SMSnets TERMS AND CONDITIONS OF SERVICE for Mobile Messaging Programs

Please read these terms and conditions of service carefully-they govern the services for mobile messaging provided by SMSnets.com, LLC, for wireless devices.

For help at any time text HELP to 83838 or email care@smsnets.com. To stop messages at anytime text STOP to 83838. You will receive a maximum of 8 msgs/month. Msg&data rates may apply

This service is available on the following carriers: AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Nextel, Boost, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT - Cellular One of East Central Illinois, EKN - Appalachian Wireless, GCI Communications, Immix - PC Management, Inland Cellular, IVC - Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET, West Central Wireless

INTRODUCTION

These terms and conditions of service represent the agreement ("Agreement") between you and SMSnets.com, LLC ("SMSnets") with respect to the mobile SMS-based text messaging service (the "SMSnets Service" or "Service"). All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.

SMSnets may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.SMSnets.com to time to review the then current terms and conditions for SMSnets Service.

SMSnets SERVICE

SMSnets provides mobile messaging for political candidates, political parties, elected officials, trade associations, and cause- or issue-based coalitions and organizations. The SMSnets Service enables entities to interact with you by delivering news and information to your mobile device. The service utilizes the SMS-based text messaging mode of communication. There is no monthly or message content fee associated with the use of this service, however, text messaging and data charges billed by your carrier may apply. A description of the SMSnets Service is available at the Features link on SMSnets' website, located at http://www.smsnets.com/features.

SMSnets Service may use data licensed to or provided to SMSnets by customers. This data is used for the benefit of you and to improve the overall usage experience. Additional terms and conditions required by SMSnets customers may be referred to in the set-up process presented on the mobile phone upon activation this Service.

PERSONAL INFORMATION

SMSnets Service may collect Personally Identifiable Information ("PII"). PII is information that can be directly associated with a specific person or entity, such as your name, mobile phone number, or email address. The SMSnets Service may also collect information about the name of your wireless carrier. For more information about how SMSnets collects and uses PII and non-PII, please review the privacy policy on www.smsnets.com/privacy. Your use of SMSnets Service indicates that you accept the terms of SMSnets privacy policy.

SAFE AND LAWFUL USE OF THE SMSNETS SERVICE

You agree to comply with the following when using the SMSnets Service: Do not use the SMSnets Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement. Do not use the SMSnets Service while operating a motor vehicle.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the SMSnets Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges.

TERMINATION

SMSnets reserves the right to terminate your access to the SMSnets Service at any time for any or no reason and without notice to you.

You may terminate the SMSnets Service at any time by notifying SMSnets via (i) an email addressed to care@smsnets.com, (ii) a letter addressed to SMSnets.com, 108 SE 8th Ave, Suite 116, Fort Lauderdale, FL 33301, or (iii) a phone call to SMSnets Customer Support at 877-301-3443.

You may terminate SMS messages from SMSnets by texting STOP to 83838 at any time.

Any such cancellation by you will become effective when processed by SMSnets.

Upon any termination of your SMSnets Service, SMSnets will have no liability to you or any further obligations under this Agreement.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will SMSnets, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the SMSnets Service. You are responsible for the entire risk arising out of your use of the SMSnets Service.

The SMSnets Service is provided "as is" and without warranties of any kind either express or implied. SMSnets disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

SMSnets does not warrant that your use of the SMSnets Service will be uninterrupted or error-free. Rather, temporary interruptions of the SMSnets Service may occur from time to time (e.g. when you drive into an area that has no cell phone coverage or when the SMSnets Service or your carrier's network is undergoing maintenance). SMSnets will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will SMSnets be liable for any financial or other damages due to such interruptions.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall SMSnets or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the SMSnets Service, any defects in the Service, or any breach of this Agreement, even if SMSnets or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold SMSnets and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the SMSnets Service.

ARBITRATION AND GOVERNING LAW

You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the SMSnets Service shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Florida, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Broward, Florida.

By using the SMSnets Service, you consent to receive from SMSnets all communications, including notices, agreements, legally required disclosures or other information in connection with the SMSnets Service (collectively, "Notices") electronically. SMSnets may provide such Notices by posting them on SMSnets website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the SMSnets Services.

If you have any questions regarding the terms of this Agreement, please contact SMSnets by sending an email to care@smsnets.com, by writing to SMSnets Customer Service, 108 SE 8th Ave, Suite 116, Fort Lauderdale, FL 33301, or by calling SMSnets Customer Support at 877-301-3443.


To opt out text the word STOP to 83838. For Help text the word HELP to 83838
For more information call 1-877-301-3443 or email care@smsnets.com. Message and Data Rates May Apply.

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