Terms of Use
Code
of Conduct
1.
You
alone are legally responsible for your conduct while using the SMSDocument.com.com
service, and for any data, text, information, user names, graphics, photos, profiles,
audio and video clips, links and files (“content”) that you submit, post, or display
on the SMSDocument.com.com service.
2.
You
must not abuse, harass, threaten, libel, impersonate or intimidate other SMSDocument.com
users, or upload any content that does so.
3.
You
may not upload pornographic material or hate material to the SMSDocument.com site.
4.
You
may not use the SMSDocument.com.com service for any illegal or unauthorized purpose
or in a way that violates any laws in your jurisdiction (including but not limited
to copyright laws). International users agree to comply with all local laws regarding
online conduct and acceptable content.
5.
You
must not modify, adapt or hack SMSDocument.com.com or create, adapt or modify another
website so as to falsely imply that it has any connection with SMSDocument.com.com.
6.
You
must not send or submit unsolicited email, notices, or advertisements (“spam”) to
any SMSDocument.com members. The term “unsolicited email” does not apply to notices
generated automatically by SMSDocument.com as a result of normal use of the SMSDocument.com
service, such as notices inviting another user to share one of your folders.
7.
You
must not send or submit such unsolicited email from your SMSDocument.com user account
to any person, whether or not they are SMSDocument.com users, with the exception
of the notices generated automatically by SMSDocument.com as a result of normal
use of the SMSDocument.com service, such as notices inviting another person to view
your file(s).
8.
You
must not transmit to any email address, person or computer any worms or viruses
or any code of a destructive nature.
9.
You
must not upload to the SMSDocument.com service any file containing any malicious
computer code, such as viruses, worms or bugs, or any file that is designed to perform
functions on any equipment, when downloaded, without the owner's express consent.
In order to protect our users from such malicious files, SMSDocument.com does not
allow anyone to upload executable files, including exe and bat files, or archives,
including zip and rar files.
10.
The SMSDocument.com
service has certain limitations (which may change from time to time), for instance:
permissible file sizes, limit on use of upload and download bandwidth, and file
types that may be uploaded. We strive to keep these limitations to the minimum that
is compatible with giving our bona fide users an enjoyable and rewarding experience.
You are not allowed to circumvent these system limitations, e.g. by splitting a
larger file into more smaller files, renaming file extensions, or any other method
intended to enable you to upload material that you are not allowed to upload.
11.
Failure to
comply with these Rules of Conduct may result in deletion of the offending content
without prior notification, and/or termination of your use of the SMSDocument.com
service.
Security
1.
You
are responsible for keeping your password secure.
2.
You
are responsible for any activity that occurs under your user name.
3.
You
understand and agree that SMSDocument.com cannot be responsible for the content
posted on its web site, so that, even though SMSDocument.com.com prohibits certain
conduct and content on its site, you nonetheless may be exposed to such materials,
and that you use the SMSDocument.com.com service at your own risk
Registration
To use the Service,
you must submit a complete SMSDocument.com registration form, which is available
at https://www.SMSDocument.com.com (the "Registration Form"),
Incomplete
Signup Emails
If you begin the sign
up process for SMSDocument.com Services but fail to complete the process, SMSDocument.com
may contact you one (1) time via email in an effort to help successfully guide you
through this process. You hereby authorize SMSDocument.com to make such contact,
even if you ultimately determine not to sign up for SMSDocument.com Services.
Non-Transferable
Membership.
SMSDocument.com grants
you a personal, non-exclusive, non-transferable license to use the products and
software contained in or made available through the Service (the "Content") solely
for your own internal purposes. All rights not expressly granted by SMSDocument.com
to you are retained.
Restrictions.
You are permitted
to store, manipulate, analyze, reformat, print, and display the Content only for
your personal use. Unauthorized use of the Service, or the resale of the Services
without SMSDocument.com's prior written consent, is expressly prohibited. You shall
not copy, license, sell, transfer, transmit, make available, distribute, publish,
or assign this license or the Content in any format to any third party.
Third Party Interaction.
In your use of the
Service, you may enter into correspondence with, purchase goods and/or services,
or participate in promotions of advertisers or sponsors showing their goods and/or
services through the Service. Any such activity, and any terms, conditions, warranties
or representations associated with such activity, is solely between you and the
applicable third-party. SMSDocument.com shall have no liability, obligation or responsibility
for any such correspondence, purchase or promotion between you and any such third-party.
Links to Third Party Sites.
SMSDocument.com does
not endorse any sites on the Internet that are linked through the Service. SMSDocument.com
is providing these links to you only as a matter of convenience, and in no event
shall SMSDocument.com be responsible for any content, products, or other materials
on or available from such sites.
