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TERMS AND CONDITIONS OF USE
Welcome to the network of websites owned, operated and served by SMS Telecom, LLC. (“SMS Telecom”, or “us”). These terms and conditions of use (“Terms”) rule the use of any site served by SMS Telecom or any service depicted in them (“Service” or “Services”) that include a link to these Terms.
Please, read these Terms carefully before using any Service. The mere fact of using one of our Services implies the acceptance of these Terms.
These Terms may be changed or modified by SMS Telecom at any time without any previous notice, so please review them from time to time. The latest version of these Terms is linked from all of our Services. If you continue using any service after the Terms have been updated, it’s understood that the new version with all of its changes has been accepted.
Additional terms and conditions may apply to the use of any of these Services. SMS Telecom will facilitate these Terms when using the Service in which they might be applied. In case of any conflict between these Terms and those specific to a particular Service, the latter shall prevail.
Sweepstakes, contests and promotions on the Services may also have their own rules and requirements for participating (being certain age, geographic restrictions…). In this case you will be responsible for compliance with these rules and requirements.
3. Intellectual Property. Licenses
The content, information, data, designs and materials associated with this Website and its Services (“Content”) are protected by intellectual property laws. You are required to comply with all the laws and respect the rights of copyright, trademark or other legal notices and restrictions.
Subject to these Terms, you may access and use the Services for your personal and noncommercial use. SMS Telecom has all the rights reserved over the Services and Contents and you are not allowed under any circumstances to copy, reproduce, distribute, publish, display, modify or create derivative works of the Services or Content without our permission. Also, you cannot transfer or sublicense this limited use of the Services or resell their rights.
4. Complaints about Services and Content
SMS Telecom respects the intellectual property rights. If you believe that any Content or Service infringes your copyright, please contact us at firstname.lastname@example.org. Your notification must include (i) a physical or electronic signature of a person authorized to represent the owner of the copyright allegedly infringed, (ii) the identification of the material whose copyright could have been violated, (iii) enough information to let us find the referring material, (iv) a statement in which the complaining party manifest its good faith belief that the referring material of the claim is not authorized by the owner of the copyright, its agent or the law and (v) a statement stating that the information included in the notification is accurate, and under penalty of perjury, that the claiming party is authorized to act in the name of the owner of an exclusive right that is allegedly infringed.
5. Third party content
6. Payment Services
The Services offered by SMS Telecom may imply a payment. In this case, the website where the Service is provided or its installers communicate the price and the payment system established for that Service. In case of third party software, the amounts requested are primarily headed to cover the cost of virus scans and daily reviews of the portal, as well as checking the availability of any update, unless otherwise indicated.
The Services whose billing is done through any mobile phone system or traditional telephony are only offered to users over 18 years or of legal age according to their country of residence. The phone provider might charge additional costs for this communication, including those associated with Short Message Services (SMS). By using the Service you agree with these amounts to be charged by your phone provider, which will be included in your bill or, if any, deducted of the balance of your pre-payment system.
Furthermore, in cases of Internet access through this kind of devices, either through the phone itself or through modem/router devices, the phone provider may charge additional costs or fees for data transmission. These amounts are not charged by us, so you should contact your provider before accepting the Service to determinate if any additional costs may apply.
To cancel any Service involving some sort of subscription, you must follow the instructions included in the specific Terms and Conditions of that Service. Otherwise, you may continue to incur in subscription fees.
In some Services a request for your permission will be held to change the homepage and the search engine of the browser of your PC. SMS Telecom won’t make any change if the user has not accepted it previously. This change is also reversible.
In case you want to change the homepage and/or the search engine you must follow the instructions provided by your browser, because the procedure varies depending on the software provider and its version. Anyway, if your current homepage has been set up by SMS Telecom and you don’t find the way to change it, send an e-mail to email@example.com indicating the address (URL) of the homepage as well as the brand and the version of your browser (e.g., Microsoft Explorer 9) and we will guide you.
