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Terms of Use for the SMS Text Alert All-In-One Mobile Marketing System


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The terms and conditions on this page apply equally to both users of the standard SMS Text Alert service and developers using Application Programming Interface (“API”).

PLEASE READ THESE TERMS OF USE CAREFULLY. CHANGES MAY HAVE BEEN MADE SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS SERVICE (ALSO REFERRED TO AS “WEBSITE”), WHETHER THROUGH OUR WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. YOU AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN PRODUCTS THAT MAY BE DERIVED FROM THE SERVICES AND POLICIES RELATING THERETO AND ENSURE THAT YOUR CUSTOMERS ADHERE TO THESE TERMS.

SMS Text Alert reserves the right, at its sole discretion, to modify or change these Terms of Use at any time without prior notice by posting them to SMS Text Alert’s website. You must visit this page to review the current Terms of Use on a regular basis. Your continued use of the service following any changes to the Terms of Use constitutes your full acceptance of those changes.
The Service provides businesses and organizations with a variety of tools to collect names, phone numbers, instant message screen names, and email addresses on a 100% opt-in basis. The service may NOT be used for sending any unsolicited messages (sometimes called “spam”) under any circumstances. You agree to the privacy and anti-spam policies described in this document and agree to enforce anyone using your account to adhere to permission-based marketing practices respecting the privacy and anti-spam policies described on this page and as required by law. You agree to take full responsibility and accept legal consequences of any action taken by anyone using your account.

The Service will not use your database or any other private information stored in your account for any purpose other than those intended with the service.

Privacy and Anti-SPAM Policies

 

SMS Text Alert has a no-tolerance SPAM policy. Although SMS Text Alert does not assume the duty or obligation to monitor any messages created, posted, or sent by you or any third parties, SMS Text Alert reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third parties at any time without prior notice to ensure that they conform to any usage guidelines or policies relating to our Website or Services.

Any SMS Text Alert user found to be sending SPAM or any other message reasonably believed by SMS Text Alert to be in violation of these Terms of Use or other applicable law will be immediately suspended without refund from further use of the service without notice. Evading SMS Text Alert’s monitoring system or the delivery of undetected SPAM messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by clicking here.

 

Every out-going email and instant message via the SMS Text Alert service must contain a mandatory unsubscribe link that allows the recipient to remove themselves from your mailing distribution list(s). Voice broadcasts must also include verbal instructions on how to be removed from your calling list. In the case of mobile messages, all messages must conform to the then-current Best Practices Guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), which you agree to review before using SMS Text Alert’s service. For example, and without limitation, every outgoing email must contain a mandatory unsubscribe option, and every outgoing SMS must contain a “STOP” instruction. If SMS Text Alert learns that an unsubscribe link is removed or de-activated in any way, or if the SMS STOP verbiage is omitted, SMS Text Alert will suspend the customer’s account without notice.

 

The following discussion (ending at the “Warranty Disclaimer” section) is meant to introduce you to the concepts of SPAM and the general contours of a responsible, consent-based campaign. It is illustrative only and is not intended to be an exclusive source of your duties in complying with all applicable laws and regulations relating to your use of SMS Text Alert’s service. In the event of any conflict between the discussion below and any law or regulation, you are to follow the applicable law or regulation.

 

  • What is SPAM? Spam is any type of unsolicited message. You should not assume a preexisting relationship to be a substitute for explicit permission to send messages. For example: if your customer disclosed a mobile number in the normal course of business but did not specifically give you express permission to receive your message, you cannot send messages to the number. Before using SMS Text Alert’s service, you agree to review and abide by the following list of resources, as they may be amended over time:
  • What constitutes consent? - The recipient of your message has been clearly and fully notified of the collection and use of his or her contact information and has consented, as required by law, to receiving your calls or messages. This is often called informed consent. If any person purchased a product or service from you or partakes in an event, meeting, conference, or general gathering, or if a person “Likes” or “follows” your business on Facebook or Twitter, that person does not adequately consent to receiving messages from you. If you require people to confirm their opt-in to your system, but have not received a response from those people, you do not have sufficient consent and may not send messages to those individuals.
  • You agree you will not access or otherwise use ANY third party mailing lists for email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
  • You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted-in to receive correspondence from you (“Permission Based Lists”) in connection with your use of the service. You hereby covenant that you shall not use any other lists in connection with your use of the service. Importing of phone numbers is prohibited without tangible proof of subscribers’ explicit consent to receive messages, which you shall retain. SMS Text Alert reserves the right, in its sole and absolute discretion, to deny access to the import feature or require you to comply with a more stringent qualification process, to prove the method of opt-in, provide evidence of opt-in, your legal identity and/or your organization’s identity.
  • You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. Content affiliated with alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted for people under 21 years of age may not be sent through SMS Text Alert’s service.
  • You will adopt and maintain the Privacy Policy, which may be modified by SMS Text Alert at any time for any reason.
  • You consent to all terms set forth in SMS Text Alert’s Import Agreement.
  • You agree to identify your organization, product and service accurately and not deceive your recipients in any message with reference to your identity, offering, availability, pricing, benefits, or any other aspects of your communication.

