Sign-Up and Usage of Textnation.com/Monkeymaximus.com Implies Consent to the Following Terms and Conditions.
1. Service Usage Requirements
All users certify that he/she is at least 18 years of age. A minor’s parent or legal guardian may authorize a minor’s use under adult supervision and with assumption of all liabilities.
2. Ownership of Account and Security
Users are responsible for maintaining the security of their account, and is solely responsible for all activities that occur in regards to that account. User agrees to notify Monkeymaximus.com of any unauthorized use of the account as well as any other security breaches. Monkeymaximus.com cannot and will not be liable for any loss or damage from user negligence. User acknowledge and agree that under no circumstances will Monkeymaximus.com be liable in any way for any acts or damages of any kind incurred as a result of users not following security procedure.
3. Description of Service
The monkeymaximus.com service is a service for wireless messaging from the Internet to cellular phones. Monkeymaximus.com enables persons or commercial entities to transmit wireless text messages from the Internet to the cell phone of the subscriber. Also Monkeymaximus.com offers text messaging to non-members from registered members. Lastly monkeymaximus.com offers to premium members the ability to receive text message replies through the members login.
There is no fee for basic services. For premium services Monkeymaximus.com must charge due to the charges that is incurred. Premium services allow for receiving of text messages to the users designated reply address (firstname.lastname@example.org). We wished to make this free but there was basically no response to donations, so we are left with no other alternative then to charge for extended service. We use Paypal to accept credit cards through the site. There is a charge that is either one time or yearly according to the Users choice. After paying through Paypal there is up to 48 hour account setup period. Usually this is only several hours. This time allows for the credit card to be validated as well as the account setup process to complete. Upon completion an e-mail will be sent to the user. All currency shall be calculated in U.S. dollars. Payment for Monkeymaximus.com is completely non-refundable. Monkeymaximus.com accepts no liability for information that is deleted due to invalid payment. Monkeymaximus.com reserves the right at any time, for any reason whatsoever, to terminate Monkeymaximus.com, or portions of Monkeymaximus.com. In such event, Monkeymaximus.com may decide, in its sole discretion, to end service to User. Monkeymaximus.com will of course try to its complete ability to carry out completely the year paid for, and if not compensate the users accordingly. Users who break the TOS are subject to a fine of up to $500.00.
5. Intellectual Rights
Materials, accessible to you through MaximusNetworks (and its sites) services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, you must not use MaximusNetworks services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through MaximusNetworks.
6. Reservation of Rights
Monkeymaximus.com expressly reserves the right to immediately modify, suspend, or terminate Users account and refuse current and/or future use of any of services, if monkeymaximus.com, in its sole discretion, believes the user has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistent with the spirit of the Terms and Conditions.
7. Acceptable Use
Users can use the service for legit personal use, but shall not use the service to conduct any business, or solicit the performance of any activity, which is prohibited by or would violate any applicable law or legal obligation, or for purposes that may create civil or criminal liability, including but not limited to: (a) uses which are defamatory, deceptive, obscene, or otherwise inappropriate; (b) uses that violate or infringe upon the rights of any other person, such as unauthorized distribution of copyrighted material; (c) "spamming," see section 3; (d) threats to or harassment of another; (f) violating U.S. export regulations by mailing abroad restricted data or software. If user violates these rules or learns of other unlawful or harmful use of the service by the user, Monkeymaximus.com may take any action deemed appropriate to prevent this activity from occurring again, including notifying the authorities and suing for damages. After flagrant violation of these terms you have forfeit all rights including those of privacy, so that proper action may be taken against you.
User agrees to comply with all U.S. export control laws and their implementing regulations.
User agrees to avoid using the Service knowingly (i) in a manner which significantly and adversely affects the performance or availability to others of the services, or (ii) in a manner that interferes in any way with monkeymaximus.com computers or network security, or (iii) to attempt to gain unauthorized access to any unrelated person’s computer system.
User shall immediately notify of any security breach in, or unauthorized use of, user’s account.
8. Equipment and Access
Users understand that it is their sole responsibility to:
a. Provide all equipment (modem/computer) necessary to set up the connection to the World Wide Web.
b. Provide for own access to the World Wide Web
c. Pay all related telephone service fees in respect with such access
d. Pay all Internet service provider’s charges in respect with such access.
e. Pay all charges from the cell phone carrier regarding text messages. Carriers DO charge to send and receive text messages as illustrated in the FAQ.
9. Amendments and Modification to the Terms and Conditions
Monkeymaximus.com reserves the right to modify this Agreement, including changing or adding any fees or surcharges, at ANY time. Any modification is effective immediately when is posted on the monkeymaximus.com web site. If any modification to the Agreement is unacceptable to the User, the User is entitled to immediately terminate this Agreement. USER’S CONTINUED USE OF THE SERVICE FOLLOWING MODIFICATION TO THE AGREEMENT SHALL BE CONCLUSIVELY DEEMED ITS ACCEPTANCE OF THE MODIFICATION.
11. Limited Warranty
USER AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. NEITHER Monkeymaximus.com NOR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY PROVIDERS OR OTHERS, WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE", BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Monkeymaximus.com, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY.
12. Limited Liability
USER AGREES THAT Monkeymaximus.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE.
USER FURTHER AGREES THAT Monkeymaximus.com SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE OR LOSS OF INFORMATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
IF THE USER IS DISSATISFIED WITH THE Monkeymaximus.com SERVICE OR WITH THE MATERIALS AVAILABLE ON OR THROUGH THE Monkeymaximus.com SERVICE OR WITH ANY OF Monkeymaximus.com SERVICE TERMS, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Monkeymaximus.com SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CALIFORNIA LAW, Monkeymaximus.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION AND FITNESS FOR A PARTICULAR PURPOSE.
13. Indeminification and Damage Recovery
USER AGREES TO INDEMNIFY AND HOLD Monkeymaximus.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S USE OF THE SERVICE, USER’S CONNECTION TO THE SERVICE, THE VIOLATION OF THIS SERVICE TERMS BY USER, OR THE UNAUTHORISED USE BY THE USER OF ANOTHER USER’S OR THIRD PARTIES’ PASSWORD, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE SERVICE USING USER’S COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Spamming is prohibited. Spamming includes the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process.
User acknowledges that all correspondence to message recipients on the Service, including the reciept of payment for messages or other goods and services, and any other terms, conditions, warranties or representations associated with such are solely between the corresponding User and the message recipient. Monkeymaximus.com disclaims all liabilities, obligations or responsibilities for any part of any such correspondence, promotion or reciept of payment.
The TERMS OF SERVICE shall held in any and all court of laws.