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TEXT MESSAGING SERVICE
txtr.ca 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
txtr.ca supplies you with a set of services that allow you to send and receive text messages to and from
any network in Canada using short
code 77777 for the
purpose of maintaining communication
among the members of affinity groups
(for example your customers, fans,
members of a sports team, company
employees and similar). This is
NOT a free service. All SMS messages (one SMS
= one credit) require one credit in
order to be processed.
txtr.ca is a monthly service. Depending on your chosen plan
you will receive the right to use a
certain number of keywords and
messages. Unused messages roll-over
to the next month as long as you
maintain your monthly subscription
payments.
When you open a new account you are provided with a trial service that lasts for a month. During this time you can use one selected keyword of your choosing. After this period you need to select one of our available monthly plans to continue using the keyword and add more keywords (depending on the chosen plan).
REGISTRATION
When you register, we may ask you to state your address, country of residence, language of choice and some additional data about you and or you personal interests. If you chose to register your name as part of your email address or
elsewhere, you consequently agree to that your name and other information you have provided will be stored and processed in the txtr.ca database.
The information that you state to us when you register must be updated, correct and complete. It is your responsibility to make sure that your information is up-to-date.
USAGE
This account is supplied to you by txtr.ca 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
content or content which portrays 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
In addition, messages cannot
contain:
- promotion of alcohol, tobacco,
drugs
- lottery
- Emergency notifications
MANDATORY CONTENT AND
PROCESSING OF MANDATORY KEYWORDS
txtr.ca provides automated facility for your account to
respond to mandatory keywords
(Opt-out: STOP, END, CANCEL, QUIT
and assistance: HELP, AIDE, INFO).
For this facility to work, you must
enter relevant content that will
inform your users how to opt out
from your service and how they can
obtain further help. For this
reason:
- Each message that is sent MUST
contain opt-out instruction: "2
optout snd STOP"
- Your HELP message must provide
your customer support phone number
and URL of your web site where your
users can receive more information
about your messaging campaign
- When introducing users to your
messaging service you must state:
"Std rates apply"
SPAM
txtr.ca will
immediately terminate
and delete your account if it
believes that the account is being
used for SPAM or unsolicited bulk
messaging.
QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. txtr.ca does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or
download anything from the Internet or (c) for goods, services or transactions using your account.
REFUND POLICY
No refunds, under any circumstances
will be issued.
CANCELATION OF SERVICE - SMS CREDITS EXPIRATION
You can cancel your account at any time. Upon cancelation, all keywords and subscribers in the account will be deleted. Any accumulated SMS credits will also expire at the time you
cancel your monthly subscription.
PRIVACY
Your correspondence is your own private property. txtr.ca 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 !Your Company's! sites. txtr.ca 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.
INTEGRITY
You are responsible for your account and your password. You should therefore NEVER give your password to anyone else. If you by accident have given out your password and account name to someone else we strongly recommend you to change your
account password. Do not give your account name and password to any txtr.ca staff members.
CLOSURE OF SERVICE
txtr.ca 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. txtr.ca may also limit some of the functionality available to you if you do not logon to your account for more than 15 days. txtr.ca also retains the right to close txtr.ca text
messaging services at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or similar events.
WARRANTY, RESPONSIBILITY FOR FAULTS, ETC.
The services are provided on an -as is- basis with no warranty implied or explicit.
Short code 77777 is issued by the Canadian Wireless Telecom Association and telecom networks.
INDEMNIFICATION
You agree to indemnify and hold txtr.ca, 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.
txtr.ca 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. txtr.ca 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
COPYRIGHT. This web site, the web site technology and all content from time to time displayed by txtr.ca on the web site (the Web site) are the property of txtr.ca. The Web site is protected by international law and conventions for
the protection of industrial and intellectual property rights. You may not, without expressed permission from txtr.ca, 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 !Your Company'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
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
txtr.ca 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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