8. Legal Notice, Disclaimer
SMS TELECOM DOESN’T GUARANTEE: (1) THAT THE SERVICES, SOME OF ITS FUNCTIONS OR SOME CONTENT OR SOFTWARE CONTAINED IN THEM ARE ERROR-FREE OR COULD EVEN STOP WORKING; (2) THAT THESE FAULTS WOULD BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS WHERE THEY ARE STORED ARE FREE FROM MALWARE OR ANY KIND OF MALICIOUS CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES REMAIN AVAILABLE. SMS TELECOM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCIONS OF THE SOFTWARE OR SERVICES MADE AVAILABLE OR ACCESSIBLE OR SEND THROUGH THE SERVICES, WHICH ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
SMS TELECOM WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, PRESENT OR FUTURE DAMAGES, RELATED TO THE SERVICES EVEN BEING PREDICTABLE AND ALTOUGH SMS TELECOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED IN WHOLE OR IN PART BY NEGLIGENCE OR GROSS NEGLIGENCE, BUT WITHOUT WILLFUL MISCONDUCT, UNLESS OTHERWISE SPECIFIED IN BLACK AND WHITE. THE LIABILITY OF SMS TELECOM REGARDING THE SERVICES IN THE EVENT THEY WERE CONSIDERED MALICIOUS SHALL NOT EXCEED THE AMOUNT PAID BY THE USER ON THE LAST THREE MONTHS PRECEDING THE CLAIM.
THE ACCESS AND USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY PART OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THEM.
BY ACCEPTING THESE TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU MIGHT BE GIVING UP RIGHTS REGARDING CLAIMS THAT NOW ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE ANY BENEFIT OF ANY LEGISLATION THAT IN ANY WAY COULD LIMIT YOUR RIGHT TO WAIVE SUCH CLAIMS.
These Terms and all the claims originated or related to the use of the Services or Contents shall be governed by and construed in accordance with the laws of the State of Delaware. Regarding any claim or dispute, you agree as the sole and exclusive jurisdiction the state and federal courts of that State.
Any dispute or claim regarding these Terms or motivated by the use of any of these Services must be filed within one year after it originated, although any statute or law claim otherwise. In another way, it will be understood that you have waived the claim or any other action.
These Terms, including all terms, conditions and policies of the Services, constitute the entire agreement between you and SMS Telecom and void all the previous agreements between you and SMS Telecom regarding the subject referred. If any part of these Terms is held invalid or unenforceable under the applicable law, such provision shall be severed and the remaining Terms shall remain valid and enforceable.
Notice for P2P software users
SMS Telecom may offer in some of its Services the download of applications which use P2P technology (peer to peer). Responsibility for downloading and using this kind of software will always be of the user. The users of this kind of applications must consider the following:
Responsibility for copyright infringement. P2P technology allows the sharing of all kind of data. Some of this data could be copyright protected, which means that the user usually requires the permission of the owner of the intellectual property rights (IPR) BEFORE sharing that content with other users of P2P software. Music, films, games and software usually are copyright protected.
Violating IPR or copyright laws may involve substantial damages, fines or criminal penalties. Some copyright owners have urged civil lawsuits against individuals for the distribution of a large quantity of musical works protected by copyright.
Security of your data. P2P programs allow their users to share data with other users all around the world. This means that every user is allowed to see the content of third-parties “shared folders”. If you put personal info into the shared folder anyone will be able to access to it. Other users may use that information to commit impersonation crimes or simply use it to embarrass you. Please, pay attention to the files you store on your “shared folder”. Do not include information in that folder that you would not share with strangers. Particularly, do not place there info about taxes, bank correspondence, medical records or any other critical data.
Inadvertent exposure to pornography. P2P programs can grant access to users, even children, to pornography. Some files containing pornography may be deliberately mislabeled to attract young or unsuspecting users. Distributing pornography can be a felony: users who share pornographic material, especially child pornography, could be exposed to criminal prosecution.
Spyware and virus. Some files downloaded from the Internet using P2P applications may content malicious software such as trojans, worms, viruses or spyware that can potentially damage your computer or spy your Internet activity or even control your PC. These files are usually mislabeled to hide their true purposes and could not be detected by average users.
For further information, SMS Telecom encourages users to regularly visit the Federal Trade Commission website at www.ftc.govIinfosecurity.