10 Mar 0
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS SMS USER/RESELLER AGREEMENT (“SMS AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH CONTACTALLBULKSMS OFFERS YOU (THE “USER” OR “YOU” OR “YOUR RESSELER”) AN ACCOUNT (THE “ACCOUNT”) FOR USE OF THE CONTACTABULKSMS SERVICE (THE “SMS SERVICE”).
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE CONTACTALLBULKSMS SITE .
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. CONTACTALLBULKSMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
ContactallbulkSMS provides the SMS Service with the capability to send SMS to mobile phones via the World Wide Web on the ContactallbulkSMS System. ContactallbulkSMS may terminate, change, suspend or discontinue the SMS Service, including the availability of any features of the Site, at any time. ContactallbulkSMS may from time to time provide additional services subject to charges according to the sole discretion of ContactallbulkSMS.
2. MEMBER ACCOUNT
(A) Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by ContactallbulkSMS. The SMS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the ContactallbulkSMS Services are appropriate for your child.
(B) To open an account for usage of the SMS Service, the User must provide true and accurate information as prompted by the Registration Form and shall promptly update such information to keep it true and accurate. The User shall signup with his/her name, physical address, email address, phone number and a username and the password will be sent to the user’s phone number and notification to user’s email address. The User is entirely responsible for the privacy, confidentiality and storage of password. All website activities that can be traced to the username and password of the User are deemed as having performed by User. ContactallbulkSMS does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the SMS Service or Your Account and for any activities conducted through Your Account. In addition, ContactallbulkSMS may temporarily DEACTIVATE your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify ContactallbulkSMS immediately of any unauthorized use of the account at email@example.com.
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of the SMS Service. All charges will be exclusive of value added tax (“VAT”), sales or other taxes, except as required by law. ContactallbulkSMS reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible for reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the SMS service shall be deemed to be acceptance of any posted changes in the prices for your use of the SMS Service.
(A) Fees: User shall pay to ContactallbulkSMS a subscription fee according to the Plan chosen. The SMS account balance is non-refundable and does not bear interest. All purchases are considered final. Accounts on ContactallbulkSMS do not expire; user can login to SMS service anytime to use service. ContactallbulkSMS may from time to time offer limited similar promotions during which no credits or lesser credits shall apply. The terms and conditions shall remain in full force and effect. ContactallbulkSMS reserves the right to change prices or institute new charges for access to or use of the SMS Service. Continued use of the SMS Service or non-termination of User’s Account after changes are posted constitutes User’s acceptance of the prices as modified by the posted changes
(B) Non- ContactallbulkSMS Fees: Your wireless service provider or pager company may charge you
(i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager,
(ii) airtime or other connection fees in connection with your downloading of information or messages from or uploading of information or messages to the SMS Service, and/or
(iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such fees, and for any other hardware, service or other costs You incur to access Your Account, plus any applicable taxes. Users will be charged separately for use of the SMS Services in accordance with this Agreement and the terms set forth on the Site.
(C) Payment: Recharge fees are prepaid and are payable through credit cards, debit cards and Bank deposit. ContactallbulkSMS reserves the right to suspend or terminate your use of the SMS Service without notice upon rejection of any credit card charges, debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to ContactallbulkSMS and as to which ContactallbulkSMS believes such payments were proper. In addition, ContactallbulkSMS has the right to seek any fees, damages, expenses or the like arising from your failure to pay ContactallbulkSMS for use of the SMS Service, including, but not limited to, fees charged to ContactallbulkSMS by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney’s fees.
You must promptly notify ContactallbulkSMS in the event of any changes to your account or billing information or in the event your charge card or debit card is canceled for any reason.
PLEASE BE ADVISED:
(a)You expressly agree that all charges for payment of the SMS Service are final and non-refundable. You are responsible for all charges resulting from your use of the SMS Service. Once you sign up for the SMS and provide a form of payment, ContactallbulkSMS will not provide you a refund for any charge made on your credit card, debit card or any payments.
(b) If you believe that you have been improperly charged for any Service, you must notify ContactallbulkSMS within 3 days of any invoice or credit card statement, provide ContactallbulkSMS any information necessary to review the claim, and ContactallbulkSMS will attempt to resolve the claim in a timely manner.
ContactallbulkSMS DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify ContactallbulkSMS, and you will be responsible for such unauthorized use or charges until you notify ContactallbulkSMS. You must also adopt any steps necessary to prevent any further unauthorized use of your account or unauthorized charges.
(c) Resellers must renew their Reseller Platform with Sum of Five Thousand Naira Yearly(N5,000.00/yr) a month before their expiration date. Failure to do so may resort to account suspension .
