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TEXT MESSAGING SERVICE
Your Brand is located at !Your Address!
ACCEPTANCE
When you sign up with our Service, you automatically confirm that you accept all terms in this agreement. You can sign up with Your Brand irrespective of where you live in the world and your age. Please observe however, that underage persons
sometimes need consent from parents. You always act as a private person and only represent yourself.
DESCRIPTION OF SERVICE
Your Brand supplies you with a set of services that allow you to send and receive text messages to and from almost any network in the world. This is
NOT a free service
. All SMS messages (one SMS = one credit) require one credit in order to be processed. When you create a new account we will credit it with a few free SMS credits so that you can evaluate our service. Please note that these free evaluation
credits are available to most, but
NOT
all global networks.
As part of your account you also agree to receive 1-2 newsletters from our company each month. PREPAID users can opt-out from this program on the Personal Info screen of their accounts.
REGISTRATION
When you register, we may ask you to state your address, country of residence, language of choice and some additional data about you and or you personal interests. If you chose to register your name as part of your email address or
elsewhere, you consequently agree to that your name and other information you have provided will be stored and processed in the Your Brand database.
QUALITY OF DATA
The information that you state to us when you register must be updated, correct and complete. Please note that accounts with invalid information (for example e-mail account, name or country) may be deleted as our sole discretion, together with
all associated information. It is your responsibility to make sure that your information is up-to-date.
INTEROPERABILITY
The ability to send and receive SMS messages is subject to subscriber contracts, roaming agreements and billing configuration. Due to the nature of the global SMS network the roaming and interoperability status, as well as our ability to deliver
your messages to or from any network may change without notice.
USAGE
This account is supplied to you by Your Brand and must not be used for criminal purposes or in a way that disturbs other users or intrudes on other persons or on their property. You are responsible for ensuring that the information you
provide using our services is legal and in accordance with normal morals and the general ethics which apply on the Internet. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or
distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or
distribute statements which are offensive or insulting. If you do any of the following your account will be deleted without warning of any kind.
SPAM
Your Brand will
immediately terminate
and delete your account if it believes that the account is being used for SPAM or unsolicited bulk messaging. Your Brand is bound to deliver a valued service and will
NOT
tolerate SPAM (sending of unsolicited message) of SMS, MMS, EMS or email messages and/or ANY other kind of messages. You, or users of your sub accounts, are
NOT
permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using !Your Company's! services, you MUST comply with the CAN-SPAM, anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7)
or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. !Your Company's! refund policy for accounts that are suspected of SPAMMING is VOID and
NO refunds will be issued
.
Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be born by you.
Your Brand does not assume any responsibility for the content of the messages you send via its platform.
We hereby underline your responsibility
:
The client undertakes that it will not knowingly use !Your Company's! services for any illegal, immoral or improper purpose or in any manner which contravenes the law or regulatory requirements of the appropriate jurisdiction or knowingly in
any way which is indecent or offensive or in any way that could be considered as Spamming, and undertakes not to allow any third party to do so. The client explicitly confirms that for each SMS-MT it sends to Mobile Subscribers via
Your Brand services/platforms, the client has the prior consent of the recipient of each message before the message is sent.
Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.
QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. Your Brand does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or
download anything from the Internet or (c) for goods, services or transactions using your account.
REFUND POLICY
We offer a "30-day-no-question-asked" refund policy. If, for whatever reason, you are not satisfied with our service we will refund the purchase price of all unused SMS credits.
Please note that setup fees and used SMS credits CANNOT be refunded.
All refunds are issued through PayPal immediately upon your request. Should you request the refund 30 days after your last payment, there may be a small charge associated with the refund (usually not more than 5%).
SMS CREDITS EXPIRATION
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For credit purchases of under 499 credits all SMS credits expire 90 days from your last purchase.
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For credit purchases of 500 or more credits all SMS credits expire 120 days from your last purchase.
If you purchase credits before the expiration date all remaining credits will roll-over and remain in your account.
