Service(s) and Product(s):
The free or payable means of sending SMS via www.my-cool-sms.com - The Service consists of a browser interface, data transmission, data access (as available) and, if applicable, data storage.
My-Cool-Webservices ltd., Suite #2, Sound & Vision House, Victoria, Mahe, Seychelles
Internet Service Provider:
"Internet Service Provider" or "ISP" is any entity which allows access to the internet or worldwide web.
Agreement or Terms of Service:
The "Agreement" or the "Service Agreement" refers to the within electronic document which sets forth the rights of the parties in their entirety.
You and Yours:
"You" and "yours" means each user or customer accessing the Service by means of a valid account established by you or using the free service. If you are entering into this agreement on behalf of your entity, the term you in this agreement means your entity and all of its directors, officers, managers, shareholders, employees, agents, members, or other personnel.
Our or We:
"Unlawful activities" includes, but is not limited to, making direct or indirect threats of physical harm, engaging in any conspiracy of any type, violation of any law or ordinance, violation of any international treaty, storing, distributing or transmitting any unlawful material, or attempting to compromise the security of any networked account or site, or attempting to abuse this service by any means.
1. Individual Usage
You may use this service as an individual or as a business entity, corporation, partnership, limited liability corporation, etc. If you are using the service as an individual, you represent that you are over the age of 18 or have parental consent to sign this agreement, when you agree with the statement on our web site registration form: "I agree to the Terms of Service."
2. Usage As A Business or Other Entity
If you are using the service for your business or other entity, you represent that you have the authority to enter into this agreement on behalf of your business or other entity. Upon entering into this agreement you give permission that My-Cool-SMS may mention the company you represent in their product. You can withdrway the permission via e-mail at any time.
3. Binding Terms of Service
Whether you agree individually or on behalf of an entity, you agree to all the terms of this service agreement. This is a binding agreement enforcable by My-Cool-Webservices Ltd. against you, should you breach it.
4. Non-agreement to these Terms of Service
5. General Use of Service
If the laws of the country you reside in prohibit you from using this service don't use it.
Specific Terms and Conditions
1. What we expect from you:
You understand and agree that you are responsible for obtaining and maintaining all computer software, hardware and communications and other equipment required to use the Service.
You understand and agree that you are responsible for paying all third-party access charges such as ISP or telecommunications incurred.
You are responsible for the privacy and storage of the username and password.
You understand and agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the My-Cool-SMS software.
You understand and agree that you will not modify, translate, or create derivative works based on the My-Cool-SMS software and service.
You understand and agree that you will not rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the My-Cool-SMS software and service.
You understand that unlawful use of the SMS service is strictly prohibited. Messages containing any sexual, racist or discriminatory content and any such usage of them maybe considered as harassment to an individual or an organisation.
You understand and agree that the the My-Cool-SMS software is proprietary. You agree not to publish or disclose to third parties any evaluation of My-Cool-SMS software without My-Cool-SMS' prior written consent.
You shall not send SMS traffic to randomly generated or pre-chosen numbers (spamming) for the purpose of conducting direct-marketing. In particular you shall not send mobile end users SMS's inviting them to call back charged at premium rates or send an SMS charged at premium rates.
You acknowledge the right for My-Cool-SMS to suspend or limit your access to it's services should you be in breach of this agreement. You shall indemnify and reimburse My-Cool-SMS all liabilities, costs, losses and damages, in case of any claim brought against My-Cool-SMS from any third party due to breach of contract.
You will not use the Software and the Service for chain letters, junk mail, advertising, spamming in any form, market research, surveys of any type, or distribution lists to contact any person or entity or allow any third party to use the Service.
You agree not to transmit or permit anyone to transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind.
You will only use the Software and the Service for lawful purposes, and in compliance with all applicable laws including, without limitation, copyright, trademark, patent, intellectual property, obscenity and defamation laws, whether statutory or common-law in nature.
You will not use the Software and the Service for any unlawful activities.
You agree to defend, indemnify and hold My-Cool-SMS harmless against any claim or action that arises from your use of the Software and the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies of this agreement.
You will not use the Software and the Service to compete against My-Cool-SMS.
You have additional responsibilities set forth elsewhere in this agreement.
You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights recognized in any national legislation applicable to our business and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).
You are entirely responsible for any and all activities that occur under your account. You shall insure that you exit from your account at the end of each session.
You shall notify My-Cool-SMS immediately of any unauthorized use of your account.
You may not allow any third party, related or unrelated, to use your account.
2. What you can and can not expect from us:
We offer you a service that sends messages to mobile phones (SMS). The utilisation of this service is subject to these Terms of Service.
We grant you an individual, personal, non-sub licensable, non-exclusive and non-transferable license or right to use our service pursuant to the terms and conditions set forth in this agreement and as they may be modified on our web site.
