Terms and Conditions of Use
The following terms and
conditions (the "Terms and Conditions") govern your use of this web
site, and any content or functionality made available from or
through this site. We may change the Terms and Conditions from
time to time, at any time without notice to you, by posting such
changes on the Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO
THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE.
If you do not agree to these Terms and Conditions, you may not
access or otherwise use the Site.
Use of our service to harm, or attempt to harm, minors in any way is
Use of our service that threatens or encourages bodily harm
or destruction of property is prohibited.
Use of our service to transmit any material that harasses
another is prohibited.
Use of our service to make fraudulent offers to sell or buy
products, items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi schemes," and "chain letters"
is prohibited This also includes any knowing misrepresentation or
misleading statement, writing or activity made with the intent that
the person receiving it will act upon it.
Forgery or impersonation
Attempting to impersonate any person or entity is prohibited.
Forging any email address, in part or whole, of any electronic
transmission, originating or passing through our service is
Unsolicited commercial messages or Unsolicited bulk
Use of our service to transmit any unsolicited commercial
or unsolicited bulk messages is expressly prohibited.
Use of our service to access, or to attempt to access, the accounts
of others, or to penetrate, or attempt to penetrate, security
measures of ours or another entity's computer software or hardware,
electronic communications system, or telecommunications system,
whether or not the intrusion results in the corruption or loss of
data, is expressly prohibited.
Copyright or trademark infringement
Use of our service to transmit any material that infringes any
copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted
software is prohibited. This also includes intellectual property
Distribution of Viruses
Intentional distributions of software or anything that attempts to
and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited.
Use of our service by minors
Persons under the age of eighteen (18) must have permission from
their parent/guardian to use our services.
Our services may not be used for illegal purposes, or in support of
illegal activities. We reserve the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing. User agrees that the Company
may disclose any and all information including IP numbers etc. to
any law enforcement agent who makes a written request without
further consent or notification to the User.
You agree to defend, indemnify and hold SMSTextNow.com and its
affiliates' directors, officers, employees and agents harmless from
any and all claims, liabilities, costs and expenses, including
attorneys' fees, arising in any way from your use of the Site, your
placement or transmission of any message, content, information,
software or other materials through the Site, or your breach or
violation of the law or of these Terms and Conditions.
SMSTextNow.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate
with SMSTextNow.com defense of such claim.
3rd Party Disclaimer
We take no responsibility for any material input by others and not
posted to our website by us. We are not responsible for the content
of any other websites linked to us; links are provided as Internet
navigation tools only. We disclaim any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
Disclaimer of warranties
We are not responsible for any damages you or your business may
suffer. We do not make implied or written warranties for any of our
services. We deny any warranty or merchantability for a specific
purpose. This includes losses or damages resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by us or others.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SMSTextNow.com,
NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR
ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY