Terms and Conditions
The following are the terms and conditions for use of the sms4mail Service ("THE SERVICE") by the User (hereinafter referred to as "the User" or "The Client"). Please read them carefully.
1. THE SERVICE
The Service consists of a browser interface, SMS4Mail application, data transmission, data access, data storage and, if applicable, synchronization software. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated.
sms4mail makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. sms4mail reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. All fees paid to sms4mail when such termination occurs are addressed in the sections below.
SMS4Mail will deduct the credits whenever the message has been sent no matter what it is successful or not. Messages shall be deemed to have been delivered when our Mobile telephone network has delivered/sent the messages to the immediate destination that our Mobile telephone network provider's software is programmed to do. sms4mail does not guarantee delivery on behalf of Mobile telephone networks of services.
sms4mail lays no claims to its network coverage, which is provided by our Mobile telephone network. The mobile networks may choose from time to time to not be part of our Mobile telephone provider's network or its service providers' networks. This may result in messages not being delivered.
2. USE OF PROPRIETARY SOFTWARE
THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE CLIENT OR User PRIOR TO ENTERING INTO THIS AGREEMENT.
It is sms4mail's policy to respect the privacy of the User. sms4mail will not monitor, edit, or disclose any personal information about the User or the User¡¦s sms4mail account, including its contents, without the User¡¦s prior permission unless sms4mail has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of sms4mail; (3) enforce this Service Agreement or protect sms4mail 's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by sms4mail; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. sms4mail ¡¥s service transmits the Sender¡¦s name (From field) with each message that the end-user sends.
The User agrees that sms4mail may access its account, including its contents, as stated above or to respond to service or technical issues.
4. MESSAGE AND OTHER LIMITATIONS
sms4mail assumes no responsibility for the deletion or failure to store information. sms4mail has set no fixed upper limit on the number of messages the User may send through the Service apart from how many units are left in the User's account.
The sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification.
Although our Mobile telephone network provider provides the speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered"
5. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
sms4mail shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the sms4mail service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes. The current version of this Agreement may be obtained at www.sms4mail.com under TERMS AND CONDITIONS