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Term of Service

LEGAL CONTRACT AGE

You must be old enough to enter into a binding legal obligation. These Terms and Conditions are a binding Agreement between you and HotFreeSMS.net. By using our service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms and Conditions.

1. Scope of Agreement

HotFreeSMS.net shall provide access to its SMS messaging services to its users under following conditions. By registering to our website www.HotFreeSMS.net, the user agrees with the terms specified in this contract. The contract is deemed established as soon as the username and password required to use HotFreeSMS.net's services have been displayed on screen or sent by HotFreeSMS.net to the user via e-mail. If offerings or specifications exist on our website which are contradictory to these terms, the latter prevail.

2. Usage of International SMS

2.1. Authorization and Authentication
After the user has completed online registration, a username and password will be confirmed and sent to the user via e-mail. This login information serves as identification of the user to HotFreeSMS.net. HotFreeSMS.net will perform no further authentication of the user's identity. The user agrees that all website activities which can be traced to their username and password are deemed as having been performed by the user themselves and are legally binding for them. The user is responsible for careful use and storage of the username and password. We recommend changing the assigned password when first using the service; additionally, we urge the user to change the password regularly and take other appropriate measures to prevent misuse or theft of login information.

2.2. Risks

The user agrees that, by definition, access to the Internet, the Mobile Network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The user agrees to bear full and exclusively responsibility arising from such risks and consequences of the user's usage of HotFreeSMS.net services. The user agrees that all website activities which can be traced to the user's username and password are deemed as having been performed by the user themselves and are legally binding for the user.

2.3. Limitation of Liability

The services and all information, products and other content (including third party information, products and content) included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to you. To the fullest extent permitted by law, HotFreeSMS.net disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) included in or accessible from this web site. In no event shall HotFreeSMS.net or any of its affiliates or content providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of this web site or the services.

2.4. Copyright & Trademarks

TextHQ respects the intellectual property of others, and we ask our users to do the same. TextHQ may, in appropriate circumstances and in its sole judgment, terminate the accounts of users who violate the intellectual property rights of others.

All the texts, designs and web pages etc. (collectively "Content") contained in the service of the TextHQ software is copyrighted as a collective work under the laws in force in the United States Of America, and TextHQ owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

The TextHQ software, name and logo are trademarks of HotFreeSMS.net. All other trademarks that appear within The TextHQ software service are trademarks of their respective owners. Partners of TextHQ may also have supplementary proprietary rights in the content that they offer through the service of The TextHQ software. You may not change, publish, transmit, partake in the transfer or sale, create imitative works, or in any way exploit, any of the Content, in whole or in part.

3. HotFreeSMS.net

HotFreeSMS.net is an independent IT corporation and provides SMS services to the users as described on the website www.HotFreeSMS.net.

3.1. Access to HotFreeSMS.net

HotFreeSMS.net makes its best efforts to provide SMS services on the website 7 days a week, 24 hours a day, 365 days a year. In order to use the service, the user must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. The services are provided for free and the User also has the options to buy the service. All fees are payable upfront, prior to credits being activated. In addition, the user must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3.2.1. Delivery

The user acknowledges that HotFreeSMS.net delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery resp. transmission of SMS messages within the technical constraints imposed by the above-mentioned providers. SMS messages submitted via HotFreeSMS.net will be transferred to the addressed mobile recipients within variable times as dictated by congestion, provided that the recipient's phone is switched on and located in an area covered by his/her subscribed mobile network provider.

3.2.1. FREE, Fees, Payment and Your Right To Cancel

FREE, In consideration for the use of HotFreeSMS.net's free services, the User shall pay no transaction fees. This services are intended for Users personal use only. By using this services, all provisions of this Agreement shall remain in full force and effect.

Fees. In consideration for the use of HotFreeSMS.net's paid services, the User shall pay to HotFreeSMS.net a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect.

All fees are payable upfront. Failure to purchase credits upfront will result in the User has to use the usual method for free credit by signing up with HotFreeSMS.net affiliates sponsors. Upfront payment refers to a payment that is made within a reasonable time so as to allow HotFreeSMS.net to add the SMS credits to the User's account.

Payment. Transaction fees are due and payable at the time of or before HotFreeSMS.net delivers a message to the User's recipients, via every method of delivery based upon the billing plan selected by HotFreeSMS.net. Payment shall be deemed to have been made as soon as the fee is available in HotFreeSMS.net's PayPal account.

Credit Card Payment. If the User has elected to pay for the Service by credit card, and HotFreeSMS.net does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by HotFreeSMS.net. All amounts are pre-paid and the User agrees to payment and the Terms and Conditions of such payment, when such payment is made. HotFreeSMS.net reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer govern use of the User's credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.) The User is charged in USD. The final purchase amount is the amount reflected on the Credit Card holder's statement.

Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by HotFreeSMS.net, which will be posted in the Billing Information section or similar location within the HotFreeSMS.net web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to complaints@hotfreesms.net .

Should there be a cost increase AFTER the User has purchased message units from HotFreeSMS.net; HotFreeSMS.net will give the User 14 days' notice of such an increase, which will be applicable to such credits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which HotFreeSMS.net will refund the User to the value of any message unit credits that may be left over in the User's account.

The User acknowledges that HotFreeSMS.net is dependant on various telecommunications networks and institutions for the delivery of its messages and that HotFreeSMS.net may adjust its prices and offering, should the prices be adjusted due to reasons which are not in HotFreeSMS.net's control. HotFreeSMS.net undertakes to notify the User of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the User has purchased message units from HotFreeSMS.net; HotFreeSMS.net will give the User 14 days' notice of such an increase which will be applicable to such credits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which HotFreeSMS.net will refund the User to the value of any message unit credits that may be left over in the User's account. Should the User's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units or after the User signing up for free with HotFreeSMS.net other services. Any message units purchased are valid as long as the User's account active. HotFreeSMS.net may change this period on a case-by-case basis at its sole discretion.

Refunds for SMS message credits: The User can request a refund of monies paid to HotFreeSMS.net within 7 days of making any purchase of SMS message credits from HotFreeSMS.net, provided that there are enough credits in the User's account to be subtracted by HotFreeSMS.net, i.e. all messages sent will be subtracted from the User's account. Further to that the User will receive back the amount which fits in with the corresponding volume-option - i.e. on the cost-scale equivalent to the amount of message units sent. There is a 10% charge on all refunds.

Refunds for any fees that the User pays to HotFreeSMS.net, which excludes all SMS message credit fees: no refunds will be made for any fees which are not related to SMS message credits.

Credit-based billing principles. HotFreeSMS.net is able to charge variable amounts of credits per message sent through its system. These variable amounts are published on HotFreeSMS.net's coverage pages from time to time, and HotFreeSMS.net charges the published rate when a message is sent through the system. The User understands that the number of credits to a specific destination network may change due to various factors, and that HotFreeSMS.net may adjust these rates whenever it deems it necessary to do so.

4. User's Liability

4.1. Disruptions and Damages.
If the user causes damages or disruptions of the website or system applications of HotFreeSMS.net by bad intent, they become liable for all direct and incidental consequences and associated costs.

4.2. SMS Content

The user assumes full responsibility for the content of SMS messages transmitted by themselves or by a third party on their request. The user agrees to abide by all laws and regulations applicable to the content and intent of SMS messages transmitted by them. The user assumes liability for all consequences and costs arising out of offenses against such regulations. The user must ensure that their SMS delivery does not cause disturbance or harassment of a recipient or other third party. The user agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The user is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS. The user agrees to indemnify and hold HotFreeSMS.net, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content the user transmit through the service, the user's use of the service, the user's connection to the service, the user's violation of the Terms of Usage, or the user's violation of any rights of another.

4.3. Identification of SMS Originator

Each SMS message transmitted must contain an existing and authorized user service phone number belonging to the user or authorized for use as such by the owner of the phone number. HotFreeSMS.net will not deliver SMS messages without originator information.

4.4. Termination

You agree that HotFreeSMS.net, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, if HotFreeSMS.net believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. HotFreeSMS.net may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Terms of Usage may be effected without prior notice, and acknowledge and agree that HotFreeSMS.net may immediately deactivate or del ete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that HotFreeSMS.net shall not be liable to you or any third-party for any termination of your access to the service.

4.5. Financial obligations of HotFreeSMS.net upon Termination and/or Cancellation. Should the termination of services result in a situation where the User still has credits (or messages that are pre-paid) at any stage, the User shall receive back the monetary value of such credits in full (if paid), save any expenses that may be incurred by HotFreeSMS.net to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, third-party involvement.

5. Property

All communication media and systems associated with HotFreeSMS.net's website and the underlying services remain the property of HotFreeSMS.net.
By using the services, the user does not obtain any rights in the infrastructure, content or software associated with the services.

6. Jurisdiction

These Terms of Usage are governed by the Malaysian Government Cyberlaws, the United States and the User's Respective Countries.

7. Interpretation

If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected.
You must comply with all laws, regulations, obligations and restrictions that apply to you. This Agreement may not be modified, except in writing signed by an authorized officer of HotFreeSMS.net. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.

8. Modification of Terms

Modification of Terms. HotFreeSMS.net frequently updates, modifies, and otherwise continually seeks to improve the HotFreeSMS.net services and products. Such changes often dictate that HotFreeSMS.net simultaneously modify HotFreeSMS.net's Terms and Conditions of Use. As such, HotFreeSMS.net shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the HotFreeSMS.net service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.