Send Anonymous SMS Terms and Conditions
MODIFICATION
OF THESE TERMS OF USE
SendAnonymousSMS reserves the right to change the terms, conditions,
and notices, including but not limited to the charges associated
with the use of the SendAnonymousSMS Sites/Services. You are responsible
for regularly reviewing these terms and conditions and additional
terms posted on particular websites. Your continued use of
the SendAnonymousSMS Sites/Services constitutes your agreement
with SendAnonymousSMS to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the SendAnonymousSMS Sites/Services
are for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the
SendAnonymousSMS Sites/Services. Without the advance express written
permission of TrashMail, you may not use the SendAnonymousSMS Sites/Services
in any commercial manner.
LINKS TO THIRD PARTY SITES
The SendAnonymousSMSSites/Services may contain links to third party
Web sites ("Linked Sites"). The Linked Sites are not under
the control of myTrashMai land SendAnonymousSMS is not responsible
for the contents of any Linked Site. The inclusion of any link
does not imply endorsement by SendAnonymousSMS of the site or any
association with its operators.
Any dealings with third parties, including the delivery of
and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such
dealings or promotions, are solely between you and the third
party. SendAnonymousSMSshall is not be responsible or liable for
any part of any such dealings.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SendAnonymousSMS Sites/Services,
you will not use the SendAnonymousSMS Sites/Services for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the SendAnonymousSMS Sites/Services
in any manner that could damage, disable, overburden, or impair
any SendAnonymousSMS Site/Service(s) (or the network(s) connected
to any SendAnonymousSMS Site/Service(s)) or interfere with any other
party's use and enjoyment of any SendAnonymousSMS Site/Service(s).
You may not attempt to gain unauthorized access to any SendAnonymousSMS
Site/Service, other accounts, computer systems or networks
connected to any SendAnonymousSMS Site/Service. You may not obtain
or attempt to obtain any materials or information through any
means not intentionally made available through the SendAnonymousSMS
Sites/Services.
USE OF SERVICES
The SendAnonymousSMS Sites/Services contain e-mail services designed
to enable you to communicate with others (collectively, "Communication
Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
- Publish, post, upload, distribute or disseminate any topic,
name, material or information that incites discrimination,
hate or violence towards one person or a group because of their
belonging to a race, a religion or a nation, or that insults
the victims of crimes against humanity by contesting the existence
of those crimes
- Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by (i) intellectual
property laws, including, by way of example, and not as a limitation,
copyright or trademark laws or (ii) by rights of privacy or
publicity, if any unless you own or control the rights thereto
or have received all necessary consents to do the same.
- Use any material or information, including images or photographs,
which is made available through the SendAnonymousSMS Sites/Services
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically
allows such messages.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
- Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any applicable laws or regulations.
- Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of
an SendAnonymousSMS Site/Service(s) or other user or usage
information or any portion thereof.
SendAnonymousSMS has no obligation to monitor the Communication
Services. However, SendAnonymousSMS reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. SendAnonymousSMS reserves the
right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
SendAnonymousSMS reserves the right at all times to disclose
any information as SendAnonymousSMS deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in SendAnonymousSMS's
sole discretion.
SendAnonymousSMS does not control or endorse the content, messages
or information found in any Communication Service and, therefore, SendAnonymousSMS
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation
in any Communication Service.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination,
you are responsible for adhering to such limitations if you
download the materials.
You agree that SendAnonymousSMS may establish limits concerning
use of any SendAnonymousSMS Service offered on an SendAnonymousSMS Web
Site, including without limitation the maximum number of days
that e-mail messages will be retained by any SendAnonymousSMS Service,
the maximum number of e-mail messages that may be sent from
or received by an account on any SendAnonymousSMS Service, the maximum
size of an e-mail message that may be sent from or received
by an account on any SendAnonymousSMS Service, the maximum disk
space that will be allotted on SendAnonymousSMS's servers on your
behalf, and the maximum number of times and duration you may
access any SendAnonymousSMS Service in a given period of time.
You agree that SendAnonymousSMS has no responsibility or liability
for the deletion, corruption or failure to store any messages
or other content maintained or transmitted by any SendAnonymousSMS
Service. You acknowledge that SendAnonymousSMS reserves the right
to log off accounts that are inactive for an extended period
of time without notice.
