Terms of Use

The terms and conditions on this page apply equally to both users of the standard SMSwords service and developers using Application Programming Interface ("API").

PLEASE READ THESE TERMS OF USE CAREFULLY. CHANGES MAY HAVE BEEN MADE SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH OUR WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. YOU AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN PRODUCTS THAT MAY BE DERIVED FROM SMSwords SERVICES AND POLICIES RELATING THERETO AND ENSURE THAT YOUR CUSTOMERS ADHERE TO THESE TERMS.

SMSwords reserves the right, at its sole discretion, to modify or change these Terms of Use at any time without prior notice by posting them to SMSwords's website. You must visit this page to review the current Terms of Use on a regular basis. Your continued use of the service following any changes to the Terms of Use constitutes your full acceptance of those changes.

You agree to the Privacy Policy described on its own page and agree to enforce anyone using your account to adhere to permission-based marketing practices respecting the Privacy Policy described on its own page and as required by law. You agree to take full responsibility and accept legal consequences of any action taken by anyone using your account.

Acceptable Use Policy

You agree to the Privacy Policy described on its own page and agree to enforce anyone using your account to adhere to permission-based marketing practices respecting the Privacy Policy described on its own page and as required by law. You agree to take full responsibility and accept legal consequences of any action taken by anyone using your account.

SMSwords may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. Its services may be used only for lawful purposes and may not be used for any illegal activities. Using the services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the services is prohibited.

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate use of the services. This list is provided by way of example and shall not be considered exhaustive.

  • Adversely impacting the availability, reliability, or stability of SMSwords’s services.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of SMSwords’s services.
  • Attempting to bypass or break any security mechanism on any of the services or using the services in any other manner that poses a security or service risk to SMSwords, to any user of our services, or to any of our or their respective customers.
  • Testing or reverse-engineering the services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  • Using the services in any manner that may subject SMSwords or any third party to liability, damages or danger.
  • Using the services in any manner that violates any applicable third party policies or requirements that SMSwords has communicated to the customer.
  • Using the services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
  • Engaging in fraud with respect to your account.
  • Using any of the SMSwords property or SMSwords trademark or copyright other than as expressly permitted in this agreement.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
  • Using the services in connection with any harassing text messages (commercial or otherwise).
  • Offering any Emergency Services to users. "Emergency Services" shall mean services that allow a user to connect with emergency services personnel or public safety answering points.
  • Promoting or engaging in illegal activities.
  • Engaging in activities or transmitting through the services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Creating a false identity or forged header/sender ID or otherwise attempting to mislead others as to the identity of the sender or the origin of a message using your account.
  • Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
  • Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
  • Interfering with or disrupting networks connected to the services or violating the regulations, policies or procedures of such networks.
  • Using the services, or a component of the services, in a manner not authorized by SMSwords.

Anti-Spam Use Policy

SMSwords may, in its sole discretion, determine whether you are in violation of this Anti-Spam Use Policy. Its services may be used only for lawful purposes and may not be used for any spam activities. Using the services in a spam, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the services is prohibited.

  • Any account found to be using SMSwords for spam will be suspended without notice. If you know of or suspect any violators, please notify us immediately by clicking here. Any used and unused mobile ads credits will not be refunded.

Warranty Disclaimer

SMSWORDS PROVIDES ITS SERVICE AND ALL RELATED CONTENT AND MATERIAL ON AN "AS IS" BASIS. SMSWORDS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, SMSWORDS DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SMSWORDS DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS. ALTHOUGH SMSWORDS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, SMSWORDS WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER ROUTE IF THE PRIMARY ROUTE IS EXPERIENCING TECHNICAL DIFFICULTIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnification

You hereby agree to defend, indemnify and hold harmless SMSwords and its business or technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) arising out of or in connection with any claim or action such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) your use of SMSwords’s service in a manner not authorized by these Terms, and/or in violation of the applicable restrictions herein, and/or applicable law, (iii) any privacy violation or spam alleged to have been committed or sent by you through your use of the service, or (iv) otherwise arises from or relates to your use of the service. In addition, you acknowledge and agree that SMSwords has the right to seek and recover all of its damages caused by you when you use the service for unlawful purposes, in an unlawful manner, in a manner that violates SMSwords’s privacy, acceptable use, import, and/or anti-spam policies, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. The terms of this section shall survive the termination of your relationship with SMSwords.

Termination

You may terminate this Agreement at any time by notifying SMSwords's Customer Support. Lack of activity in your account does not automatically terminate your account. You understand and agree that SMSwords will make no refund to you of any used mobile ads credits.

SMSwords may terminate this Agreement or the service, disable your account or deactivate your account in each case at any time with or without cause, and with or without notice. SMSwords shall have no liability to you or any third party because of such termination or action. If your account has not been cancelled and is classified as inactive by SMSwords for at least 90 days, SMSwords has the right to permanently delete all of your account data with no ability to recover such data at its discretion.

Prohibited Content

In addition to and without limiting its Acceptable Use Policy, SMSwords prohibits the use of the service in any manner that, and by any business, person, or entity that:

  • Uses sexual or pornographic content.
  • Provides, sells or offers to sell any of the following products/content or services related to the same: pornography or illicitly pornographic sexual products (such as magazines, video, and software), escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, or instructions on how to assemble or otherwise make bombs or other weapons, or tobacco products.
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

Restricted Content

In addition to and without limiting its Acceptable Use Policy, SMSwords restricts the use of the service in any manner that, and by any business, person, or entity that:

  • Adult-oriented content: online dating sites, online matchmaking sites
  • Alcoholic beverages
  • Gambling-related content
  • Healthcare-related content

Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  • The service may only be used for lawful purposes.
  • You acknowledge that the use of certain features may not be permissible under the laws of all jurisdictions, and further acknowledge and agree that you have sole legal control, responsibility, and liability for compliance with any such laws.
  • If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  • SMSwords and you agree that this Agreement is a factual and necessary statement of the mutual understanding of the parties, relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement will be honored with any SMSwords representative. No delay or omission by SMSwords in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind SMSwords in any respect whatsoever.
  • In any action or proceeding with you to enforce SMSwords’s rights under the Agreement, you agree that SMSwords will be entitled to recover its costs and attorneys' fees.
  • The Agreement shall be governed by the laws of the state of Utah, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to Draper, Utah.
  • SMSwords, at its own discretion and at any time, may immediately disable your access to the service without refund if SMSwords believes that you have violated any of the policies listed above or anywhere else in this Agreement.

NOTE: Users of the SMSwords API (by software developers) are equally subject to every aspect of this Terms of Use.

If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us.


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