Terms
This textforfree.net Service Agreement (the 'Agreement') describes the terms and conditions on which textforfree.net ('we' or 'our company') offer services to you ('Customer' or 'You'). By registering for or using textforfree.net services, Customer agrees to be bound by the following terms and conditions.
ACCEPTANCE OF TERMS
TextforFree.net Inc. ("TextforFree.net") welcomes you. TextforFree.net provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
DESCRIPTION OF SERVICE
TextforFree.net provides users with access to a rich collection of SMS messaging services, forums, shopping services, search services, personalized content and branded programming. The TextforFree.net service allows users to send SMS Messages, Rightness, Video and Audio files from a computer to a cell phones. You understand and agree that the Service may include advertisements and that these advertisements are necessary for TextforFree.net to provide the Service. You also understand and agree that the Service may include certain communications from TextforFree.net, such as service announcements, administrative messages and the TextforFree.net Newsletter, and that these communications are considered part of TextforFree.net membership. Users are given a chance to opt-out of some of these services during the sign-up process. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TextforFree.net properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TextforFree.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TextforFree.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TextforFree.net cannot and will not be liable for any loss or damage arising from your failure to comply with this.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TextforFree.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TextforFree.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
TextforFree.net Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your TextforFree.net accounts located on TextforFree.net servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on TextforFree.net too. Your agreement to this TOS constitutes your consent to allow TextforFree.net to store these communications on its servers. From time to time TextforFree.net will send you notices through the TextforFree.net Messenger Service to let you know about important changes to the TextforFree.net Messenger or related Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
TEXTFORFREE.NET SPAM POLICY
As a free/premium SMS /email service we maintain a strict NO-spam policy. Individual users are subject to all of the following restrictions:
- Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through TextforFree.net computer systems.
- Relaying email from a third party's mail servers without the permission of that third party.
- Using or causing to be used TextforFree.net computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- Using "robots" or otherwise harvesting other's email addresses from the TextforFree.net site for purposes of sending unsolicited or unauthorized material.
- Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way
- Impersonate any person or entity, including, but not limited to, a TextforFree.net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
- "stalk" or otherwise harass another
- Collect or store personal data about other users in connection with the prohibited conduct and activities.
Violations of our Terms of Service or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your TextforFree.net ID and/or anything associated with it, including, but not limited to, email accounts, clubs, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through TextforFree.net computer systems. TextforFree.net does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TextforFree.net, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TextforFree.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TextforFree.net be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that TextforFree.net may or may not pre-screen Content, but that TextforFree.net and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, TextforFree.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TextforFree.net or submitted to TextforFree.net, including without limitation information in TextforFree.net Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that TextforFree.net may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is in any way needed: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) potentially protect the rights, property or personal safety of TextforFree.net, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TextforFree.net and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
4. TEXTFORFREE.NET PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy (link).
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TextforFree.net does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TextforFree.net the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of TextforFree.net Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting TextforFree.net. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TextforFree.net removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than TextforFree.net Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TextforFree.net removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than TextforFree.net Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
7. CONTRIBUTIONS TO TEXTFORFREE.NET
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to TextforFree.net through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TextforFree.net is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TextforFree.net shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TextforFree.net may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TextforFree.net without any obligation of TextforFree.net to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TextforFree.net under any circumstances.
8. INDEMNITY
You agree to indemnify and hold TextforFree.net and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your TextforFree.net ID), use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TextforFree.net may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TextforFree.net's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TextforFree.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TextforFree.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TextforFree.net reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
TextforFree.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TextforFree.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that TextforFree.net may, under certain circumstances and without prior notice, immediately terminate your TextforFree.net account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your TextforFree.net account includes (a) removal of access to all offerings within the Service, including but not limited to TextforFree.net Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in TextforFree.net's sole discretion and that TextforFree.net shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TextforFree.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TextforFree.net has no control over such sites and resources, you acknowledge and agree that TextforFree.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TextforFree.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TEXTFORFREE.NET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXTFORFREE.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXTFORFREE.NET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEXTFORFREE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and TextforFree.net and governs your use of the Service, superseding any prior agreements between you and TextforFree.net with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TextforFree.net services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and TextforFree.net shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and TextforFree.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake City, Utah.
Waiver and Severability of Terms. The failure of TextforFree.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your TextforFree.net account is non-transferable and any rights to your TextforFree.net ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
|
|