(Last Modified: May 18, 2010)
Welcome to the ExtendSMS.com website owned by ExtendSMS, Inc. Your use of the ExtendSMS.com website and the text messaging services provided by ExtendSMS are subject to the terms and conditions set forth below ("Terms of Use").
Acceptance of Terms
Please read these Terms of Use carefully before using ExtendSMS's services or website (the "Services"). By using the Services in any way you signify your agreement to be legally bound by these Terms of Use. If you do not agree to all the terms and conditions contained in the Terms of Use, please do not use the Services in any manner. ExtendSMS reserves the right to limit or terminate your access to the ExtendSMS Services if you do not comply with the Terms of Use.
Modification of the Terms of Use
ExtendSMS reserves the right to change the Terms of Use. ExtendSMS will provide notification of the material changes to this Terms of Use through the customer's e-mail on file and ExtendSMS' company web sites at least thirty (30) days prior to the change taking effect.
Purpose and Description of Services
ExtendSMS enables advertisers to register keywords that can be placed in their other advertising along with a short code. Consumers with SMS-enabled communications devices can send text messages containing the printed keywords to the short code in order to receive, via SMS, additional information concerning the advertiser's products or services.
Each keyword is registered for a specific term, and ExtendSMS will forward the advertisers pre-configured information to consumers only during the period of registration. Advertisers acquire no vested ownership in keywords as such. After a keyword's registration has expired ExtendSMS may make the keyword available to another advertiser. In such cases the advertiser may register another keyword. Each advertiser is responsible for removing expired keywords from advertising materials.
Fees and Payments
Advertisers and consumers are responsible for any fees, charges and expenses incurred in using and accessing the Services. Consumers are not currently charged for using the ExtendSMS Services. However, they may be subject to fees from their cellular carrier based on their service plan. Consumers are advised to review their cellular plans to find out the cost of sending and receiving SMS messages. Advertisers are charged fees for registering keywords with ExtendSMS based on the duration of registration.
ExtendSMS uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of ExtendSMS. By using the Services you agree that ExtendSMS shall not be liable to you for any modification, suspension or discontinuance of the Services due to forces, circumstances, or events beyond the control of ExtendSMS.
Restrictions on Use of the Service
You may not use the Services to upload or transmit any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy. Further, you may not use the Services to facilitate any infringement or misappropriation of any intellectual property rights of a third person or for any illegal activities.
All messages, information, digital files or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the advertiser that sends or publishes such items in connection with the Services. Accordingly, you are responsible for all items that you upload, post, email, transmit or otherwise make available via the Service. ExtendSMS reserves the right, but has no obligation, to monitor the materials uploaded and transmitted by you. ExtendSMS shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or these Terms of Use. In such a case ExtendSMS, at its sole discretion may choose to work with you in order to update or change the offending material. Notwithstanding this right of ExtendSMS, you remain solely responsible for the content of the materials posted on and transmitted using the Services.
No Unlawful or Prohibited Use
As a condition of your use of the Services as an advertiser or consumer, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any ExtendSMS server, or the network(s) connected to any ExtendSMS server, or interfere with any other party's use and enjoyment of the Services. You may not use the Services to upload or transmit content or advertisements that contains content that you do not have a lawful right to display or transmit. You may not use the Services to upload or transmit content that infringes on another parties' intellectual property rights, without their prior written consent; and you may not use the Service to upload or transmit advertisements that violate the privacy or personal rights of others without prior written consent.
Age Requirements and Limitations on Use of Service
ExtendSMS is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 may not use the Services either as an advertiser or consumer. If ExtendSMS determines that an ExtendSMS user, either an advertiser or consumer, is under 13 then text messages from that consumer's telephone number will not be accepted and their ExtendSMS account, if one exists will be disabled and deleted. Users between the ages of 13 and 18, by using the Services, affirm that they have their parent's permission to use the Services.
