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Terms of Service (view pdf)

Dated: May 30, 2010
This Terms of Service Agreement ("Agreement") is a legal agreement between TxtJet and you and this Agreement, including all amendments made to date, governs your use of the Services. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Services and the website (www.txtjet.com, hereinafter the "Site"). We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.


Please read this Agreement carefully. By clicking on the "Create my Account" button, you are binding yourself or your company, academic institution and library, as the Licensee to the terms of this Agreement. If you do not agree to the terms of this Agreement, please leave the Site and do not use the Service.


THE SERVICES

Subject to compliance with this Agreement, TxtJet provides email forwarding transmission services to your mobile telephone, PDA or other wired or wireless devices as a text message, as well as transmission of responding messages from your text message and conversion into an email message response (the "Services"). TxtJet retains all ownership of the computer software which makes the Services possible.


PLEASE NOTE: The Service includes forwarding email messages to you, via your mobile telephone text messaging capabilities (SMS) - therefore normal text messaging (SMS) charges will be applied by your mobile telephone service provider. TxtJet has nothing to do with your mobile telephone provider and the fees or rates it will charge you for receiving your email messages as a text message via the Services, or for the fees or rates your provider will charge you for sending text messages (SMS) which are converted into email messages via the Services. You agree that TxtJet is not liable for any fees or rates charged by your mobile telephone provider.


REGISTRATION AND ACCESS TO THE SERVICES

In order to access the Services, you must register and provide TxtJet your name, email address, email server address, email server user name and email server password. You agree to only use the Services via a secure transmission.


During registration, you will choose a user name and a password in order to access the Services. You acknowledge and agree that (A) you alone are solely responsible for maintaining the confidentiality of your User name and password, and any other security measure(s) TxtJet initiates to protect and provide access to the Services, and (B) you are solely responsible for all activities occurring as a result of the use of your user name and password (such as but not limited to all damages or losses caused or arising by the use of your user name and password). Accordingly, TxtJet will reasonably assume that any communication from your user name, accessed via your password, is originally from you or your authorized agent.


You acknowledge and agree that your name, email address and password, and any other personally identifiable information you provide may be used by TxtJet, its business partners and consultants to provide you with information about TxtJets products, services and materials or to develop products, services and materials. Further, you acknowledge and agree that we may scan the content and text of your emails and text messages for identification of demographics information, trend or key words so as to better understand the advertising promotions you would be interested in. We may use a computer software program to scan the content of your private email(s) automatically, however no person at TxtJet themselves will read the email content and text. Please review the TxtJet Privacy Policy, which is incorporated in whole into this Agreement. Also, you acknowledge and agree that TxtJet may insert advertisements and content within any portion of the text message(s) sent to you as part of the Services.


COMMUNICATIONS

You acknowledge and agree that TxtJet may communicate with you via the email address(es) you provide during registration, or update of your account, and the mobile telephone number you provide. These communications may occur in connection with the Services, or in regard to surveys, requests for feedback, advertisements, or the like.


There may be a lag in time between when an email communication is sent via the Services from the senders time of delivery. This time represents, among other things, the transmission from your email account to TxtJet, and then from TxtJet to your mobile telephone, PDA or other wired or wireless device. Further, outside forces and third parties (such as your mobile telephone provider) may add to the lag time. Similarly, there may be a lag in time from when you respond to a message, and/or send a text message via the Services, and when it is received by the recipient via the Services.


SECURITY

As the Services are accessed via the internet, mobile telephone transmissions and wireless transmission, as with any such transmission and service, they are susceptible to hackers, hacker attacks and security breaches. It is your responsibility to ensure that the servers, computers, PDAs, mobile telephones and any other devices using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, security patches, including Windows® updates and the like, are in place. TxtJet is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.


MODIFICATIONS AND INTERRUPTION TO SERVICE

TxtJet reserves the right to modify or discontinue the Services with or without notice to you. TxtJet shall not be liable to you or any third party should TxtJet exercise its right to modify or discontinue the Services. You acknowledge and accept that if you use the Services or the Site, that TxtJet does not guarantee continuous, uninterrupted or secure access to the Services or the Site and operation of the Services and the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control, including but not limited to your internet provider, mobile telephone provider, scope of mobile transmission coverage, and any other third party factors.


REPRESENTATIONS

TxtJet represents and warrants to you that (A) it is duly organized, validly existing and in good standing; (B) it has the full power and authority to enter into and perform this Agreement; (C) this Agreement does not conflict with any other agreement or obligation of TxtJet; and (D) this Agreement is a legal, valid, and binding obligation of TxtJet, enforceable in accordance with its terms.

You represent and warrant to TxtJet that (A) you are over the age of 18 years old; (B) you have the power and authority to enter into and perform this Agreement; (C) this Agreement does not conflict with any other agreement or obligation you have; (D) this Agreement is a legal, valid, and binding obligation of you, enforceable in accordance with its terms; and (E) you will not use the Services to transmit, either directly or indirectly, any unsolicited bulk email or unsolicited commercial e-mail, or use the Services for any unlawful activity.


DISCLAIMER OF WARRANTIES.

The Services are provided by TxtJet on an "AS IS" and on an "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, TxtJet makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services or its Site in terms of its correctness, accuracy, reliability, ability or failure to operate as intended, or incomplete or incorrect information, or otherwise. TxtJet shall have no liability for the use of the Services or its Site.


TXTJET DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES AND INFORMATION PROVIDED, INCLUDING BUT NOT LIMITED TO (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, CONDITION OF QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, INTERFERENCE WITH USE OR ENJOYMENT OF USE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE; (B) ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO INCORRECT, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, AND/OR (C) ANY THIRD PARTY CONDUCT, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR USER NAME, PASSWORD, ACCOUNT, TRANSMISSIONS OR DATA. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TXTJET HAS NO LIABLITY FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (B) ANY INCOMPATIBILITY BETWEEN THE SERVICES AND OTHER SERVICES, SOFTWARE AND HARDWARE OR YOUR MOBILE TELEPHONE, PDA OR OTHER DEVICE, AND/OR (C) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES, INCLUDING THOSE IN AN ACCURATE OR TIMELY MANNER.


You acknowledge that the Services may contain bugs, errors and other problems that could cause system failures or that the Services may not perform all functions for which it is intended or represented and the use of the Services is entirely at your sole risk.


Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable. Further, TxtJet is NOT responsible for typographical errors or omissions of any kind. The information provided in the Services is provided for informational purposes only. You bear the entire risk of using the Services, including any content on the TxtJet Site. All materials and content contained within the Services and the TxtJet Site are subject to change, without notice.


LIMITATION OF LIABILITY

TXTJET SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TXTJET SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICES, THE TXTJET SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TXTJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE, HOWEVER, TXTJET'S TOTAL LIABILITY TO YOU FOR BREACH OF ANY AND/OR ALL SUCH WARRANTIES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES.


INDEMNIFICATION

You agree to indemnify and hold TxtJet, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Services or the Site, the violation of this Agreement, or infringement by you, or other user of the Services using your email address, of any intellectual property or any other right of any person or entity.


THIRD-PARTY SITES

Our Site and any email content or text you receive as part of the Services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that TxtJet is not responsible for the availability of, or the content located on or through, any third-party site and you hereby release TxtJet of any liability regarding such third party sites and their services. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and TxtJet is not responsible therein. We encourage you to review said privacy policies of third-parties' sites.


GOVERNING JURISDICTION OF THE COURTS IN OHIO

The TxtJet website is operated and provided in the State of OHIO. The Services and any claim related to the website are subject to the laws of the State of OHIO, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our Services, Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our Services and/or Site, you agree to do so subject to the internal laws of the State of OHIO.


Any action against TxtJet in connection with this Agreement and the Services must be brought within 12 months after the cause of action arises. In all events, we each waive trial by jury. In any proceeding to enforce the terms hereof, the prevailing party shall be entitled to recovery of an attorney fee, in addition to other costs of suit.


