GSHSMS.com SMS Terms of Use


1. ACCEPTANCE OF TERMS AND CONDITIONS

By using the GSHSMS.com SMS service, you agree to be bound by the following Terms and Conditions, which may be updated without any notice. You can review the most current version of the Terms and Conditions at any time at: http://www.GSHSMS.com/terms-of-use.cfm.


2. DESCRIPTION OF SERVICE AND PARTICIPANT REQUIREMENTS


In order to use the GSHSMS.com service, you text a KEYWORD to the GSHSMS.com-managed short code and can then send messages, access information, and receive special offers. The message content that comes back will be a text message. Visit http://www.GSHSMS.com/terms-of-use.cfm for more information.


In order to use the GSHSMS.com service, you must have a wireless device of your own capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.


GSHSMS.com's Participating Wireless Carriers are Alltel, AT&T Mobility, Cincinnati Bell Wireless, Nextel, NTelos, Sprint, T-Mobile, US Cellular, Verizon Wireless, and Virgin Mobile. This list may be changed from time to time, so check the GSHSMS.com website at http://www.GSHSMS.com/terms-of-use.cfm for updates.


3. RECEIVING MESSAGES AND/OR INITIATING A MESSAGE RESPONSE


Anyone can receive mobile messages from a GSHSMS.com-managed shortcode by opting-in to an approved mobile program. GSHSMS.com-managed short codes include, but are not limited to, Long Code.

Opt-In


In order to receive any messages from a GSHSMS.com-managed short code, a User must initiate an opt-in. Opt-ins include:

  1. Sending a text message KEYWORD to a GSHSMS.com-managed short code from your mobile phone;
  2. Signing-up on the GSHSMS.com website; and
  3. Giving permission to opt-in to a GSHSMS.com customer, partner or affiliate.

Charges


You will be charged the standard text messaging fee charged by your wireless carrier for each message you send or receive, in accordance with the terms of your cellular subscription plan. Other carrier-specific rates may apply, depending on your individual wireless pricing plan, in accordance with your wireless customer agreement. You are responsible for all applicable taxes. Consult your wireless service provider regarding their pricing plans. Message and data rates may apply.


Opt-Out/Unsubscribe


Users can Opt-Out or Unsubscribe from the GSHSMS.com service at any time. To Opt-Out, send STOP, UNSUBSCRIBE, EXIT, QUIT, or CANCEL to the GSHSMS.com-managed shortcode from your mobile phone (i.e. STOP to Long Code), or reply STOP to any text message. You can also Opt-Out by sending a message to support@gshsms.com.


Support & Help


GSHSMS.com Support is available online at support@gshsms.com, 24 hours a day, 7 days a week.


4. RESTRICTIONS ON USE OF THE GSHSMS.com SERVICE


You must only use the services -

  • in accordance with these Terms and Conditions;
  • for lawful purposes;
  • in accordance with all applicable local, national and international laws and regulations; and
  • for the purposes for which the GSHSMS.com services are designed.


When you use the GSHSMS.com services, you must not -

  • do anything which violates any of these Terms and Conditions;
  • send junk text (SMS) messages, spam or any unsolicited messages (commercial or otherwise) - for more information, please see GSHSMS.com's Anti-Spam policy at http://www.GSHSMS.com/anti-spam-policy.cfm ;
  • make any misrepresentation including (without limitation)
    • deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
    • impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;
    • change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and
    • forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
  • transmit anything (including, without limitation, words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
  • commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
  • violate or infringe any intellectual property rights;


do anything which does or may -

  • damage, impair, overburden or disable any system of any person (including us) using our services;
  • interfere with another user's use and enjoyment of the service or of similar services;
  • interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or
  • compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
  • transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
  • harvest or collect information about others, including email addresses, without their consent for any reason;
  • reproduce, replicate, copy, sell or re-sell any of the GSHSMS.com services or any part thereof;
  • repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
  • transmit content that you do not own or do not have the right to publish or distribute;
  • access any GSHSMS.com service or any similar service of any third party or any network without authorization or through hacking, password mining or any other means;
  • perform any illegal activities including, without limitation, promoting or facilitating access to, use of or sale of illegal substances or devices;
  • help any third party to do any of the above.


You must tell us immediately if there is any unauthorized use of your account or any other breach of security.


5. ADDITIONAL TERMS FOR GSHSMS.com SERVICE


Message Delivery


Messages are deemed to have been delivered when GSHSMS.com has delivered or sent the messages to the immediate destination that our software is programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.


Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

Messages and Other Limitations


GSHSMS.com is not responsible for the deletion or failure to store information.


Although GSHSMS.com always uses its best efforts to deliver messages quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".


Unless agreed otherwise in writing between you and GSHSMS.com, GSHSMS.com reserves the right to change your short code at any time with thirty (30) days written notice.


Support Services


GSHSMS.com support is available online at support@gshsms.com, 24 hours a day, 7 days a week.


Term and Termination


The term of this Agreement begins on the date we activate service. This Agreement will continue from month-to-month until terminated by either party upon 30 days notice. CANCELLATION POLICY: (Click Here)


MONEY-BACK GUARANTEE. Money-Back Guarantee provided up to 30 days for service fees. Please note any credits/messages used prior to canceling service and setup/activation fees are not refundable.


CHARGES. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You understand all charges are in US dollars. You are responsible for paying all charges to your account for service, including but not limited to, monthly service fees, per-message fees, keyword fees, optional fees, and for all taxes and surcharges imposed on you or us as a result of your use of the service. Each service plan has a flat monthly fee. Message fees will vary according to your service plan.


BILLING AND PAYMENT. Any applicable initiation charges and monthly recurring are billed in advance. Additional message charges are billed in advance and/or arrears. Payment of all charges is due thirty days from the date of the invoice. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and pro-rations. For credit card payments, no additional notice or consent will be required for billings to that credit card or account. You will advise us of any changes to your credit card account, such as account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. We may assess an additional fee of fifty dollars ($50) or the maximum allowed in your state for any check returned for nonpayment. Notice of any disputes must be in writing and received by us at our address within thirty days after the invoice date or you will waive any objection. We are not responsible for typographical errors including errors in invoicing or the issuance of invoices.


GSHSMS.com may determine whether or not your conduct complies with this agreement and may end the service at any time if your conduct does not comply with the agreement.


The termination of GSHSMS.com service shall not limit either GSHSMS.com or you from pursuing any other available remedies, consistent with these Terms and Conditions, including injunctive relief. Termination will not relieve your obligation to pay all fees that accrued prior to such termination.


EMERGENCIES. IN THE EVENT OF AN EMERGENCY, DIAL “911” FROM YOUR TELEPHONE.


6. PRIVACY


GSHSMS.com does not monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law. GSHSMS.com will protect your privacy on systems and websites that we control to the extent possible. For more information, please see our Privacy Policy at http://www.GSHSMS.com/privacy-policy.cfm .


7. INDEMNITY


You agree to indemnify and hold GSHSMS.com, and any GSHSMS.com subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GSHSMS.com service, your connection to the service, your violation of these Terms and Conditions, or your violation of any rights of another.


8. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE GSHSMS.com SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GSHSMS.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


GSHSMS.com MAKES NO WARRANTY THAT (i) ITS SERVICE WILL MEET YOUR REQUIREMENTS, (ii)THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GSHSMS.com SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY SOFTWARE ERRORS WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GSHSMS.com SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GSHSMS.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.


9. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT GSHSMS.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GSHSMS.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


10. FORCE MAJEURE


Neither GSHSMS.com nor you shall be deemed in default of this Agreement to the extent that performance of any respective obligations or attempts to cure any breach are delayed or prevented by reason of any fire, flood, explosion, war, strikes, threatened strikes, stoppage of work, slowdowns, picketing, boycotts, embargoes, requirements imposed by governmental regulations, civil or military authorities, acts of God, or other causes that are reasonably beyond the control of GSHSMS.com or you.


11. EXCLUSIONS AND LIMITATIONS


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.


12. NO THIRD PARTY BENEFICIARIES


You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to this Agreement.


13. NO AGENCY


No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions. You do not have authority to bind GSHSMS.com in any respect whatsoever.


14. PUBLICITY


By using the GSHSMS.com service, you authorize GSHSMS.com to use your name and/or logo within a publicly viewable list of customers or in press releases relating to GSHSMS.com or its services.


15. CHOICE OF LAW


These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Iowa, notwithstanding applicable rules regarding conflicts of laws. You agree that any action or proceeding to enforce or defend rights and obligations under these Terms and Conditions will be brought in the courts of the State of Iowa.


GSHSMS.com © Copyright 2012 All Content is Copyright, Trademark and/or Reserved.