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SMS TEXT SERVICES | END USER
FastCoups.com DOTNET (368638)
Terms of Service
Last modified: DECEMBER 15, 2009
This TERMS OF SERVICE AGREEMENT ("TOS") is a legal agreement between you, an individual or an
individual acting on behalf of your business or employer, a corporation, partnership, or other
legal entity, and FastCoups.com. Before you use this site, please read this TOS carefully as they
govern your use of the Service provided at this website. By using the Service you are indicating
your acceptance of and agreement to be bound by all of the terms of the TOS. FastCoups.commay
modify or revise this TOS from time to time without notice to you. Although FastCoups.commay
attempt to notify you when major changes are made to this TOS, you should visit this page
periodically to review the TOS. Any modification and/or revision of the TOS will be effective when
posted on this page. By continuing to use the Service after such modifications and/or revisions are
posted, you agree to be bound by such modifications and revisions. If you do not agree with all of
the terms of the TOS, then you may not use this service.
1. DESCRIPTION OF SERVICE
The Service provides you the right to use a proprietary web-based software that enables you to
create, edit, and send conforming text-based messages to individuals who voluntarily join your
mobile list by subscribing from their cell phones using the authorized DOTCOM (368266), DOTNET
(368638), and DOTORG (368674) short codes. You also understand and agree that the software itself
is the core of the Service, and that the DOTCOM, DOTNET, and DOTORG short codes used by the
software are not an integral part of the Service, and that these short codes are provided by
third-party short code providers, and that the performance, availability, and charges associated
with these short codes are subject to change at any time by the short code providers, and are not
guaranteed by this Service. The use of these short codes are being made available to you on an
"AS-IS" basis and based exclusively on current conditions whereby the providers of the DOTCOM,
DOTNET, and DOTORG short codes are offering the use of these short codes free of charge. You also
understand and agree that changes in the performance, availability, and pricing for the use of
these short codes are beyond the control of FastCoups.com and may change at any time. You
understand and agree that FastCoups.com may determine, in its sole discretion, to limit, change, or
otherwise modify the use of the Service, including placing advertising riders with delivered
messages, changes in the maximum disk space that will be allotted on servers used on your behalf,
and the maximum number of times and the maximum duration for which you may access the Service in a
given period of time. You acknowledge and agree that these changes may take place and that
FastCoups.com shall have no liability stemming from such changes. Any additions or modifications to
the Service shall be at the sole discretion of FastCoups.com and will be subject to this TOS. You
are solely responsible for any fees, charges and expenses incurred by you in accessing and using
the Service - including, but not limited to, standard text messaging charges that will depend on
the plan that you have with your wireless carrier. FastCoups.com uses reasonable efforts to ensure
that the Service is available on a 24/7 basis. However, there will be occasions when the Service
will be interrupted for maintenance, repairs, upgrades, failure of telecommunications links and
equipment, and emergencies that are beyond the control of SINTEC CORPORATION. By using the Service
you agree that FastCoups.com shall not be liable to you for any modification, suspension or
discontinuance of the Service.
2. USING THE SERVICE
The use of this Service requires successful login to an Account that is licensed to and issued
by FastCoups.com and must be duly registered to the individual accessing the Service. Your password
and account designation will be active upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account designation and are
fully responsible for all activities that occur under your password or account designation. You
represent that you are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable jurisdiction. You also
agree to provide true, accurate, current, and complete information about yourself, as well as
maintain and promptly update any registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or SINTEC
CORPORATION has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, FastCoups.com has the right to suspend or terminate your account and refuse
any and all current or future use of the Service or any portion thereof. The Service is not
designed for or directed to children under the age of 13. Children under the age of 13 may not use
the Service. Any use of the Service in violation of or not in strict compliance with this TOS shall
constitute grounds for the automatic termination of Service, and shall equally constitute a bar to
your access and use of this and other websites associated with the Service. Upon such termination,
you shall destroy any and all materials, computer files, and documentations of the Service in your
possession and immediately cease marketing, promoting, distributing, using, or offering for use the
Service in any manner that may cause the further use of the Service.
3. FEES FOR USING THE SERVICE
Any monetary consideration you paid to be able to use this Service pays exclusively and
specifically for your right to use the web-based software which enables you to create, edit, and
send conforming text-based messages that can be subscribed from and delivered to cell phones using
the authorized DOTCOM (368266), DOTNET (368638), and DOTORG (368674) short codes. Any monetary
consideration you paid does not give you ownership of any code, aspect, part, or component of the
software, and does not pay for the use of the short codes or any related telecommunications
services. You do not own any part of the software that is used in any part of the Service. No
refunds shall be given for discontinued use, unused software licenses, prepaid services, or any
shipping and handling fee.
4. YOUR PROPER USE OF THE SERVICE
You understand that any and all "Content" (information, data, text, messages, or other
materials), whether publicly posted or privately transmitted, are the sole responsibility of the
person from which such content originated. This means that you, and not FastCoups.com, are entirely
responsible for all content that you upload, post, email, transmit, or otherwise make available via
the Service. Likewise, FastCoups.com does not control the content posted via the Service and, as
such, does not guarantee the accuracy, integrity, or quality of such content. You understand that
by using the Service, you may be exposed to content that is offensive, indecent, or objectionable.
