Terms of use of the Papla Instant Messengers.

1. Definitions

Papla Instant Messenger (instant messenger, Papla Instant) - Java technology application (midlet for a mobile phone, applet for web browsers) downloadable to the Java / GPRS supporting mobile phones or executed from the http://komunikator.papla.pl website.

Emisja - the creator and the copyright owner of the Papla Instant Messenger is Emisja S.A. Company, located in Warsaw (3 Mianowskiego Street 6, 02-044 Warsaw, Poland), registered by the Provincial Court for the Capital City of Warsaw, XIX Commercial Department of the National Court Register, under the number KRS 0000085801.

User - the person who has created an account on the server and uses the Papla Instant Messenger

Account - an account created by the User by means of appropriate options in the Papla Instant Messenger. The User Account is described by two parameters: a unique identifier (ID) and a password.

Terms of Use - the entire document presented herein, specifying the rules of using the Papla Instant Messenger. The current Terms of Use are available on the http://komunikator.papla.pl website.

2. Mobile Instant Messenger (midlet)

2.1 The Papla Instant Messenger has been designed to run on any mobile phone supporting the Java technology (MIDP 1.0) and capable of downloading an application 34 kilobytes in size.

2.2 To download a midlet, it is necessary to either:

1. send an SMS at the number 7197 (1 PLN excl./1.22 PLN incl. VAT) with 'PAPLA' in its body (Era, Idea, Plus GSM), or
2. download the mobile instant messenger (in the form of two files: Papla.jar and Papla.jad) from the http://komunikator.papla.pl website and install in the mobile phone by the means of an IrDA, Bluetooth or cable connection.

2.3 To register using the mobile instant messenger, it is necessary to choose 'Registration' option from the menu and supply a desired user name and password. The Instant Messenger will register the user name for use in all the instant messenger versions.

2.4 To log on to the network, it is necessary to provide a registered user name and a correct password.

2.5 The instant messenger allows one or several conversations at the same time.

2.6 Mobile phone keypad commands:

	key	command
a.	2	scrolling up the contact list and chat screen
b.	8	scrolling down the contact list and chat screen
c.	5	selecting the current contact before initiating a chat or deleting (it will be displayed on the black background); new message while on the chat screen
d.	6	browsing through active chats
e.	4	return to contact list
f.	3 (Siemens) or 7 (Nokia)	new chat with selected users
	If the phone is equipped with a selector, a joystick or other pointing device, it may be used in place of the numeric keys 2 (up), 4 (left), 6 (right), 8 (down) and 5 (action).

2.7 To start a conversation with a person, it is necessary to have him or her on the contact list.

2.8 To add a new contact to the contact list, it is necessary to use the 'Search' option and fill at least one of the search form fields.

2.9 If the found contact is to be permanently added, use the Export option. A contact that has been exported to the server, will be available for later import when utilizing the applet or following a phone swap.

2.10 To start a conversation with a single participant, it is necessary to select the participant and choose 'New conversation' from the application menu.

2.11 To start a conversation with several participants, it is necessary to select all the participants and choose 'New conversation' from the application menu.

3. Rules of cooperation and using the instant messenger

3.1 No fees are charged by Emisja for using the instant messenger. User is charged for the established connection according to the tariff of the GSM operator, and for downloading using the SMS sent to the number 7197 (it is however possible to download the messenger free of charge from the WAP site or the web page).

3.2 The user agrees to use the instant messenger in accordance to the present terms of use, Polish legal regulations, social and ethical norms and netiquette rules, in particular to:

1. use the Messenger in a way that doesn't violate other user's rights
2. not to send unsolicited messages to other Messenger users (SPAM)
3. not to send material that is illegal or commonly recognized as offensive, in particular pornographic and racist content
4. not to execute actions aimed at gaining unauthorized access to other User's accounts or disturbing the Messenger operation.

3.3 It is forbidden to modify the messenger by own means.

3.4 In the case of violating the terms of use by the user, Emisja reserves the right to remove his or her account, and in particular cases (i.e. using the Messenger to send threats) to share the information that would help to identify the User with the law enforcement.

3.5 Emisja is not be responsible for any damage resulting from the use of the instant messenger, in particular for service interruptions, errors and connection quality. Emisja makes the best effort possible to provide the proper functioning of the messenger.

3.6 The communication performed by the messenger is not encrypted.

3.7 The messages exchanged using the instant messenger are not stored on the server (except for the messages pending for the User currently being off-line).

3.8 Emisja shall not be held responsible for:

1. Any damage resulting from using the Messenger not in an accordance to the present terms of use.
2. Any damage and loss, including data loss or its delivery delay, resulting from interruptions in Messenger due to technical reasons or any other reasons uninfluenced by Emisja.
3. The consequences of revealing the account password to a third party.
4. The unlawful third party activities to compromise the User's computer system, in particular security breaches and viruses.
5. The content of the messages sent using the Messenger

3.9 Emisja reserves the following rights:

1. To block particular message senders, IP addresses and domains in the case of determining their actions violating the terms of use.
2. To delete user's account in response to his or her actions violating the terms of use.
3. To delete the account of the user who has not logged in during the period of 6 months.
4. To send to the user, by means of an SMS message or an e-mail, the request to cease activities not mentioned in the terms of use, but regarded by Emisja as undesired. Failure to comply with the request will be treated as a violation of the terms of use.

3.10 Any remarks, questions and comments regarding the messenger should be submitted from support site. Emisja will answer submitted questions within 30 days from receiving the message.

3.11 Emisja reserves the right to alter the current terms of use after notifying the Users through the http://komunikator.papla.pl website.

3.12 The current terms of use are available on the http://komunikator.papla.pl website.