Privacy Policy
ExtendSMS is committed to maintaining the privacy of its users and advertisers. ExtendSMS's privacy policy may be found at: http://extendsms.com/privacy. By utilizing the Services you are consenting to the terms of this Privacy Policy.
Links
ExtendSMS's website may contain links to third-party sites that are not under the control of ExtendSMS. In addition ExtendSMS may transmit to consumers links to third-party websites, not under the control of ExtendSMS, via text messaging. In these cases, ExtendSMS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that ExtendSMS endorses or accepts any responsibility for the content on such third-party site. As a consumer, your correspondence or business dealings with, or participation in promotions of, third party websites found on or through the ExtendSMS site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ExtendSMS is not responsible for any loss or damage of any kind incurred as the result of any such dealing or as a result of the presence of links to such third party websites on the ExtendSMS site or in text messages transmitted via the ExtendSMS service.
Disclaimer Of Warranty; Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION ON THIS WEB SITE AND DELIVERED VIA TEXT MESSAGING UTILIZING THE SERVICES IS PROVIDED 'AS-IS' WITHOUT WARRANTY OF ANY KIND AND ExtendSMS HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ExtendSMS DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
In no event shall ExtendSMS be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action based on contract, negligence or other tortious action, arising out of or in connection with the use of the Services or information delivered via the Services. In no event shall ExtendSMS's liability to any user of the Services exceed the amount, if any, actually received by ExtendSMS from such user as a fee for use of the Services.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information contained within the Services, and ExtendSMS does not investigate or warrant the truth or accuracy of any statement made by any advertiser. The Services and the information transmitted via the Services may contain technical inaccuracies or typographical errors. ExtendSMS assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Services.
ExtendSMS may make changes to the Services, and any other information and materials on the ExtendSMS Web site at any time and without notice.
Hold Harmless and Indemnification
You agree to hold harmless and indemnify ExtendSMS, its owners, directors, shareholders, officers, employees and/or agents from any and all claims, demands, judgments, attorney or other fees, costs, awards or liabilities of any kind, whether brought or claimed by any user or any third party or parties, arising from or out of the use of the services of ExtendSMS and/or its equipment and systems. This hold harmless provision shall be effective and is understood to be effective even should any user(s) and/or a third party allege that ExtendSMS and/or its owners, directors, shareholder, officers, employees and/or agents is/are jointly liable to any such party. This hold harmless provision is understood to mean that any claim, demand, judgment, attorney or other fee, cost, award or liability of any kind is in effect not against ExtendSMS, and/or its owners, directors, shareholders, officers, employees and/or agents, but rather against you and constitutes, in addition to the foregoing, a full and voluntary waiver of any claim by you against ExtendSMS and/or its owners, directors, shareholders, officers, employees and/or agents. This waiver and hold harmless provision shall remain in force and be binding upon both parties and shall survive the termination of this Agreement.
Termination
ExtendSMS reserves the right to terminate your privilege to use the Services as advertiser or consumer at any time for any reason, including without limitation, if ExtendSMS has been notified by third parties or has a good faith concern that any of your activities may infringe third party rights or violate the laws or regulations of any applicable jurisdiction.
Forum and Choice of Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Services shall be brought only in the United States District Court for the Western District of Pennsylvania or the Court of Common Pleas of Allegheny County, Pennsylvania and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or be forever barred.
Entire Agreement
These Terms of Use, the Privacy Policy, and the Service Agreement constitute the entire agreement between you and ExtendSMS with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between ExtendSMS and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Use shall be enforceable.
Comments and Questions
If you have any questions, concerns, or comments regarding the ExtendSMS Terms of Use, please email us at: terms@extendsms.com.
You may also contact us at:
ExtendSMS, Inc.
210 Morning Grove Lane
Valencia, PA 16059
Copyright and Trademark Information
COPYRIGHT NOTICE: Copyright © 2007-2011 ExtendSMS, Inc. All Rights Reserved. ExtendSMS is a service mark of ExtendSMS, Inc.