 

Acceptable Use Policy

 

SMS Text Alert may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. Its services may be used only for lawful purposes and may not be used for any illegal activities. Using the services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the services is prohibited.

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate use of the Services. This list is provided by way of example and shall not be considered exhaustive.

 

  • Adversely impacting the availability, reliability, or stability of SMS Text Alert’s services.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of SMS Text Alert’s services.
  • Attempting to bypass or break any security mechanism on any of the services or using the Services in any other manner that poses a security or service risk to SMS Text Alert, to any user of our services, or to any of our or their respective customers.
  • Testing or reverse-engineering the services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  • Using the services in any manner that may subject SMS Text Alert or any third party to liability, damages or danger.
  • Using the services in any manner that violates any applicable third party policies or requirements that SMS Text Alert has communicated to the customer.
  • Using the services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
  • Engaging in fraud with respect to your account.
  • Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
  • Using any of the SMS Text Alert property or SMS Text Alert trademark or copyright other than as expressly permitted in this agreement.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
  • Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act.
  • Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
  • Offering any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
  • Promoting or engaging in illegal activities.
  • Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Harvesting or otherwise collecting information about others, including email addresses or phone numbers without their express consent.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
  • Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
  • Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
  • Interfering with or disrupting networks connected to the services or violating the regulations, policies or procedures of such networks.
  • Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network.
  • Using the services, or a component of the services, in a manner not authorized by SMS Text Alert.

 

Warranty Disclaimer

SMS Text Alert PROVIDES ITS SERVICE AND ALL RELATED CONTENT AND MATERIAL ON AN “AS IS” BASIS. SMS Text Alert AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, SMS Text Alert DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SMS Text Alert DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. SMS Text Alert SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Indemnification

 

You hereby agree to defend, indemnify and hold harmless SMS Text Alert and its business or technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) arising out of or in connection with any claim or action such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) your use of SMS Text Alert’s service in a manner not authorized by these Terms, and/or in violation of the applicable restrictions herein, and/or applicable law, (iii) any privacy violation or spam alleged to have been committed or sent by you through your use of the service, or (iv) otherwise arises from or relates to your use of the service. In addition, you acknowledge and agree that SMS Text Alert has the right to seek and recover all of its damages caused by you when you use the service for unlawful purposes, in an unlawful manner, in a manner that violates SMS Text Alert’s privacy, acceptable use, import, and/or anti-spam policies, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. The terms of this section shall survive the termination of your relationship with SMS Text Alert.

 

Termination

 

You may terminate this Agreement at any time by notifying SMS Text Alert’s Customer Support. Lack of activity in your account does not automatically terminate your account, and you are still liable for service fees until you specifically cancel your account. You understand and agree that SMS Text Alert will make no refund to you of any fees paid regardless of whether the service may or may not have been used or logged into.

SMS Text Alert may terminate this Agreement or the service, disable your account or deactivate your account in each case at any time with or without cause, and with or without notice. SMS Text Alert shall have no liability to you or any third party because of such termination or action. SMS Text Alert may delete any of your archived data within 30 days after the date of termination. If your account has not been cancelled and is classified as inactive by SMS Text Alert for at least 180 days, SMS Text Alert has the right to permanently delete all of your account data with no ability to recover such data at its discretion. You agree to pay any and all applicable fees through the date of SMS Text Alert’s purging of your data.

 

Prohibited Content

In addition to and without limiting its Acceptable Use Policy, SMS Text Alert prohibits the use of the service in any manner that, and by any business, person, or entity that: 

  • Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Sends materials, contents, and promotions of items that are not appropriate for children under 18 years of age based on the general practices of your industry or the community that you serve without clearly identifying age limitation for consuming your content.
  • Provides, sells or offers products, services or content frequently associated with unsolicited commercial messages, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, claim of lost bank accounts or inheritances, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
  • Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

 

Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

 

  • The service may only be used for lawful purposes.
  • The service will be subject to monthly subscription fees after the initial trial period if the user decides to purchase the service.
  • You acknowledge that the use of certain features may not be permissible under the laws of all jurisdictions, and further acknowledge and agree that you have sole legal control, responsibility, and liability for compliance with any such laws.
  • You are not allowed to import, or incorporate into any contact lists, messages, social campaigns or upload to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind.
  • If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  • SMS Text Alert and you agree that this Agreement is a factual and necessary statement of the mutual understanding of the parties, relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement will be honored with any SMS Text Alert representative. No delay or omission by SMS Text Alert in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind SMS Text Alert in any respect whatsoever.
  • In any action or proceeding with you to enforce SMS Text Alert’s rights under the Agreement, you agree that SMS Text Alert will be entitled to recover its costs and attorneys’ fees.
  • The Agreement shall be governed by the laws of the state of California, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to where SMS Text Alert is headquartered, currently Anaheim, California.
  • SMS Text Alert, at its own discretion and at any time, may immediately disable your access to the service without refund if SMS Text Alert believes in its sole discretion that you have violated any of the policies listed above or anywhere else in this Agreement.

NOTE: Users of the SMS Text Alert API (by software developers) are equally subject to every aspect of this terms of use.

If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us.

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