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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. Harm to minors Use of our service to harm, or attempt to harm, minors in any way is prohibited. Threats Use of our service that threatens or encourages bodily harm or destruction of property is prohibited. Harassment Use of our service to transmit any material that harasses another is prohibited. Fraudulent activity 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 prohibited. Unsolicited commercial messages or Unsolicited bulk messaging (SPAM) Use of our service to transmit any unsolicited commercial or unsolicited bulk messages is expressly prohibited. Unauthorized access 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 rights. 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. Illegal use 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. Indemnification 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. Exclusion of Liability 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 SUCH DAMAGES.
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