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terms of use

TEXTID.COM
TERMS OF SERVICE
Effective Date: September 1, 2008.

By accessing WWW.TEXTID.COM Website or using the Services (defined below), You agree to be bound by these Terms of Use.
1.     Use of Website

a. These Terms of Use apply to You whether You access this Website through the home page or directly access any page located on the Website and maintained by Us, or if you access or use any of the Services available on or through the Website. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time upon reasonable notice. Any changes to these Terms of Service will be posted on this page. Notice of all such changes will be posted in advance of the effective date. By using or continuing to use the Services or the Website after the effective date of any such changes, You agree to be bound by the new Terms of Service. If You do not agree to abide by these or any future Terms of Service, do not use the Services or access the Website. It is Your responsibility to regularly review these Terms of Service.
2.     Definitions

a. "Facilities" means the Website and the computer system, computer processing equipment, computer network, computer servers and all related computer peripheral equipment which are provided by or used by TextID.com in connection with the operation of the Website and the Services. Facilities also include any computer networks, computer systems or services which are provided by any supplier or partner to TextID.com and which are related to the Website or used in connection with the Services.
b. "Services" means all of the services offered by TextID.com or which can be accessed through the TEXTID.COM website or by using the Facilities. Services include without limitation the ability to access and use the Website and/or the Services to set up, program, access, use or allow others to access Our Short Message Service (SMS) messages and/or Multimedia Message Service (MMS) or any other services We offer.
c. "Terms of Service" or "Agreement" refers to these Terms of Service. These Terms of Service include Our Privacy Policies and any other policies, terms or conditions referred to in these Terms of Service or posted on the Website.

d. "We", "Us" or "Our" refer to TextID, LLC, the owners and operators of the Website, Services or Facilities. TextID, LLC may also be referred to as the "Company."
e. "Website" refers to the internet website located at WWW.TEXTID.COM and any pages accessible through the home page for the Website and any content or materials placed on or available directly from the Website.
f. "You" or "Your" refers to You, the user of the Website or the user who accesses any material available on the Website or who accesses the Services. You agree that you shall be liable for any use of the Services, Website or Facilities by You or anyone using your Username or ID to access the Services or the Website.
3.     Eligibility

a. The Website is open to all users who have a legitimate interest in the use of the Website or the Services. In order to subscribe to the Services, You must be over 18 years of age and lawfully able to enter into contracts in the State of Arizona.
b. We reserve the right to limit, restrict or deny access to the Website, Services or Facilities to any user at any time for any reason, including limiting the use of keywords to the geographic service area of the keyword subscriber, and limiting the use of all keywords and TextID products and services to reasonable use which is at the sole discretion of TextID. Without limiting the generality of the foregoing, We may prohibit You or anyone from accessing or using the Website if: (1) You or they violate this Agreement; (2) In Our reasonable opinion, Your use of the Website, Services or Facilities poses a risk to any other user of the Website, Services or Facilities or exposes Us to any legal risk, or poses harm or a reasonable threat of harm to any other computer system used by the Website, accessed by the Services or to any other user of the Website or Services; or (3) is contrary to law.
4.     Limitation on Use of the Website

a. You agree to comply with the following restrictions governing Your use of the Website.
  1. You may use the Services, Website and Facilities only for Your personal use.
  2. You will not use the Website, Services or Facilities for any illegal activity.
  3. You will not use the Website, Services or Facilities for purposes of harassing any third party or for publishing or distributing any libelous, slanderous or defamatory materials or any obscene, scandalous or indecent materials.
  4. You represent, warrant and agree that none of the materials submitted by You or through Your account will violate or infringe upon the rights of any third party, including patent, copyright, trademark, privacy, publicity or other personal or proprietary rights.
  5. You agree not to use automated scripts to collect information from the Service or the Website.
b. You further agree that You may not use the Website, Services or Facilities in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website, Services or Facilities
c. You will not post any viruses or other computer code to the Website, Services or Facilities which is designed to harm or damage any computer system or which is designed to interrupt or interfere with the proper functioning of the Services or any computer system, or which is designed to damage or destroy any data contained on any computer system or which interfere with the orderly use of the Services.
d. You represent and warrant to us that You have the right and authorization necessary to post any content you provide to Us for use in connection with the Services. You further represent and warrant that all data posted to the Services is posted in compliance with these Terms of Service.
5.     Proprietary Rights in Content on the Website

a. All content on the Website, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the property of the Company. The Company owns the copyright in all Content, except for the content supplied by the Company's affiliates or members, which content is used and posted with permission. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.

© 2008 TextID, LLC. All Rights Reserved.
b. All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of the Company or its partners, affiliates or service providers and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
6.     Privacy Policy

a. Our privacy policy is set forth on the following webpage: www.textid.com/privacy.html. Our privacy policy is a part of these Terms of Service. By using the Website You agree to be bound by and comply with Our privacy policies.
7.     Fees

a. You agree to pay all fees and charges charged to Your account based upon Your use of the Services. Our fees and charges are detailed on the following web page: http://www.textid.com/pricing.html. All fees and charges shall be paid in a timely manner.
b. You agree that if You fail to pay any fees and charges incurred in a timely manner the Company may terminate its Services.
c. By providing your credit card information, you authorize the Company to charge your credit card for all Services provided to you on an ongoing basis. You authorize the Company to charge Your credit card on file with the Company on a monthly basis for all fees and charges incurred by You.
d. In the event any charges are past due, the Company charge interest on all past due amount in an amount up to 18% per year on all past due charges and fees.
e. In the event Your account is referred to collection, you agree to pay all costs of collection, including all courts costs and attorneys' fees incurred in collecting any sums.
8.     Disclaimers

a. We are not responsible for the content of any text messages or short messaging service messages post by any user.
b. We are not responsible for any interruption or unavailability of the Services. You understand that these services are Internet based and that We cannot guarantee continued access to or availability of the Internet or the Internet based services. We are not responsible for the loss of any data posted to the Website or the Facilities by You.
c. TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE. IN NO EVENT SHALL THE COMPANY'S LIABILITY FOR ANY CLAIMS EXCEED THE AMOUNT PAID BY THE USER.
9.     Links to Other Websites

a. The Website contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on or through the Website or the Service does not imply approval or endorsement of the linked website by Us. If You decide to leave the Website and access these third-party sites, You do so at Your own risk.
10.     Indemnity

a. You agree to indemnify, defend and hold TextID, LLC, and its officers, employees, agents, and representatives harmless from any and all claims, demands, actions, causes of action, demands, liabilities, judgments and damages, including reasonable attorneys' fees, arising out of or related to your use of the Website or Services or any violation of these Terms of Service.
11.   Additional Terms:

a. These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by Us on the Website, constitute the entire agreement between You and Us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms of Use in any instance shall not prevent Us from enforcing such rights on any other occasion. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
b. These Terms of Use are governed by Arizona law. By using this Website You agree that in the event of any legal dispute arising out of or related to the use of the Website or these Terms of Use, such suit shall be brought in the state or federal courts located in Maricopa County, Arizona. You consent to the jurisdiction and venue of such courts. In any legal action the prevailing party shall recover their court costs and reasonable attorneys' fees.
TextID, LLC
PO Box 38130
Phoenix, AZ 85069
Telephone: (800) 258-1994
Info@textid.com
 

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