MTS Systems Evolve User Manual page 34

caused, resulting directly or indirectly from or arising out of this agreement, the Service,
use of the Service, including any 911 emergency service, roaming service or other services
and features or from the use of the MTS facilities by other telecommunications carriers, or
resulting from or arising out of defective equipment or hardware;
• Any content transmitted or received on the MTS Network, including content that may be
dangerous, defamatory or annoying or which may infringe upon a person's intellectual,
privacy or other rights; or
• Infringement of patents arising form combining or using your own facilities with MTS's
facilities. These limits apply to any act or omission of MTS, its employees, agents and
persons for whom it is legally responsible for, which would otherwise be a cause of action
in contract, tort or any other doctrine in law. These limitations do not apply to the
disclosure of confidential customer information.
8. No Warranty – MTS does not guarantee the equipment, hardware, or the uninterrupted
working of the Service or of any related equipment or hardware. MTS also makes no
representations and give no warranties, express or implied, with respect to: (i) your cellular
mobile phone or other equipment other than those provided by the manufacturer; (ii) the
suitability for any particular purpose of the Service, your cellular mobile phone or any other
equipment; and (iii) with respect to third party applications/services, the equipment, hardware
or Service of any third party.
9. Indemnity – You will indemnify MTS from all damages, losses, expenses and any action,
claim and judgment that may be made against MTS by anyone in connection with your use or
misuse of the Service, any equipment or hardware used with the Service, or violation of this
agreement.
10. Termination – MTS may, in its sole discretion, either terminate this agreement or suspend
the Service, without notice or liability at any time if you are in default of this agreement or any
other agreement with MTS, any MTS dealer or assignee. MTS also reserves the right to
terminate the Service if you carry a $0 airtime balance on your Prepaid account for more than
180 days, provided that such time period is subject to change without notice. You will be held
responsible for all charges in connection with this agreement or any other agreement
outstanding as of the date of termination or suspension, as the case may be. If there is
remaining airtime on your Prepaid account at the time of termination or suspension, such credit
amount will be forfeited to MTS, in addition to whatever other remedies MTS may have
recourse to at law.
11. Loss or Theft – It is your responsibility to notify MTS immediately if your cellular phone is
lost, stolen or destroyed. You will be responsible for replacing your handset in addition to all
fees and charges incurred until MTS receives notification.
12. Privacy of Communications – MTS does not guarantee the privacy of any
communications while you are using the Service, equipment, or cellular phone.
13. Confidentiality – Unless you consent in writing or disclosure is pursuant to legal power, all
information kept by MTS about you, other than your name and address, is confidential and will
not be disclosed by MTS to anyone other than you or: