Wednesday, 10 March 2010
      
 
   
         
   
SMSDocument > Terms Of Use

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.