient are incorporated into the Confidential Information or related materials during the period of this Agreement.

    VIII. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.

    IX. ATTORNEY FEES. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs.

    X. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. The obligations of confidentiality shall survive 5 year(s) from the date of disclosure of the Confidential Information. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of North Dakota. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times after the effective date of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.

    IN WITNESS WHEREOF, this Non-disclosure Agreement by and between Plains Mobile Inc and _________________ has been executed and delivered in the manner prescribed by law as of the date first written above.

    OWNER:

    Plains Mobile Inc

    By: _______________________________

    Jon Richter

    CEO

    Plains Mobile Inc

    Address:

    750 Little Beaver Dr SW

    Linton, North Dakota 58552

    RECIPIENT:

    _________________

    By: _______________________________

    _________________

    Address:

    _________________

    _________________, _________________ _________________