Under no circumstances will FastCoups.com be liable in any way for any content, including, but not
limited to, for any errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made
available via the Service. You agree not to use the Service to upload, post, text message, email,
transmit, or otherwise make available any adult content, or any content that may impersonate any
person or entity, as well as infringe any patent, trademark, trade secret, copyright, or other
proprietary rights. You agree not to use the Service to upload, post, text message, email,
transmit, or otherwise make available any content that is considered unacceptable by the TOS
governing the use of the DOTCOM, DOTNET, and DOTORG short codes. You agree not to use the Service
to upload, post, text message, email, transmit, or otherwise make available any content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise
objectionable.
5. TRADEMARKS, COPYRIGHT, AND PROPRIETARY RIGHTS
FastCoups.com does not claim ownership of any Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available for inclusion on the
Service, you claim that you have the right to use such Content and grant to FastCoups.coma
perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way
such Content, including all related intellectual property rights, to provide the Service. The
Service and any website associated with this Service, along with any and all of its aspects, parts
or components, or any combination or permutation of such aspects, parts and components, are the
exclusive intellectual property of their creator and are protected under intellectual property laws
and treaties. You may not exercise any ownership rights over this Service, any and all of its
aspects, parts or components, or any combination or permutation of such aspects, parts and
components, and may not exercise any rights over the same. Specifically, you may not use in an
unintended manner, reverse engineer, decompile or disassemble this Service and any and all of its
aspects, parts or components, or any combination or permutation of such aspects, parts and
components. Any unauthorized reproduction, publication, further distribution, or public exhibition
of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. RESELLING THE SERVICE
If you decide to resell, market, promote, offer or otherwise represent the Service to others,
you hereby agree to market, promote, distribute, use, and offer for use the Service in a
responsible manner, and agree to the burden of exclusive and absolute responsibility for all your
Users. You agree to use only methods, media, materials and documents approved by SINTEC
CORPORATION, and strictly comply with any and all governmental laws pertaining to the sending of
commercial messages via the Internet and telephonic devices. FastCoups.com expressly forbids you
from marketing, promoting, distributing, using, or offering this Service for use as a tool to
deliver unacceptable materials as defined in Section4 above and/or unsolicited commercial messages
sent to personal computers and mobile devices. You may not promote or refer to this Service or to
FastCoups.com when using any form of unsolicited commercial messages or any messages not approved
by FastCoups.com. You understand and agree that FastCoups.com shall have exclusive and final right
to determine the occurrence of any violation regarding these matters, whether by you or your Users,
and reserves the right to immediately terminate your right to the Service.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FastCoups.com DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
FastCoups.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FastCoups.comDOES NOT AND
CAN NOT GUARANTEE THE PERFORMANCE OF THE DOTCOM, DOTNET, AND DOTORG SHORT CODES. FastCoups.com
MAKES NO GUARANTEES REGARDING MOBILE CONTENT DELIVERY TIME OR EVEN OF DELIVERY.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
FastCoups.com OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE
OR PRODUCT PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOSS OF REVENUES, GOODWILL,
OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DATABASE
RECORDS, PROGRAMS OR SERVICES, EVEN IF FastCoups.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES.
9. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless FastCoups.com, and its officers, directors,
employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service providers from
any costs, expenses, including, among other expenses, attorneys' fees and expenses, losses,
damages, specifically excluding consequential, exemplary, special, indirect or punitive damages,
suits, claims, or liabilities incurred and arising from or relating to your marketing, promotion,
distribution, use, or offer to use this Service. You also agree to indemnify and hold
FastCoups.com, and its officers, directors, employees, subsidiaries, affiliates, agents,
shareholders, suppliers, and service providers harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of any and all mobile
content you submit, post, transmit, or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of any rights of
another.
10. CHOICE OF LAW AND FORUM
Interpretation and enforcement of this Agreement shall be governed by and construed in
accordance with the laws of the State of FL, without regard to its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating
to this TOS or your use of the Service shall be filed only in the federal courts or state courts
located in the county where FastCoups.com maintains its headquarters in the State of FL, and you
further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of
litigating any such claim or action. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to the use of the Service or these
Terms of Service must be filed within one (1) year after such claim or cause of action arose or be
forever barred.
11. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and FastCoups.com and governs your use of
the Service, superseding any prior agreements between you and FastCoups.com with respect to the
Service. Except as expressly set forth in Section 1, the TOS may be modified only in writing signed
by FastCoups.com. If any provision of this Agreement shall be held invalid or unenforceable in
whole or in part for any reason, such provision shall be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the validity or enforceability of
any of the remaining provisions of this Agreement. Any failure by FastCoups.comto exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
You acknowledge that the TOS and any modifications thereto constitute the complete agreement
regarding this subject, and supersedes any prior oral or written communications relating to this
subject. Report any violation of this TOS to:
FastCoups.com
305 Covey Ct.
Woodstock, GA FL 30188
770-940-4149
lindabeattie@rocketmail.com
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