User Accounts.
·
A user account is required to access the Service and may be accessed and used only
by those authorized individuals who are registered with SMSDocument.com.
·
To open a user account, you or your company must complete the registration process
by providing SMSDocument.com with current, complete and accurate information as
prompted by the registration form.
·
In registering for the Service, you agree to submit accurate, current and complete
information about you and promptly update such information.
·
Should SMSDocument.com suspect that such information is untrue, inaccurate, not
current or incomplete, SMSDocument.com has the right to suspend or terminate your
usage of the Service.
·
You will choose a personal, non-transferable password. User accounts cannot be "shared"
or used by more than one individual.
User Responsibilities.
·
You are also solely responsible for any and all activities that occur under your
account and ensuring that you exit or log-off from your account at the end of each
session of use.
·
You shall notify SMSDocument.com immediately of any unauthorized use of your password
or account or any other breach of security that is known or suspected by you. You
shall also use your best efforts to stop immediately any copying or distribution
of Content that is known or suspected by you.
·
SMSDocument.com shall not be responsible for any unauthorized access to, or alteration
of, your transmissions or data, any material, information or data sent or received,
regardless of whether the data is actually received by SMSDocument.com, or any transactions
entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE
OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL
BE IMMEDIATELY TERMINATED.
Account Information
and Data.
·
SMSDocument.com does not own any data, information or material that you submit to
the Service or store in your account ("Data").
·
SMSDocument.com will not monitor, edit, or disclose any information regarding you
or your account, including any Data, without your prior permission except in accordance
with this Agreement.
·
Please be aware that SMSDocument.com does provide certain user registration and
statistical information such as usage or user traffic patterns in aggregate form
to third parties but such information will not include personally identifying information
and that your Internet protocol address is not transmitted with each message sent
from your SMSDocument.com account.
·
SMSDocument.com may access your account, including its Data, to respond to service
or technical problems or as stated in this Agreement.
·
You, not SMSDocument.com, shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness and copyright of all Data and
SMSDocument.com shall not be responsible or liable for the deletion, correction,
destruction, damage, loss or failure to store any Data.
·
While SMSDocument.com endeavors to prevent viable accounts and data from being purged
prematurely, SMSDocument.com is under no obligation to maintain abandoned accounts.
User agrees that lack of activity for one hundred and twenty (120) days or more
conclusively indicates that user's account is abandoned and that all data associated
with the account may be deleted and/or purged.
Payment of
Fees.
SMSDocument.com offers
its Service, as described on the SMSDocument.com website (www.SMSDocument.com.com)
and as published within the Service, for monthly or annual fees (the "Fees") which
you will pay to SMSDocument.com by authorized credit card. The Fees applicable for
the Service are available at www.SMSDocument.com.com and as published within the
Service. SMSDocument.com reserves the right to change the Fees or applicable charges
and to institute new charges at any time, upon thirty (30) days prior notice to
you (which may be sent by email). Your authorized credit card will automatically
be charged Fees on the day you sign up for the Service, or the expiration of the
initial trial period, if any, whichever is later. Thereafter, the Fees will automatically
be charged to your authorized credit card, in advance, on the date of the month
the Service was initially charged. In the event you cancel the Service, SMSDocument.com
will not refund any Fees already paid by you.
Your SMSDocument.com
account will be considered delinquent if your credit card company refuses for any
reason to pay the amount billed to it and that amount remains unpaid at the beginning
of the next accounting cycle. The Service may be suspended, archived or purged from
system if account is delinquent for more than one billing cycle. SMSDocument.com
may impose a charge to restore archived data from delinquent accounts.
If you believe SMSDocument.com
has billed you incorrectly, you must contact SMSDocument.com no later than 60 days
after the closing date on the first billing statement in which the error or problem
appeared, in order to receive an adjustment or credit. Inquiries should be directed
to SMSDocument.com's Customer Support department (support@SMSDocument.com.com).
SMSDocument.com may
choose to bill through an invoice, in which case, full payment for invoices issued
in any given month must be received by SMSDocument.com thirty (30) days after the
mailing date of the invoice, or the Service may be terminated. Unpaid invoices are
subject to interest of 1.5% per month on any outstanding balance, or the maximum
permitted by law, plus all expenses of collection.
Please remember that
SMSDocument.com bills you immediately for the extra space you order. You will initially
be charged a pro-rated charge for the upgrade based on the number of days left until
your regular billing date. Subsequently, you will be billed for all subscription
charges on the normal billing date for your account. If you choose to cancel the
extra space after your card has been billed for the month, you will not be reimbursed
for the days you did not use the extra space.
