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.