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using the SMS Service. You may not use the SMS Service for any of the following purposes or in any of the following manners:
(i) to impersonate or harass any other person;
(ii) to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
(iii) that violates any person’s rights of privacy or publicity,
(iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization,
(v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which you reside;
(vi) to intercept any communications not intended for you;
(vii) to release, post, distribute or execute any viruses or other harmful computer code; or
(viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(ix) to engage in “spamming,” transmission of “junk mail” or “chain letters” or unsolicited mass distribution of e-mail or any similar conduct.
(B) ContactallbulkSMS does not control the data, information or other postings provided by other users that are made available through the SMS Service. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the SMS Service or relying on any data, information or other postings provided through the SMS Service.
(C) At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the SMS Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the SMS Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
(D) You acknowledge that ContactallbulkSMS may establish general practices and limits concerning use of the SMS Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the SMS Service, the maximum number of messages that may be sent from or received by an account on the SMS Service, the maximum size of any message that may be sent from or received by an account on the SMS Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the SMS Service in a given period of time. You agree that ContactallbulkSMS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SMS Service. You acknowledge that ContactallbulkSMS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ContactallbulkSMS reserves the right to change these general practices and limits at any time, in its sole discretion , with or without notice.
(E) After a successful registration, you may receive advertisements, promotions or similar messages on your mobile phone, personal computer or other similar device from ContactallbulkSMS. A free SMS user may opt out from receiving similar marketing promotions, however, Contactall reserves the right to terminate Your use of the SMS service. To discontinue receiving from such promotional service, email us at firstname.lastname@example.org
(F) User agrees that ContactallbulkSMS may terminate User’s Account and use of the SMS Service (and other ContactallbulkSMS services) if ContactallbulkSMS believes User has in any manner
(i) violated the terms and conditions of this Section 4,
(ii) violated the SMS Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by ContactallbulkSMS ,
(iii) violated this Agreement,
(iv) provided ContactallbulkSMS false, inaccurate or incomplete not current information, or
(v) violates any applicable law, regulation or rule of any state or country.
You understand that ContactallbulkSMS has no editorial control over any third party content and that ContactallbulkSMS does not guarantee the accuracy or completeness of any third party content. You agree that ContactallbulkSMS will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will ContactallbulkSMS be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of ContactallbulkSMS and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the Nigerian copyright laws or comparable provisions of foreign laws.
7. MODIFICATION TO THE SERVICE
(A) User acknowledges that ContactallbulkSMS is dependent on various telecommunications networks and institutions for the delivery of its messages and that ContactallbulkSMS may adjust its prices and offering, should the prices be adjusted due to reasons that are not in ContactallbulkSMS control. User will be notified of any such changes through publication on the Site or through sms describing the change.
(B) You understand that ContactallbulkSMS may, in its discretion, from time to time change, add, or remove certain features of the SMS Service or change the terms of this Agreement by informing you through publication on the ContactallbulkSMS website or through an email describing the changes. If you are dissatisfied with any such changes to the SMS Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, ContactallbulkSMS reserves the right to discontinue the SMS Service altogether for all users at any time in its discretion.
8. DISCLAIMERS AND WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ContactallbulkSMS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO ContactallbulkSMS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. SIMPLY PUT, ContactallbulkSMS MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT’S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER DOES NOT SUPPORT SMS DELIVERY AT ALL. ContactallbulkSMS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
9. LIMITATIONS ON LIABILITY
(A) ContactallbulkSMS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF PROFITS, BUSINESS INTERRUPTION LOSS OF DATA, INJURY TO GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ContactallbulkSMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SMS SERVICE BY YOU, OR ANYONE USING YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMS SERVICE OR THE SITE; OR
(iv) ANY DAMAGES OR LOSS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE OR USE OF THE SMS SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE.
(B) ContactallbulkSMS SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SMS SERVICE GENERALLY, THE SITE, ANY OTHER ContactallbulkSMS SERVICE AND ANY ASPECT ANCILLARY THERETO;
(C) ContactallbulkSMS SHALL IN NO EVENT BE RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN ContactallbulkSMS AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. ContactallbulkSMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN ContactallbulkSMS AND THE USER.
(D) ContactallbulkSMS TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SMS SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO ContactallbulkSMS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ContactallbulkSMS LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
10. RELEASE AND INDEMNIFICATION
(A) In the event that you have a dispute with one or more users, you release ContactallbulkSMS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
(B) User agrees to defend, indemnify and hold harmless ContactallbulkSMS and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the SMS Service, or Your use of the SMS Service.
11. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting ContactallbulkSMS customer service at email@example.com . Notifying ContactallbulkSMS in any other way of your desire to terminate your Account may result in delays in processing your request. ContactallbulkSMS, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the SMS Service, for any reason, including, without limitation, for lack of use or if ContactallbulkSMS believes that You have violated, acted inconsistently with this Agreement or if the charges to Your credit card or debit card for the fees are refused for any reason. ContactallbulkSMS reserves the right to terminate Your Account and this Agreement for any other reason if ContactallbulkSMS gives You at least ten (10) days advance notice. Upon any such termination of Your Account, You will remain obligated to pay all outstanding fees and charges relating to Your use of the SMS Service before termination. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that ContactallbulkSMS may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service.
Any reseller that decide to terminate his resellership with contactallbulksms, under that termination,he/she will also loose his/her copyright owner of any domainname registered for him/her by contactallbulksms. Further, you agree that ContactallbulkSMS shall not be liable to You or any third-party for any termination of Your Account..
The SMS Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that ContactallbulkSMS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ContactallbulkSMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the SMS Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the SMS Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (“intellectual property rights”). Except as expressly authorized, You agree not to violate the intellectual property rights of ContactallbulkSMS or any third party.
14. GOVERNING LAW; ARBITRATION
The laws of the Federal Republic of Nigeria, excluding its conflicts-of-law rules, shall govern all matters relating to this Agreement and use of the SMS Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Nigeria, in accordance with the International Arbitration Rules of the American Arbitration Association (the “AAA International Rules”) then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Nigeria. The successful party to the arbitration or any litigation relating to this Agreement or the SMS Services shall be entitled to an award for reasonable costs and attorney’s fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the SMS Service and supersede any prior or contemporaneous written or oral statements by ContactallbulkSMS or its representatives or resellers. The failure of ContactallbulkSMS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7.
ContactallbulkSMS may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
I.Contactall Privacy Notice and Choices:
As set forth in the Conditions of Use, ContactallbulkSMS provides:
(a) computing and information services and
(b) telecommunications services (including the ContactallbulkSMS Gateway) (collectively the “Services” or the ” ContactallbulkSMS Services”) to persons who join ContactallbulkSMS (“Members” or “Users” or “you”). As part of the registration process for the Services, you are asked to provide certain personal information and (if applicable) credit card or other billing information. The policy of ContactallbulkSMS is to protect the privacy of ContactallbulkSMS Members who are using any of the ContactallbulkSMS Services. Please be aware, however, that as a condition of membership and use of the ContactallbulkSMS Services, ContactallbulkSMS requires Members to select areas of interest and thereby agree to receive marketing materials from ContactallbulkSMS or third parties related to those interests. Members may choose at any time to opt-out of mailings on their profile, including during registration and when they receive any third-party mailings from ContactallbulkSMS; however, ContactallbulkSMS reserves the right to cancel the membership of Users in the event such a Member chooses to completely opt-out of all mailings.
Please recognize that it is the policy of ContactallbulkSMS to protect the privacy of its Members, and thus ContactallbulkSMS will only allow third parties to have access to information concerning Users (“User Information”) in the following situations:
(i) ContactallbulkSMS will provide access to certain User Information to third-party suppliers in order for them to perform certain functions for us as necessitated by the Member’s use of any of the Services — for example, credit card numbers are sent to a credit card processing company for billing. These suppliers are not authorized to release this information to other third parties.
(ii) ContactallbulkSMS will disclose User Information in cases where, in its discretion, it deems such disclosure required or appropriate in order to comply with applicable laws and regulations.
(iii) ContactallbulkSMS is a commerce and advertising supported business and the availability of the Services depends substantially on its perceived value among marketers that pay for advertisements and retail opportunities through ContactallbulkSMS. Marketers seek to direct advertisements and shopping opportunities to Members who have expressed interest in a category relevant to the offer. Accordingly, ContactallbulkSMS may provide User Information (name and email address, but never your credit/debit card information or other payment information) to third parties for purposes of providing you information about third party products, promotions and services that are likely to be of interest to Members. If at any time you decide you do not wish to receive such third-party product information, you may opt-out of future mailings by sending an email to ContactallbulkSMS at firstname.lastname@example.org and ContactallbulkSMS will honor such a request without question. ContactallbulkSMS reserves the right to cancel User’s membership in the event a User chooses to completely opt-out of all mailings.
(iv) ContactallbulkSMS will disclose User Information if the User gives permission, requests products that require identifying information for fulfillment, or we are required to do so by law or regulatory authority.
ContactallbulkSMS may send Users periodic emails containing information about ContactallbulkSMS, administrative notices about a User’s account (such as notices about pending activities), updates on new Service features, usage tips relating to the Services, information about ContactallbulkSMS or third party products and services that are likely to be of interest to you, and user satisfaction questions. ContactallbulkSMS may also access user information for the following administrative purposes:
(a) to examine system accounting logs and other company records to resolve email and other system errors or problems and
(b) for billing purposes.