Trial Offers,
Coupons, Credits and Special Offers.
SMSDocument.com reserves
the right to discontinue or modify coupons, credits and special promotional offers
at our discretion. The Free Trial offer associated with SMSDocument.com Plus and
Workgroup entitles new, registered subscribers to a one-time free trial usage of
the service. Free Trial terms vary by promotional offer. At the end of the trial
period You will be automatically subscribed and we will bill your credit card for
the fees to the Service plan You selected at registration or to a default Service
plan for trial subscribers selected by SMSDocument.com. If You wish to terminate
the trial and do not wish to subscribe to a plan, You must cancel before the end
of your trial period. For cancellation instructions, log in to your account and
click on the Billing Info section of your My Account page.
User Conduct.
You agree to abide
by all applicable local, state, national and foreign laws, treatises and regulations
in connection with the Service. In addition, without limitation, you agree not to
use the Service to: (a) use information from the Service in connection with sending
unsolicited or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble
information or data regarding other users, including e-mail addresses, without their
consent; (c) transmit through or post on the Service unlawful, harassing, libelous,
abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous,
invasive of another's privacy, vulgar, obscene or otherwise objectionable material
of any kind or nature or which is harmful to minors in any way; (d) transmit any
material that may infringe the intellectual property rights or other rights of third
parties, including trademark, copyright or right of publicity; (e) transmit any
material that contains software viruses or other harmful or deleterious computer
code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f)
interfere with or disrupt servers or networks connected to the Service or violate
the regulations, policies or procedures of such networks; (g) 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; or (h) harass or interfere
with another user's use and enjoyment of the Service.
SMSDocument.com has
no obligation to monitor the Service and/or Content or any user's use thereof or
retain the content of any user session. However, SMSDocument.com reserves the right
at all times to monitor, review, retain and/or disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request.
Termination.
SMSDocument.com, in
its sole discretion, may terminate your password, account or use of the Service
and remove and discard any Data within the Service if you fail to comply with this
Agreement. You may terminate your user account upon notice to SMSDocument.com at
any time; however, you will not receive a refund of any portion of your fees paid
to SMSDocument.com. Upon termination by SMSDocument.com or at your direction, you
may request a file of your Data, which SMSDocument.com will make available for a
fee. You must make such request at the notification of termination to receive such
file within (30) days of termination. Upon termination of an account, your right
to use such account and the Service immediately ceases. SMSDocument.com shall have
no obligation to maintain any Data stored in your account or to forward any Data
to you or any third party.
Proprietary
Rights.
Except for the licenses
granted herein, you have no right, title or interest in or to the Service or any
Content. You agree that SMSDocument.com or its licensors retain all proprietary
right, title and interest, including copyright and all other intellectual property
rights, in and to the Service and Content, including, without limitation, text,
images, and other multimedia data. SMSDocument.com and/or other SMSDocument.com
products and services referenced herein are either trademarks or registered trademarks
of SMSDocument.com.
Copyrighted
Material
You agree that in
no circumstances will copyrighted materials (for example, copyrighted music files)
be uploaded and/or shared through the SMSDocument.com service. SMSDocument.com retains
the right to terminate an account that contains copyrighted music or other copyrighted
material that has not been legally obtained. In addition, SMSDocument.com does not
permit sharing copy-protected works including copyrighted music files.
Indemnification.
You shall indemnify
and hold SMSDocument.com and its parents, subsidiaries, affiliates, officers, directors,
employees, attorneys, and agents, harmless from and against any and all claims,
costs, damages, losses, liabilities, and expenses (including attorneys' fees and
costs) arising out of or in connection with your use of the Service (including the
Content) or breach of this Agreement.
Disclaimer
of Warranties.
SMSDOCUMENT.COM MAKES
NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY
CONTENT. SMSDOCUMENT.COM DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE
SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH
ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE
SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SMSDOCUMENT.COM.
Limitation
of Liability.
IN NO EVENT SHALL
SMSDOCUMENT.COM'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN
THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM. IN NO EVENT SHALL SMSDOCUMENT.COM BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING
OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO
YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH
THE SERVICE, EVEN IF SMSDOCUMENT.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Modification
to Terms.
SMSDocument.com reserves
the right to change the terms and conditions of this Agreement or its policies relating
to the Service at any time and shall notify you by posting an updated version of
this Agreement on the Service and/or by sending you an email message. You are responsible
for regularly reviewing this Agreement. Continued use of the Service after any such
changes shall constitute your consent to such changes.
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