Phonecaster Terms Of Use

Usage of the Services Implies Consent to the Following Terms and Conditions.

1. Service Usage Requirements
User certifies to that, if they are an individual, he/she is at least 18 years of age. A minor’s parent or legal guardian may authorize a minor’s use of User’s email account under adult supervision and with assumption of all liabilities resulting from minor’s use.

2. Ownership of Account and Security
User is responsible for maintaining the security of Users PhoneCaster account (“Account”), and is solely responsible for all activities that occur under Users Account and any other actions taken in connection with User Account, including those of User employees. User agrees to notify Phonecaster of any unauthorized uses of the Account or other security breaches. Phonecaster cannot and will not be liable for any loss or damage from Users failure to comply with this security obligation. User acknowledge and agree that under no circumstances will Phonecaster be liable in any way for any acts or omissions of User or any of Users employees including any damages of any kind incurred as a result of such acts or omissions.

3. Description of Service
The Phonecaster service (“Phonecaster”) is a platform for wireless messaging from the Internet to mobile devices. Phonecaster enables persons or commercial entities (“Users”) to transmit wireless text messages (“message”) from the Internet to the wireless devices of the User’s subscribers (“Subscribers”); provided, that Phonecaster has access to the mobile network of the Subscriber’s wireless device.

4. Fees
The credit card or other payment method accepted by Phonecaster as part of User account registration will be billed immediately upon registration for a thirty (30) day recurring term. All currency shall be calculated in U.S. dollars. Payment for Phonecaster is non-refundable. If User cancels its Phonecaster account at any time before the expiration of the thirty(30) day term, user will not be refunded the lost amount. If User credit card or other payment method accepted by Phonecaster is invalid for any reason, Users Phonecaster account will be cancelled and all the information contained within deleted permanently. Phonecaster accepts no liability for information that is deleted due to invalid payment.

PhoneCaster reserves the right at any time, for any reason whatsoever, to terminate Phonecaster, or portions of Phonecaster. In such event, Phonecaster may decide, in its sole discretion, to end service to User; provided, however, that Phonecaster would reimburse User on a pro rata basis for messages available but unused for the term only.

5. Phonecaster’s Proprietary Rights
Phonecaster grants User a non-transferable, non-exclusive right to use the code provided by Phonecaster for Phonecaster. User agrees not to copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Phonecaster.

6. Phonecaster’s Reservation of Rights
Phonecaster expressly reserves the right to immediately modify, suspend, or terminate Users account and refuse current and/or future use of any of Phonecaster’s services, including Phonecaster, if Phonecaster, in its sole discretion, believes User has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit of the PhoneCaster’s Terms and Conditions or these Phonecaster Terms.

7. Acceptable Use
User may utilize the Service for legitimate personal and business purposes, but shall not use the Service to conduct any business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law or legal obligation, or for purposes that may create civil or criminal liability, including but not limited to: (a) uses which are defamatory, deceptive, obscene, or otherwise inappropriate; (b) uses that violate or infringe upon the rights of any other person, such as unauthorized distribution of copyrighted material; (c) "spamming," see section 3; (d) threats to or harassment of another; (f) violating U.S. export regulations by mailing abroad restricted data or software. If User violates these rules or learns of other unlawful or harmful use of the Service by User, may take any action deemed appropriate to prevent this activity from occurring again, including notifying the authorities and suing for damages.

User agrees to comply with all U.S. export control laws and their implementing regulations.
User agrees to avoid using the Service knowingly (i) in a manner which significantly and adversely affects the performance or availability to others of the services, or (ii) in a manner that interferes in any way with Phonecaster’s computers or network security, or (iii) to attempt to gain unauthorized access to any unrelated person’s computer system.
User shall immediately notify of any security breach in, or unauthorized use of, User’s account.

