Terms and Conditions
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Terms and Conditions
Thank you for visiting our site at TextAway LLC ("Website"). Use and access of this Website, and the text message and voice broadcast services described below ("The Service"), is subject to these terms and conditions ("Terms and Conditions") as well as our Usage Policy. The Service is a product of Advanced Telecom Services, Inc. Please read these Terms and Conditions carefully.
This Agreement sets out the binding terms of your use of The Service and may be modified periodically. Acceptance of your registration and use of The Service is conditioned upon your consent to these Terms and Conditions, which you implicitly accept with your registration and use of The Service. Advanced Telecom Services, Inc. may modify or terminate The Service at any time, for any reason, and without notice, without any liability to you or to any other user or third party. Any modifications or termination of The Service will be posted by Advanced Telecom Services, Inc, to the web site and are effective immediately upon posting to the web site. You are encouraged to review these Terms & Conditions periodically.
Supported Carriers: Cingular, T-Mobile, Sprint, Cincinnati Bell, Dobson Cellular, Cellular One, Verizon Wireless
The Website is generally used by “Users” to interact with User customers (“End Users”) via SMS text messaging. End Users of the service participate through the use of unique keywords that are sent to a string of 5 or 6 numeric characters called a Common Short Code. Specific examples of such services include, but are not limited to, information retrieval via SMS messaging, participation in SMS voting, participation in SMS contests, and SMS coupon retrieval. Keywords are selected during the service setup by the User for use with The Services during the service term. Use of the keyword in no way implies ownership of the keyword. Advanced Telecom Services, Inc. retains ownership of all keywords used with The Service. Use of a User keyword can be revoked at any time, for any reason without liability to user or any other third party. Advanced Telecom Services reserves the right to limit, terminate, or modify The Service at any time without liability to User, User’s agent, or any other third party. By using The Service, you agree that Advanced Telecom Services, Inc. shall not be liable to you for any modification or discontinuance of the Service.
Advanced Telecom Services, Inc. makes reasonable efforts to provide the Service on a 24/7 basis, but cannot guarantee such service. The Service will be interrupted on occasion for planned and unscheduled maintenance.
TextAway LLC sends and receives SMS messages via supported mobile telecommunication companies and their aggregation agents. While all commercial efforts are used to provide a reliable text service to User, Advanced Telecom Services, Inc. cannot guarantee ultimate delivery of SMS text messages, or timely delivery of SMS text messages and makes no warranty, expressed or implied, that SMS text messages will be delivered to End Users.
You represent and warrant that:
(A) The owners of the phone numbers used with The Service or that you provide TextAway LLC to which outbound SMS text messages are sent through The Service, have consented and affirmatively “opted-in” to receive such messages.
(B) You agree to include standard opt-out language on all outbound messages “Txt STOP 2 stop” and “Std msg rates aply”.
(C) You agree to abide by all applicable local, national and international laws and are solely responsible for all acts of omission under your account including the content of messages transmitted through TextAway LLC
(D) You agree to keep your login details and profile and billing information current and confidential and maintain such confidentiality. Advanced Telecom Services, Inc. reserves the right to terminate accounts for any fraudulent, abusive, or illegal activity and you may be reported to appropriate law-enforcement agencies.
(E) You agree to abide by the advertising and usage guidelines set forth by the Mobile Marketing Association’s found at http://www.mmaglobal.com/bestpractices.pdf , including service charge disclaimers in your advertising saying: "Standard Text Message Rates Apply."
(F) You warrant that you will adhere to all laws regarding SPAM, including the Federal Can-Spam Act of 2003
(G) You represent and warrant that you are legally authorized and have obtained all necessary regulatory approvals and certificates to provide the services you intend to offer. You further represent and warrant that you will conform to any and all Federal, State and Local laws, rules, regulations, requirements, and/or other standards that are established from time to time by governing bodies and by the mobile carriers and/or the Mobile Marketing Association.
