Messages sent using web messaging travel over the Internet. The Internet is a worldwide network that is not maintained by one entity. Therefore, it is quite possible to experience outages and delays on the Internet. In addition, Internet messages may not be secure. Senders should be aware that time-critical messages should be sent using other options available with Mobilfone's Messaging Services, such as our Total Access Web Application.
Mobilfone shall not be held liable for any damages arising out of:
The timeliness or accuracy of any transmission of Internet Messaging;
Failure of an addressee to receive a transmission;
A breach in the confidentiality of such transmission, unless such events are due to Mobilfone's gross negligence or willful misconduct.
In no event shall Mobilfone be liable for lost profits or exemplary, special, incidental, consequential or punitive damages arising directly or indirectly out of any one or more of the foregoing events.
With respect to Internet Messaging Services provided by Mobilfone to the Customer, Customer acknowledges that Mobilfone has no control over either the timeliness of transmission or the confidentiality of pages sent via the Internet.