COMPLAINTS/ABUSE
Abuse of the SendAnonymousMail system can be reported. This system is not for abuse.
MATERIALS PROVIDED TO SendAnonymousSMS OR POSTED AT ANY
SendAnonymousSMS WEB SITE
SendAnonymousSMS does not claim ownership of the materials you provide
to SendAnonymousSMS (including feedback and suggestions) or post,
upload, input or submit to any SendAnonymousSMS Site/Service or
its associated services for review by the general public, or
by the members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission
you are granting SendAnonymousSMS (i) permission to use your Submission
in connection with the operation of Internet businesses (including,
without limitation, all SendAnonymousSMS Site/Services) (ii) the
license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your Submission;
(iii) and the right to sublicense such rights to any supplier
of a SendAnonymousSMS Site/Service.
No compensation will be paid with respect to the use of your
Submission, as provided herein. SendAnonymousSMS is under no obligation
to post or use any Submission you may provide and SendAnonymousSMS
may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
This section is inapplicable to any personally identifiable
information that you provide in connection with your use of
the SendAnonymousSMS Sites/Services. For terms and conditions governing
the use of such information please refer to the Privacy Policy.
CONTENT AVAILABLE THROUGH THE SendAnonymousSMS SITES/SERVICES
All content (if any) that is made available to view and/or
download in connection with the SendAnonymousSMS Sites/Services,
excluding content and/or software that may be made available
by end-users through a Communication Service, is owned by and
is the copyrighted work of SendAnonymousSMS and/or its suppliers
and is protected by copyright laws and international treaty
provisions.
Any reproduction or redistribution of the content is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT AND/OR SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SendAnonymousSMS SITES/SERVICES MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE SendAnonymousSMS SITES/SERVICES AND TO THE INFORMATION
THEREIN. SendAnonymousSMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SendAnonymousSMS SITES/SERVICES
AT ANY TIME. ADVICE RECEIVED VIA THE SendAnonymousSMS SITES/SERVICES
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SendAnonymousSMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED WITHIN THE SendAnonymousSMS SITES/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW. SendAnonymousSMS AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER
TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES,
CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SendAnonymousSMS SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT
OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SendAnonymousSMS
SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SendAnonymousSMS IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SendAnonymousSMS IS
NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN A SendAnonymousSMS SITE/SERVICE BY ANY THIRD PARTY.
TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL SendAnonymousSMS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SendAnonymousSMS SITES/SERVICES,
WITH THE DELAY OR INABILITY TO USE THE SendAnonymousSMS SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SendAnonymousSMS SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE PRANK MAIL SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF SendAnonymousSMS OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SendAnonymousSMS
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST
EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SendAnonymousSMS SITES/SERVICES.
THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES
IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY
IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL
THEORY.
STORAGE SPACE AND OTHER LIMITATIONS.
SendAnonymousSMS MAKES NO WARRANTY THAT ANY SendAnonymousSMS SERVICE
WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
SendAnonymousSMS reserves the right, in its sole discretion, to
terminate your access to any or all SendAnonymousSMS Sites/Services
and the related services or any portion thereof at any time,
without notice.
SendAnonymousSMS shall have no obligation to maintain any content
or to forward any unread or unsent messages to you or any third
party.
GENERAL
This agreement is governed by the laws of Bulgaria. You hereby
irrevocably consent to the exclusive jurisdiction and venue
of the Bulgarian courts. in all disputes arising out of or
relating to the use of the SendAnonymousSMS Sites/Services. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and SendAnonymousSMS as a result
of this agreement or use of the SendAnonymousSMS Sites/Services.
You agree to indemnify and hold SendAnonymousSMS, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable legal fees on a solicitor-client
basis, asserted by any third party due to or arising out of
your use of or conduct on the SendAnonymousSMS Sites/Services. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder
of the agreement shall continue in effect. SendAnonymousSMS will
not be liable to you for any breach of these Terms of Use,
which arise because of any circumstances that SendAnonymousSMS cannot
reasonably be expected to control. Unless otherwise specified
herein, this agreement constitutes the entire agreement between
the user and SendAnonymousSMS with respect to the SendAnonymousSMS Sites/Services.
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