(H) You agree to use the service for professional use only and agree not to use The Service to:
- Send unsolicited marketing messages (i.e. spam)
- Gather any type of information about End Users or others without their consent
- Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
- Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, libelous, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind;
- Transmit any material that contains viruses, trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs;
- Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
- Interfere with, or disrupt, networks connected to The Service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to The Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- Interfere with another's use and enjoyment of The Service; or
- Engage in any other activity deemed by Advanced Telecom Services, Inc. to be a criminal liability or civil penalty/judgment.
Payment and Fees
The Service does not offer premium text service fees to End User customers. Only standard carrier message rates apply to End Users.
Charges for use of The Service may include a recurring monthly fee or a pre-paid term-based package. Packages include a disclosed number of text message credits as well as a disclosed number of rights to keywords. Purchased message credits are consumed with each inbound and outbound message processed by The Service and renewed on the billing anniversary date. Package message credits do not carry over from month to month. If monthly allotted message credits reach zero, but the Service requires inbound or outbound messages to be processed, your account will be credited an additional five hundred (500) “Rollover” credits and your billing method on file will be automatically charged fifty ($50) dollars for each instance of credited Rollover credits. Rollover credits, unlike monthly package credits are available for use for up to twelve (12) months. Payment can be in the form of supported credit cards, Paypal, or Check. If you use credit card and Paypal as your billing method, you consent to have your credit card or Paypal account charged every thirty (30) days from the date of the original transaction. If you pay by check, a monthly invoice that must be paid before the 30th day anniversary date of your original transaction or your account will not be accessible until payment is received.
Termination/Cancellation of Service
You must provide written notice of cancellation within 29 days of your billing date or you will be charged for the next month of service. There are no refunds for unused message credits, and there are no prorated refunds under any circumstances.
Age Requirements for use of the Service
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand these Terms and Conditions.
Electronic Signatures and Contracts
Your use of The Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Use of The Service requires a compatible device, internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of The Service involves hardware, software, and Internet access, your ability to use The Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you are responsible for ensuring the wireless phone/device is compatible. You acknowledge and agree that you will not be entitled to any refund for any Fees you pay for interaction with the system if any part is incompatible with your Device.
Disclaimer of Warranty and Limitations of Liability
Advanced Telecom Services, Inc. expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL ADVANCED TELECOM SERVICES, INC> BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ADVANCED TELECOM SERVICES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify, and hold harmless Advanced Telecom Services, Inc. and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, licensors, suppliers and agents from any and all fines, penalties, losses, claims, expenses, including reasonable attorney's fees, and from all liabilities, losses, damages, claims, costs, acts, omissions, or negligence on the part of you, a sub-contractor, your agent or an employee of any one of them that arise from (i) use or misuse of The Service or any person to whom you have granted access to The Service, (ii) your violation of any of these Terms and Conditions, (iii) failure to conform to any Federal, State or Local law, rule, regulation, requirement, and/or any other standard established by such governing bodies including mobile carriers and/or the Mobile Marketing Association, or (iv) any other activity related to your account (including negligent or wrongful conduct). Advanced Telecom Services, Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Advanced Telecom Services, Inc. and its counsel in the conduct of such defense.
General Release of Liability
All Users and agree to hold harmless and release Advanced Telecom Services, Inc. their respective parent companies, distributors, affiliates, and subsidiaries; the service agencies and independent contractors of any of the above organizations; their respective officers, directors, employees, and agents (including advertising and promotion agencies); and all others associated with the development and execution of this service from any and all liability with respect to or in any way arising from this service.
Your Acceptance of These Terms
By accessing the Website, you signify your assent to the Terms and Conditions. If you do not agree to any of the items listed in the Terms and Conditions, please do not access the Website. You should visit this page periodically, we may, from time to time, update these Terms and Conditions and such changes shall be effectively immediately upon posting on the Website and without further notice to you. Your continued access to the Website following the posting of changes to these Terms and Conditions shall be deemed an acceptance of such changes by you.
If you have any questions, comments, or concerns regarding our Terms and Conditions, please contact us.
Last updated December 2009