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MESSAGING SERVICE
MSMS (MillenniumSMS) is provided by Upside Wireless Inc.
ACCEPTANCE
When you sign up with our Service, you automatically
confirm that you accept all terms in this agreement.
DESCRIPTION OF
SERVICE
Upside supplies you with a set of web and application
programming services that extend the use of your Millennium software so that it can send SMS appointment confirmations and receive replies from your customers via text messages.
USAGE
This account is supplied to you by Upside and must not be
used for criminal purposes or in a way that disturbs other
users or intrudes on other persons or on their property.
You are responsible for ensuring that the information
you provide using our services is legal and in accordance
with normal morals and the general ethics which apply
on the Internet. Consequently, you are not allowed to:
encourage a crime or assist anyone who encourages a crime
in any way, make or distribute statements which discriminate
or emphasize anyone's race, skin colour, sex, religion,
ethnic origin or sexual orientation, distribute pornographic
pictures or pictures which portray gross violence, force
or brutality, make or distribute statements which are
offensive or insulting. If you do any of the following
your account will be deleted without warning of any kind.
SPAM
You can send messages ONLY to people who have explicitly
and verifiably expressed interest to receive messages from you. All
other messages are treated as SPAM. In this context "explicit and verifiable interest" means that the permission to send messages to a cell phone number was obtained by you from the owner of the cell phone number in one of the two ways:
1. The owner sent an opt-in command (YES) from his/her cell phone number to a number assigned to your account
2. You obtained a written permission to send text messages from the owner of the cell phone number.
Upside Wireless Inc. will immediately terminate
and delete your account if it believes that the
account or any of its sub accounts is or has been used for SPAM or unsolicited bulk messaging.
Please note that neither unsolicited messages nor any
other messages that are in breach of the UK or international
laws may be sent via the Service and that any consequences
arising from the breach of UK or international laws will
be born by you. Upside Wireless Inc. does not assume any responsibility
for the content of the messages you send via its platform.
More on the exact requirement for opt-in in regards to sending of promotional messages is provided here.
REFUND POLICY
No refunds can be issued under any circumstances.
SUBSCRIPTION ACCOUNTS
Subscription accounts enable account holders to send and receive SMS messages at preferential terms. The payment for a subscription is executed monthly on the day the subscriber first joined the program at 7 AM Pacific time. Subscriptions can be cancelled with three months notice under the following terms:
- Subscription privileges stop three months after the time of cancellation. After that time, no further charges will be made and account will be closed.
- No refunds for subscriptions will be issued under any circumstances
To cancel your subscription, please login to your account and click on the Contact Us/Need Help link. Then post your request on the form in writing that your subscription be cancelled.
MULTIPLE MILLENNIUM LOCATIONS
In case your business operates multiple locations, a separate MillenniumSMS account needs to be opened and operated for each location. This means that each Millennium software installation must use a unique messaging account.
MESSAGE CREDITS
One SMS message, incoming or outgoing, requires one credit. QUALITY OF DATA
The information that you state to us when you register
must be updated, correct and complete. Please note that
accounts with invalid information (for example e-mail
account, name or country) may be deleted as our sole
discretion, together with all associated information. It
is your responsibility to make sure that your
information is up-to-date.
We do NOT guarantee that messages you send using our
service will be delivered.
INTEROPERABILITY
The ability to send and receive SMS messages is subject
to subscriber contracts, roaming agreements and billing
configuration. Due to the nature of the global SMS network
the roaming and interoperability status, as well as our
ability to deliver your messages to or from any network
may change without notice.
EQUIPMENT
You must have access to the necessary equipment to use
the Internet. You must have access to the Internet and
you must pay all costs pertaining to such access.
INACTIVE/DORMANT
ACCOUNTS
An account becomes dormant after 90 days if inactivity.
All data in the account may be deleted at this time or
at any time thereafter. An account becomes inactive
after 180 days of inactivity at which time or any time
thereafter the account may be deleted. Once deleted an
account or data in it cannot be restored.
CUSTOMER SUPPORT
We provide online customer support. To start a customer support request, ticket, please login to your account and click on the Contact Us or Need Help button. Our customer support team will answer, and in most cases, resolve your request, within 2-4 hours.
PRIVACY
Your correspondence is your own private property. Upside
Wireless Inc. takes no responsibility whatsoever for the
content in the correspondence of its members. Nor does
it take any responsibility whatsoever for activities that
may take place as a consequence of communication via Upside's sites. Upside will not read, change, destroy or forward
the contents of your correspondence, unless entitled to
do so by this agreement or forced to do so by law, regulation
or any extraordinary circumstance. Please read more on
our
privacy policy here.
INTEGRITY
Protect and change your password often. You are
responsible for your account and your password. Upside
will not be responsible for any loss you may experience
from someone accessing your account.
CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account
if: (a) you supply misleading information at the time
of registration, (b) you do not use (access) your account
within a time span of 2 months, if (c) you do not follow
the terms stated in this agreement, (d) the use of your
account contravenes the law or the conditions in this
agreement, (e) there is reasonable suspicion that a crime
has been committed, (f) if you do not maintain a valid
e-mail address or (g) if there is a suspicion that you
used your account to send SPAM. Upside Wireless Inc. may
also limit some of the functionality available to you
if you do not logon to your account for more than 15 days.
Upside Wireless Inc. also retains the right to close Upside text messaging
services at any time, temporarily or permanently, in case
of force majeure, bankruptcy, liquidation or any other events.
WARRANTY, RESPONSIBILITY
FOR FAULTS, ETC.
The services are provided on an -as is- basis with no
warranty implied or explicit.
INDEMNIFICATION
You agree to indemnify and hold Upside Wireless Inc.,
its parents, subsidiaries, affiliates, officers and employees,
harmless for any claim, demand, or damage, asserted by
any third party due to or arising out of your use of or
conduct on the system. The Service is provided without
any guarantees explicit or implied.
Upside Wireless Inc. is not responsible for direct, indirect
or other damage suffered by the User or a third party
as a result of using the Service, faults in the Service
or interruption to or termination of the Service. Upside
Wireless Inc. is also not responsible in any way for the
content or the delivery of the messages which the User
has sent or received via the Services.
COPYRIGHT
This web site, the web site technology and
all content from time to time displayed by Upside Wireless
Inc. on the web site (the Web site) are the property
of Upside Wireless Inc., Canada. The Web site is protected
by Canadian and international law and conventions for
the protection of industrial and intellectual property
rights. You may not, without expressed permission from
Upside Wireless Inc., copy or to the public display the
Web site or the Web site in part or parts. You also may
not mirror the Web site on your home page. Your use of
the Web site does not create a license or any other rights
in Upside Wireless Inc.'s trademarks, services, copyrights,
or any other intellectual property or proprietary rights.
DISAGREEMENTS
This agreement shall be governed by and construed in accordance
with laws of province of British Columbia, Canada. In case of
a dispute, you agree to submit yourself to the jurisdiction
of courts of British Columbia, Canada.
CHANGES IN THIS
AGREEMENT
Upside Wireless Inc. reserves the right to alter the
terms of this agreement. By continuing to use this
service, you accept the new wording of the membership
terms. It is therefore in your interest to keep yourself
updated on the membership terms.
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