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These Terms of
Services/Use are an agreement between you and SMSHeat.Com
("we" or "us") for the use of the messaging services provided
on the Site (the "Service"). The Service is designed to
provide you with the ability to send text messages to mobile
phones. You must be at least 10 years old to use this Website
or should seek guardian's permission to visit our website.
You may not use
the Service in any manner that could damage, disable,
overburden, or impair the Service (or the network(s) connected
to the Service) or interfere with any other party's use and
enjoyment of the Service. You may not attempt to gain
unauthorized access to the Service, other accounts, computer
systems, or networks connected to any of the Service, through
hacking, password mining, or any other means. You may not
obtain or attempt to obtain any materials or information
through any means not intentionally made available through the
Service.
We have no
obligation to monitor the Service. However, we reserve the
right to review materials sent through the Service and to
edit, refuse to send, or to remove any information or
materials, in whole or in part, in our sole discretion. We
reserve the right to terminate your access to the Service at
any time, without notice, for any reason whatsoever. Materials
sent or received through the Service may be subject to
limitations on usage, reproduction, and/or dissemination; you
are responsible for adhering to such limitations if you
transmit such materials.
We reserve the
right at all times to disclose any information as we deem
necessary to satisfy any applicable law, regulation, legal
process, or governmental request.
You agree that
the text messages you are sending to the target mobile phone,
is based on the consent of the mobile phone owner and we are
not responsible for the eventual charges occurring on the
recipient's mobile upon receiving the text message.
We reserve the
right to reduce the size of text messages to be able to
incorporate advertising content in our discretion.
Always use
caution when giving out any personally identifiable
information about yourself or your children when using the
Service. We do not control or endorse the information sent or
received through the Service and, therefore, we specifically
disclaim any liability with regard to the Service and any
actions resulting from your use of the Service.
As a condition
of your use of the Service, you will not use the Service for
any purpose that is unlawful or prohibited by these Terms of
Use. Unacceptable uses include, but are not limited to:
-
Intentionally or unintentionally violating any applicable
law or regulation;
- Harming or
attempting to harm minors in any way;
-
Transmitting any content that you do not have the right to
post or transmit under any law, contractual duty, or
fiduciary relationship;
-
Transmitting any content that infringes a third party's
trademark, patent, trade secret, copyright, publicity, or
privacy right;
-
Transmitting any content that is unlawful, untrue (including
incomplete, false, or inaccurate biographical information),
stalking, harassing, libelous, defamatory, abusive, tortious,
threatening, obscene, hateful, abusive, harmful (including
but not limited to viruses, corrupted files, or any other
similar software or programs), or otherwise objectionable;
- Attempting
to collect or store personal data about third parties
without their knowledge or consent;
- Accessing,
tampering with, or using non-public areas of the Service or
our computer systems, the Site, and network;
- Attempting
to probe, scan, or test the vulnerability of a system or
network or to breach security or authentication measures
without proper authorization;
- Attempting
to access or search the Site with any engine, software,
tool, agent, device, or mechanism other than the software
and/or search agents provided by us or other generally
available third-party Web browser;
- Sending
unsolicited e-mail or text messages, including without
limitation, promotions or advertisements for products or
services, "pyramid schemes", "spam", "chain mail", or "junk
mail";
- Using the
Service to send altered, deceptive or false
source-identifying information in violation of state,
national, and foreign law;
- Attempting
to decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of
the Service or the Site;
- Interfering
or attempting to interfere with the access of any user,
host, or network, including without limitation, sending a
"virus" to the Site, overloading, "flooding", "spamming",
"crashing", or "mailbombing" web sites;
-
Impersonating or misrepresenting your affiliation with any
person or entity.
WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE
SITE, AND DISCLAIM ALL WARRANTIES REGARDING THE SERVICE. THE
QUALITY, INCLUDING THE SPEED, OF THE SERVICE WILL VARY DUE TO
THE PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET
AND OUR NETWORK. WE ARE NOT RESPONSIBLE FOR ANY ACTS THAT ARE
BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION THE ACTS OF
THIRD PARTIES. IN THE EVENT YOU HAVE AN URGENT OR EMERGENCY
MESSAGE THAT YOU ARE TRYING TO SEND, WE STRONGLY RECOMMEND
THAT YOU ALSO SEND THE MESSAGE THROUGH ANOTHER SOURCE.
As a condition
to using the Service, you agree to the terms of the Gizmo SMS
Privacy Policy as it may be updated from time to time. We
understand that privacy is important to you. You do, however,
agree that we may monitor, edit or disclose your personal
information, including the content of your SMS messages, if
required to do so in order to comply with any valid legal
process or governmental request (such as a search warrant,
subpoena, statute, or court order), or as otherwise provided
in these Terms of Use and the Gizmo SMS Privacy Policy.
Violations of
any of the above, including intellectual property infringement
and breaches in security, will be investigated by us and,
where appropriate, we may institute legal action, or cooperate
with law enforcement authorities in bringing legal proceedings
against users who violate these Terms of Use. |