II. Credit Card Information:
If any person uses a credit or debit card to pay for any of the Services offered by ContactallbulkSMS requiring payment of a fee or fees, ContactallbulkSMS will continue to charge your account until you provide ContactallbulkSMS notice of termination of use of the service (in accordance with the Conditions of Use) and all usage fees have been paid. Notwithstanding termination by a Member of the Premium User Services, ContactallbulkSMS will not refund any portion of the service fee. If you give us credit or debit card information for any other purpose or to pay for any other type of purchase, it will be used one time only to fulfill one order, and ContactallbulkSMS will not store your credit card information. Each User is responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying ContactallbulkSMS of such use and taking steps to prevent its further occurrence. Further, each User agrees to be financially responsible for use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
III. Children May Not Use the Services Without Parental Permission:
ContactallbulkSMS adheres to the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”). As such, children under the age of thirteen may not use the ContactallbulkSMS SMS Service (or other Services requiring payment of a fee) and must always ask parents or a legal guardian for permission, and provide verifiable consent of a parent or legal guardian, before becoming a member of ContactallbulkSMS and before sending any personal information to ContactallbulkSMS, or anywhere on the Internet. All other children should always ask parents or a legal guardian for permission before sending any personal information to ContactallbulkSMS, or anywhere on the Internet. Parents are encouraged to spend time online with their children to become familiar with the types of content available through ContactallbulkSMS and over the Internet in general and to regularly oversee their children’s use of email and other online facilities. Children should check with their parents before supplying any information about themselves or their likes and dislikes, before they sign up for ContactallbulkSMS. Moreover, as it is a condition of membership in ContactallbulkSMS that Users provide certain information concerning the User’s interests and agree to receive marketing materials from ContactallbulkSMS or third parties related to those interests, parents or a guardian of a child should contact us by sending an email to email@example.com if they would like a child’s membership terminated and this information deleted from our records. If ContactallbulkSMS determines that information has been provided by any child without permission of a parent or legal guardian, ContactallbulkSMS will immediately terminate the account and delete the information from our records.
IV. ContactallbulkSMS Information Practice, Access and Security:
C. We use third-party advertising companies to serve some ads when you visit our Site. Third-party advertising companies also separately place or recognize a cookie file on your browser in the course of delivering advertisements to this Site. These companies may use information (not including your name, address email address or telephone number) about your visits to the ContactallbulkSMS Site and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies contact us by sending an email to firstname.lastname@example.org.
D. ContactallbulkSMS will be aggressive in terminating accounts of users who violate ContactallbulkSMS ‘s Conditions of Use. If we must deny a consumer’s application for service or terminate a consumer’s relationship with us, in cases other than fraud or violations of any law, rule or regulation, we will provide upon request the reasons, nature, substance, and information ContactallbulkSMS used in the decision.
E. ContactallbulkSMS provides you access to your Profile information for the purpose of reviewing and/or updating such information. In order to view or make any changes to your Profile, go to the ContactallbulkSMS home page, log into your ContactallbulkSMS address and click on ContactallbulkSMS “View Account” link to access or update your directory information.
F. ContactallbulkSMS is concerned about protecting User Information (including any credit card information) and therefore we work to protect this information by utilizing all appropriate technology to prevent unauthorized access to the information you provide ContactallbulkSMS. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online, including SSL security for credit card submissions.
V. CONTACTALL Employee Standards
A. Only those employees needed to carry out the business functions may have access to information on individual CONTACTALL customers. We employ security techniques to safeguard User Information.
B. Each employee has a personal responsibility for maintaining Member confidence in ContactallbulkSMS. We train each employee on the ContactallbulkSMS Privacy Principles, and those violating these principles will be subject to disciplinary action, including dismissal in appropriate cases. ContactallbulkSMS will employ rigorous technology and employee practices to ensure the highest possible standards of accuracy, completeness and timeliness.
VI. Conditions of Use and Revisions
C. The internet community is a rapidly changing environment and therefore ContactallbulkSMS may sell or liquidate its assets or its business or may purchase the assets or business of other companies (“business transfers”). In such transactions, user information generally is one of the transferred business assets and therefore ContactallbulkSMS Members should be aware that such business transfers may occur.
D. SMS’s may only be sent to countries and networks under our coverage. Presently we only cover mobile networks available in Nigeria and some foreign countries.
E. ContactallbulkSMS reserves the right to use phone numbers in users’ address books only (not names) for SMS marketing. These numbers can also be shared with 3rd parties for the same purpose.