8. Equipment and Access
Users understand that it is their sole responsibility to:

a. Provide all equipment (modem/computer) necessary to set up the connection to the World Wide Web.
b. Provide for own access to the World Wide Web
c. Pay all related telephone service fees in respect with such access
d. Pay all Internet service provider’s charges in respect with such access.
e. Have an email account that supports the POP3 protocol and is not protected behind a firewall (such devices make it impossible to access Users email)

9. Amendments and Modification to the Terms and Conditions
Phonecaster reserves the right to modify this Agreement, including changing or adding any fees or surcharges, at any time. Any modification is effective upon five days notice to User either by a posting on the Phonecaster web site (www.phonecaster.com) or by an electronic mail Message. If any modification to the Agreement is unacceptable to the User, the User is entitled to immediately terminate this Agreement and its use of the Service, as provided in Section 5 below. USER’S CONTINUED USE OF THE SERVICE FOLLOWING MODIFICATION TO THE AGREEMENT SHALL BE CONCLUSIVELY DEEMED ITS ACCEPTANCE OF THE MODIFICATION.

10. Privacy Policy
Phonecaster takes your privacy seriously. This policy covers how Phonecaster treats personal information that Phonecaster collects and receives, including information related to your past use of Phonecaster products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that Phonecaster does not own or control, or to people that Phonecaster does not employ or manage.

When you register we ask for information such as your name, email address, and zip code. Once you register with Phonecaster and sign in to our services, you are not anonymous to us. Phonecaster automatically receives and records information on our server logs from your browser, including your IP address, Phonecaster cookie information, and the page you request. Phonecaster may use information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Please rest assured that PhoneCaster will not sell or share your personal information.

11. Limited Warranty
USER AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. NEITHER PhoneCaster NOR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY PROVIDERS OR OTHERS, WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE", BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PhoneCaster, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY.

12. Limited Liability
USER AGREES THAT PhoneCaster SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MessageS RECEIVED OR transactions ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PhoneCaster HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT PhoneCaster SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE OR LOSS OF INFORMATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

IF THE USER IS DISSATISFIED WITH THE PhoneCaster SERVICE OR WITH THE MATERIALS AVAILABLE ON OR THROUGH THE PhoneCaster SERVICE OR WITH ANY OF PhoneCaster’S SERVICE TERMS, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PhoneCaster SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CALIFORNIA LAW, PhoneCaster EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION AND FITNESS FOR A PARTICULAR PURPOSE.

13. INDEMNIFICATION AND DAMAGES RECOVERY

USER AGREES TO INDEMNIFY AND HOLD PhoneCaster, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S USE OF THE SERVICE, USER’S CONNECTION TO THE SERVICE, THE VIOLATION OF THIS SERVICE TERMS BY USER, OR THE UNAUTHORISED USE BY THE USER OF ANOTHER USER’S OR THIRD PARTIES’ PASSWORD, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE SERVICE USING USER’S COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Spamming is prohibited. Spamming includes the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.

14.SUBSCRIBER FEES AND PROMOTIONS
User acknowledges that all correspondence, promotion, advertising to message recipients on the Service, including the reciept of payment for messages or other goods and services, and any other terms, conditions, warranties or representations associated with such are solely between the corresponding User and the message recipient. PhoneCaster disclaims all liabilities, obligations or responsibilities for any part of any such correspondence, promotion or reciept of payment. User agrees not to hold PhoneCaster liable for any loss or damage or any sort incurred as the result of any such dealings.

15.Free Service and Opt-in Program
Users participating in the Phonecaster free messaging service shall receive 10 free message credits per month as well as free subscriptions to partner provided text alerts and content. In return, the user agrees to receive promotional text and multimedia messages from our sponsors. No more than three messages per week. To stop your participation in this program, simply unregister from the Phonecaster Service.

16. LAW AND JURISDICTION
The TERMS OF SERVICE shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions.
User and PhoneCaster agree to submit to the exclusive jurisdiction of the courts of the state of California.

If any provision(s) of the SERVICE TERMS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
User and Phonecaster agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.