COMPLIANCE WITH LAWS.

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.


COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on the TxtJet Site or via the Services, including website and material design, text, graphics, interfaces, and the selection and arrangements thereof is © 2010 TxtJet with all rights reserved, or is the property of TxtJet and/or third parties protected by intellectual property rights. Any use of materials on the Site or provided via the Services, including modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TxtJet, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TxtJet. The logo service marks, trademarks, and/or trade dress of TxtJet are owned exclusively by TxtJet. All other trademarks displayed on TxtJet websites or your screen via the Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with TxtJet. No license is granted herein for use of any service mark, trademark and/or trade dress of TxtJet and/or owner.


TERMINATION

TxtJet may discontinue the Services at any time without liability to you. Further, TxtJet may terminate the Services to you if you (A) are in breach of this Agreement, (B) engage in any unlawful, illegal or immoral activity via the Services, or (C) use the Services in a way which, in our sole opinion, may tarnish or affect the reputation and/or goodwill of TxtJet.


PRIVACY POLICY


This site is operated by TxtJet. Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.


Our Privacy Policy is designed to tell you about the policies that govern our collection, use, and disclosure of the information that you may provide via our web site and as part of the email forwarding and responding services provided by TxtJet (the "Services"). Before using or submitting information to this site or registering for the Services, please read this entire Privacy Policy. Please be aware that this Privacy Policy generally describes TxtJet's site and Services, although the particular site you are viewing may not include all the items described. This site is governed solely by applicable Federal and State laws and governmental regulations in the United States. Use of this site constitutes your consent to application of such laws and regulations and to our Privacy Policy.


Information Use and Disclosure

We collect your name, email address, email server address, email server user name, email server password, mobile carrier/provider, and mobile telephone number as part of the registration process so as to provide and to complete the Services. This information is used to provide the Services for which you have subscribed, and potentially for other private promotional and marketing purposes. Further, as part of the Services, we will have access to the email addresses of those you are corresponding with via the Services. Your email password is used for connectivity purposes in receiving and sending your email from your current email provider(s). We do not share this information with outside parties except to the extent necessary to complete those Services, such as to our subcontractors and suppliers.


Your name, email address and password, and any other personally identifiable information you provide may be used by TxtJet, its business partners and consultants to provide you with information about TxtJet's products, services and materials or to develop products, services and materials.


We use non-identifying and aggregate information to better design our site and to share with advertisers. Specifically, you agree that we may scan the content and text of your emails and text messages received and sent by the Services for identification of demographics information, trend or key words so as to better understand the advertising promotions you would be interested in. Phone numbers may be used to gather geographic information for these same purposes. We may use a computer software program to scan the content of your private email automatically however no person at TxtJet themselves will read the email content and text.


Further, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.


Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.


TxtJet will not sell or rent the personally identifiable information collected via this site to a third party. We reserve the right to disclose information to respond to duly authorized information requests of governmental authorities or where required by law. You can notify TxtJet that you wish to discontinue receiving Services or information at any time (see How To Contact Us below).


By using this site, you agree with the terms of this Privacy Policy.


Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. We may use your information to improve the value of our site's content, to present the site in a fashion customized to match your preferences, to supply information to you (if you requested it), for research and marketing purposes, and for the purposes specified in this Privacy Policy.


We may combine personally identifiable information with other actively collected information unless we specify otherwise at the point of collection. TxtJet will take reasonable measure to prevent passively collected information from being combined with personally identifiable information, unless you consent otherwise. We will also make full use of all information acquired through this site that is not personally identifiable.


You will be receiving email via the Services on either your cellular telephone or PDA, with the author identified as the original sender. Notifications forwarded via email to you through these Services are not to be considered as unsolicited email or spam email. You agree that any email messages or text message you receive are not seen as committing fraud, trespass, or unlawful conversion of mail headers originating at an SMTP server not affiliated with the sender. Any email or txt message issued by TxtJet is being sent to you as part of the Services.


