This agreement ("Agreement") is between aFreeSMS.com ("we" or "aFreeSMS") and you ("user" or "Sender") of aFreeSMS.com Services (Service).
These terms apply to your use of aFreeSMS.com website and the services available from it.
Through aFreeSMS.com website, aFreeSMS.com makes available to you a range of capabilities together with access to aFreeSMS.com (collectively, the "Services") which are subject to these terms. By using the Service, you acknowledge that you have read and understood, and you agree, to the terms and you are responsible for compliance with any applicable local laws and become bound by its terms and you represent that you are over the age of 18 or have parental consent to when you start using the Service.
Use of the Services
You must not use the Services or allow the Services to be used:
- in any way which is unlawful or in contravention of any license, third party rights, or in contravention of our Acceptable Use Policy and may be amended from time to time;
- to send offensive, indecent, menacing, nuisance or hoax messages or to cause annoyance, inconvenience or needless anxiety;
- to send, knowingly receive, upload, download, or use any material which is offensive, abusive, incident, defamatory, obscene or menacing; or
- in any way which we reasonably think is, or is likely to be, detrimental to the provision of the Services to you or any of our users.
- to send SMS for fraudulent or illegal purposes.
We take any misuse described above very seriously, and you agree to take all reasonable steps to make sure that it does not happen.
Other things we may need to do
Occasionally, for operational reasons we may have to:
Our responsibility to you
- interrupt access to the Services and if we do so, we will restore them as quickly as we can;
- make changes to certain technical specifications, including usage limits associated with the Services;
- add items to and remove items from the Services that you can access through aFreeSMS.com website; and
- occasionally give you instructions which we may believe are necessary to safeguard the security or quality of the Services.
We cannot guarantee that aFreeSMS.com and the Services will always be available or that the Services will never be faulty.
You acknowledge that the Services are in development and so to the maximum extent permitted by applicable law in no event will aFreeSms (aFreeSMS.com) be liable for any loss or damage whatsoever whether direct, indirect or consequential (including, without limitation, damages for loss of data, loss of revenue or anticipated profits, business interruption, loss of business, loss of business information, loss of opportunity or any other pecuniary loss) arising out of the use, or inability to use the Services, even if aFreeSms (aFreeSMS.com) has been advised of the possibility of such losses or damages.
Matters beyond our reasonable control
Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility for what has happened.
Ending or suspending the aFreeSMS.com and/or Services
We may suspend or end the availability of the Services, or remove the aFreeSMS.com website at any time without notice. We do not warrant that any reinstatement will occur. We reserve the right to terminate your use of the services at any time.
Modifications to this Agreement
aFreeSMS.com reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service.
Other things we need to tell you
You accept that the agreement for the Services is personal to you.
We are not responsible for any links to third party websites (or the content of those websites) which may be available from aFreeSMS.com website from time to time.
You will indemnify us in full from and against all claims, actions, damages, proceedings, demands, losses, and reasonable costs and expenses incurred by us arising out of your use of any of the Services in breach of this agreement.
(Terms of Service is effective from Tuesday, January 30, 2013)