USE OF THE REMEMBER ME OPTION
THIS IS GENERALLY NOT A SECURE PRACTICE and we suggest you use it ONLY on your personal computer and ONLY if you are THE ONLY person with access to your computer. UNDER NO CIRCUMSTANCES use this option if you are using a computer from an
Internet Cafe, a Library or any other public place. Under NO circumstances will Your Brand be liable for any loss of credits arising from your use of this option.
EQUIPMENT
You must have access to the necessary equipment to use the Internet. You must have access to the Internet and you must pay all costs pertaining to such access.
SYSTEM MAINTENANCE
Your Brand maintains computer equipment and software to ensure the highest level of service. Our scheduled database backup and system upgrade is between 5 and 5:10 PM (GMT-8). It is possible that some or all functions will not be available
at this time.
CONTACT WITH ADVERTISERS
Members that come into contact with advertisers through this service have the right to contact and communicate with the advertisers as they see fit. All such contacts takes place beyond the control of Your Brand and Your Brand cannot
under any circumstances be held responsible for the offerings, terms and warranties provided by the advertisers. The responsibility rests entirely on the member and the advertisers.
PRIVACY
Your correspondence is your own private property. Your Brand takes no responsibility whatsoever for the content in the correspondence of its members. Nor does it take any responsibility whatsoever for activities that may take place as a
consequence of communication via !Your Company's! sites. Your Brand will not read, change, destroy or forward the contents of your correspondence, unless entitled to do so by this agreement or forced to do so by law, regulation or any
extraordinary circumstance. Please read more on our privacy policy.
INTEGRITY
You are responsible for your account and your password. You should therefore NEVER give your password to anyone else. If you by accident have given out your password and account name to someone else we strongly recommend you to change your
account password. Do not give your account name and password to any Your Brand staff members.
CLOSURE OF SERVICE
Your Brand may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 2 months, if (c) you do not follow the terms stated in this
agreement, (d) the use of your account contravenes the law or the conditions in this agreement, (e) there is reasonable suspicion that a crime has been committed, (f) if you do not maintain a valid e-mail address or (g) if there is a suspicion
that you used your account to send SPAM. Your Brand may also limit some of the functionality available to you if you do not logon to your account for more than 15 days. Your Brand also retains the right to close Your Brand text
messaging services at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or similar events.
WARRANTY, RESPONSIBILITY FOR FAULTS, ETC.
The services are provided on an -as is- basis with no warranty implied or explicit.
INDEMNIFICATION
You agree to indemnify and hold Your Brand, its parents, subsidiaries, affiliates, officers and employees, harmless for any claim, demand, or damage, asserted by any third party due to or arising out of your use of or conduct on the system.
The Service is provided without any guarantees explicit or implied.
Your Brand is not responsible for direct, indirect or other damage suffered by the User or a third party as a result of using the Service, faults in the Service or interruption to or termination of the Service. Your Brand is also not
responsible in any way for the content or the delivery of the messages which the User has sent or received via the Services.
COPYRIGHT
COPYRIGHT. This web site, the web site technology and all content from time to time displayed by Your Brand on the web site (the Web site) are the property of Your Brand. The Web site is protected by international law and conventions for
the protection of industrial and intellectual property rights. You may not, without expressed permission from Your Brand, copy or to the public display the Web site or the Web site in part or parts. You also may not mirror the Web site on
your home page. Your use of the Web site does not create a license or any other rights in !Your Company's! trademarks, services, copyrights, or any other intellectual property or proprietary rights.
DISAGREEMENTS
This agreement shall be governed by and construed in accordance with laws of !Your Country/State/Province.! In case of a dispute, you agree to submit yourself to the jurisdiction of courts of !Your Country/State/Province!.
CHANGES IN THIS AGREEMENT
Your Brand reserves the right to alter the terms of this agreement. By continuing to use this service, you accept the new wording of the membership terms. It is therefore in your interest to keep yourself updated on the membership terms.
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