While we make every effort to deliver messages promptly we accept no liability for transmission delays or message failures. Delivery of every single message cannot be guaranteed.
We will inform you via our web site only of any significant changes to the service or this agreement occur. We do our best to guarantee the continuous availability of this service. However we reserve the right to cancel the service at any time (Let's hope this never happens).
My-Cool-SMS delivers SMS messages via allocators, major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn't have a full memory and is located in an area covered by it's subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible in some circumstances to transmit the SMS message to the recipient successfully.
We debit transmitted SMS messages according to our transmission logs.
The prices offered by My-Cool-SMS for every SMS can be adjusted at any time.
The target country list that you can send SMS to can be adjusted at any time.
The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in a period of twelve months from the date of the purchase.
3. Warranty and Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MY-COOL-WEBSERVICES, LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF YOU ARE ACCEPTING THIS AGREEMENT UNDER THE LAWS OF ONE OF THESE STATES, YOU MAY NOT USE OUR SERVICE.
MY-COOL-WEBSERVICES, LTD. DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS.
4. Limitation of Liability
MY-COOL-WEBSERVICES, LTD.'S LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU IN THE TWO (2) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY.
MY-COOL-WEBSERVICES, LTD. SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THE COST OF ANY SUBSTITUTE PROCUREMENT), FORESEEABLE OR NOT AND EVEN IF MY-COOL-WEBSERVICES, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.
My-Cool-SMS or its designee, shall provide e-mail support to paid service customers. It has no obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or other support unless there is a separate written contract to that effect.
5. Provision of Contact and Billing Information and Payment of Fees
My-Cool-SMS uses the billing services of a third-party. Your failure to pay a bill may be considered a breach of this agreement, and My-Cool-SMS may terminate service as a result of your breach.
This Service Agreement is a monthly agreement, automatically renewable unless either party requests change or termination.
Either party may terminate this Service Agreement by notifying the other party in writing at least thirty (30) days before the termination date.
My-Cool-SMS, in its sole discretion, may terminate your use of the Service if you fail to comply with this Agreement.
You will pay in full for the Service up to and including the last day of the current billing cycle. To cancel the Service or change the type of service, you must contact us in writing. All such requests received prior to ten (10) days of the end of the customer billing cycle will incur no additional charges. Requests for cancelled or changed service received within ten (10) days of the end of the customer billing cycle may incur one additional month of charges.
My-Cool-SMS will remove the data of an account after termination. My-Cool-SMS may, but is not obligated to, delete archived data. We reserve the right to cease offering the service to no-charge users at any time.
Upon expiration or termination, you will immediately cease all use of the service, including the My-Cool-SMS software and any documentation. Termination is not an exclusive remedy. All other remedies will be available. Your payment obligation will survive termination.
If you are dissatisfied with the Service or with any of our terms and conditions, your sole and exclusive remedy is to discontinue the Service. There will be no refunds of any fees paid.
7. Third Party Links.
My-Cool-SMS may provide links to other internet sites or resources. We have no control over such sites and resources. You therefore agree that My-Cool-SMS is not responsible for the availability and content of other internet sites or resources.
You agree further that My-Cool-SMS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You agree that My-Cool-SMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Non-Waiver of Additional Rights
This Agreement is between My-Cool-SMS and you. It is not for the benefit of any third party, whether directly or indirectly (including any user accessing the Service by means of an account established by you). The failure of either party to exercise any right provided will not be deemed a waiver of any further rights.
10. Effect of Invalidity of a Provision of This Agreement
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
11. Non-Assignability of This Agreement
This Agreement is not assignable, transferable or sub-licensable by you except with My-Cool-SMS' prior written consent.
12. Applicable Law
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SEYCHELLES WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND MY-COOL-WEBSERVICES LTD. AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF SEYCHELLES.
13. One Year to Bring a Claim
You agree that any cause of action or claim arising out of or related to this Service and this Agreement must be filed with a court or other governmental agency having jurisdiction within one six months after the cause of action or claim arose. Otherwise, the cause of action or claim is barred.
14. Sole Agreement of the Parties
This Agreement is the complete and exclusive statement of the mutual understandings of the parties. It supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in writing signed by both parties, except as otherwise provided herein. There are no oral agreements or side agreements of any type.
15. Agreement in English
This Agreement and all related documents have been prepared in English with the consent of the parties.
19. Electronic Nature of This Agreement
The parties acknowledge that they have met over the internet, that they have not met in person and have not had any direct telephonic contact, that this agreement has been provided by My-Cool-SMS to the customer over the internet and through the SMS web site, that this agreement has been executed electronically, that there is no hard or paper copy of this agreement, that the parties consent to the manner and circumstances of the making of this agreement, and that said agreement is to have the full force and effect of any agreement prepared in writing.