Access and Updates

To keep your personally identifiable information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personally identifiable information in our possession that you have previously submitted via this site. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.


To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.


Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and through the Services. However, please bear in mind that no Internet transmission, mobile telephone transmission, or wireless transmission is ever 100% secure or error-free. More specifically, email sent to or from this site or through the Services may not be secure. As a result, you should take particular care in deciding what information you send via email.


Any passwords, ID numbers, or other special access numbers you might use to access any part of this site are your responsibility; take care to safeguard them. TxtJet takes reasonable steps to protect your personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction and does store in a database, as part of the Services, the email address and subject line of the emails and text messages sent via the Services by and to you. The encryption used for the Services is a symmetric block cipher, which uses an encryption key of 128 bits. A Secure Socket Layer (SSL) connection is used to secure all data transferred between your browser and the Services. This site has been authenticated by GoDaddy and issued a 256-bit Secure Server ID certificate. This combination ensures a secure SSL connection and provides protection against interception and hacking of any personally identifiable information.


Links to Other Web Sites

Links or references to other web sites may appear within this site. We do not control these web sites. You should be aware that this Privacy Policy does not apply to any web sites other than those operated by TxtJet. Visitors to other web sites are encouraged to read their privacy policies before exploring them.


About Children

Children under the age of 13 are not the intended audience for this site. We will not knowingly collect information from site visitors in this age group. We encourage parents to be aware of their children's use of the Internet and discuss what kind of information they are allowed to disclose to Web sites.


Active Information Collection

This site may actively collect information from its visitors both by asking them specific questions and by facilitating direct communications with us via email, feedback forms, live chat, etc. Some of the information that visitors submit may be personally identifiable information (this is, information that can be uniquely identified with an individual, such as full name, address, email address, phone number, and so on). In some cases we might collect non-personally-identifiable information that you elect to provide voluntarily, such as gender or zip code. This site may also offer some features and activities (such as newsletter subscriptions, downloads, etc.) which may require you to submit information in order to receive or benefit from them. You will be informed at each information collection point what information is required and what information is optional.


Passive Information Collection

Like many other web sites, this site may also collect some information passively as you navigate through the site (that is, this information is gathered without your actively providing the information), using various technologies and means, such as navigational data collection. Navigational data ("log files," "server logs," and "clickstream" data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. This site may or may not use navigational data.


One of the ways information may be passively collected is by the use of Internet Protocol (IP) addresses. An IP address is a number assigned to your computer by your Internet service provider so you can access the Internet. IP addresses are generally considered to be non-personally identifiable information, because most IP addresses are dynamic (they change each time you connect to the Internet), rather than static (unique to any one particular user's computer). We may use your IP address to improve or administer the site, diagnose server problems, report aggregate information, or to determine the fastest connection route between your computer and our site.


Another method for passive information collection is by means of "cookies." A "cookie" is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you. "Session cookies" are temporary bits of information that are erased once you exit your Web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. This site may use both cookies and session cookies.


If you do not wish to receive cookies from this or any other site, you can change your computer's settings so that it will no longer accept cookies. Be aware that in some cases, you need to accept cookies from a site to take full advantage of its services. This is especially true on sites that require a user ID or a password.


How to Contact Us

If you have any questions, comments, or concerns about this Privacy Policy or the information collection practices of this site, please contact us via e-mail at: Contact@TxtJet.com. Or you can contact: TXTJET, PO BOX 312, CHAGRIN FALLS, OH 44022.


Changes to This Privacy Policy

TxtJet reserves the right to modify, add or remove portions of this privacy policy at its discretion. Any changes to this Privacy Policy will be posted on this site. Please check back periodically, and especially before you provide any personally identifiable information.


This Privacy Policy was last updated on May 30, 2010.


Other Terms

Your use of this site is subject to our Terms of Use Agreement.

By clicking on "Create my Account" below, you are agreeing to the Terms of Service above, and Privacy Policy.

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