Site Access & User Conduct
MESSAGEbuzz Inc. provides its "Mobile Marketing" service solely to enable businesses and organizations a communication tool to collect user mobile numbers and to create, launch and manage text messaging services.
MESSAGEbuzz Inc. grants you a limited license to access and make personal, non-commercial use only of the Site. By accepting the "I accept these Terms of Use" button on the registration page and by completing the registration process, You agree to be bound by all of the Terms and Conditions herein. As a self-service application, You alone understand, acknowledge and agree, that You,
- Are responsible for the contents of your message.
- You certify that the mobile numbers you enter or upload in your subscriber list, those subscribers have given you permission to send them text messages. Plus, You are responsible for your subscribers, the management of them and are solely responsible for not sending messages to un-authorized subscribers.
- That you will not use our service for chain letters, junk mail, "spamming" or commercial solicitations or to send any message or material that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) violates the copyright, patent, trade secret or any other rights of another party; or (c) otherwise gives rise to liability or violates any other applicable law. If we become aware of or determine, in our sole discretion, that you are violating any of our Terms of Use, we may modify or terminate your privileges, with or without notice to you.
- Understand our Services are subject to monthly subscription fees ("Paid Services") once your free trial period has lapsed or has exceeded the test message limit.
- That MESSAGEbuzz Inc. will not use contacts listed in your contact section or any other customer information for any other purposes than those intended with the Service. Additional detail of this statement is provided in Restrictions and Responsibilities.
- will adopt and maintain the Code of Conduct.
Usage and Monitoring
You may use the Site only as intended by MESSAGEbuzz Inc. While MESSAGEbuzz Inc. has no obligation to monitor the site and is not responsible for your conduct, MESSAGEbuzz Inc. reserves the right to suspend, prohibit, deny access, edit, or take other appropriate action with respect the Services it believes may be (or is alleged to be) in violation of the Terms of Use foregoing to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
Free Trial, Fees and Payment
Once you have completed your free trial period or have exceeded the free subscriber limit, you will be subject to monthly subscription fees (Paid Services). You will be required to submit payment for Services (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for Paid Services. Access to the Services will be unavailable until payment is received.
Fees will be billed immediately upon purchase. The Fees are based on the Package chosen and other associated Services you select. You are responsible for reviewing the Pricing Schedule from time to time and remaining aware of the Fees charged by MESSAGEbuzz Inc. The Pricing Schedule, including message volume per Package and prices, is subject to change at any time at MESSAGEbuzz Inc.'s discretion. MESSAGEbuzz Inc. will attempt to notify you via the announcement section of our web site to the effectiveness of any change to the Pricing Schedule.
Payment for Services will be made by a valid credit card. Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize MESSAGEbuzz Inc. to charge your credit card for such amounts. Amounts paid for the Services are not refundable.
You acknowledge and agree that you are responsible for paying Fees for all text messages sent through MESSAGEbuzz Inc., regardless of whether delivery of such messages to their intended recipients is delivered, prevented or possibly blocked by any third party.
Unavailability of Service
MESSAGEbuzz may require short periods of unavailability of services for numerous reasons such as to implement changes, upgrades and maintenance. We will use reasonable endeavors to perform the activities which requires the unavailability of the services, or which is reasonably likely to have an adverse effect upon the services between the hours of: 1am - 3am Central Standard Time. In the case of un-planned maintenance MESSAGEbuzz shall provide as much advance notice to clients as is reasonably practicable. MESSAGEbuzz shall use its reasonable endeavors to conduct these activities under this paragraph so as to minimize adverse impact on clients.
Restrictions and Responsibilities
MESSAGEbuzz Inc. will not use your customer list or any other customer information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties unless required by law.
This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are authorized by MESSAGEbuzz Inc., you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by MESSAGEbuzz Inc. in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
You acknowledge and agree that the Services and the MESSAGEbuzz Inc. company names and logos and all related product and service names, design marks and slogans, are the property of MESSAGEbuzz Inc. or its affiliates or suppliers. You are not authorized to use any of the Names and Logos in any advertising, publicity or any other commercial manner without the prior written consent of MESSAGEbuzz Inc. Your use of the Services confers no title or ownership in the Services, the Software or the Names and Logos and is not a sale of any rights in the Services, the Software or the Names and Logos.
The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the Code of Conduct, the United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
If you receive special discounts, MESSAGEbuzz Inc. reserves the right to change those discounts at anytime. In the case of any change in status, discounts may no longer apply.
Eligibility
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
Security
You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time available in the My Account page in the MESSAGEbuzz application. You agree to notify MESSAGEbuzz Inc. immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform MESSAGEbuzz Inc. Customer Service of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until MESSAGEbuzz Inc. is notified by speaking with one of us of a breach in security, you will remain liable for any unauthorized use of the MESSAGEbuzz Inc.'s Service through your account. In consideration for using the MESSAGEbuzz Inc.'s Service, you agree to: (1) provide certain current, complete, and accurate information about you and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or My Account page sign-up is inaccurate, MESSAGEbuzz Inc. reserves the right to terminate your account immediately and your right to use the MESSAGEbuzz Inc. Service.
No Endorsement
Links to other web sites do not imply an endorsement of the materials disseminated by publishers at those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. MESSAGEbuzz Inc. is not responsible for the materials contained at any web site linked to this site.
Disclaimer
MESSAGEbuzz Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." MESSAGEbuzz Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. MESSAGEbuzz Inc. DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, 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 VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MESSAGEbuzz Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. MESSAGEbuzz Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. MESSAGEbuzz Inc. reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or to deny access to the Site to anyone at anytime. Neither MESSAGEbuzz Inc. nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
MESSAGEbuzz Inc. reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MESSAGEbuzz Inc.
YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on--or--through the Site or on the Internet generally.
Neither MESSAGEbuzz Inc. nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or use of MESSAGEbuzz Inc.'s Services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
Indemnity
You agree to indemnify, defend and hold harmless MESSAGEbuzz Inc. and their respective officers, directors, owners, agents, information providers and licensors (collectively " MESSAGEbuzz Inc. Parties") from and against any claims, liability, losses, costs and expenses (including but not limited to attorneys' fees) incurred by any MESSAGEbuzz Inc. Party in connection with any use or alleged use of this website under your password by any person, whether or not authorized by you, or any other violation of this Agreement by you. MESSAGEbuzz Inc. reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with MESSAGEbuzz Inc. defense of such claim.
Jurisdictional Issues
This website is controlled and operated by MESSAGEbuzz Inc. from its offices in St. Louis, Missouri, United States of America. MESSAGEbuzz Inc. makes no representation that materials on this website are appropriate or available for use outside the United States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MESSAGEbuzz Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPEICAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MESSAGEbuzz Inc. OR A MESSAGEbuzz Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMIATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MESSAGEbuzz Inc.'s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICE.
Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by calling MESSAGEbuzz Inc.'s Customer Service. There are no refunds for any fees paid. MESSAGEbuzz Inc. may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. MESSAGEbuzz Inc. shall have no liability to you or any third party because of such termination or action.
MESSAGEbuzz Inc. will delete any of your archived data within 30 days after the date of termination. After termination, you are required to process all unsubscribe requests within 30 days of your last campaign. MESSAGEbuzz Inc. will provide upon request the list of unsubscribe requests from your last campaign. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. If your account is classified (at MESSAGEbuzz Inc.'s sole discretion) as inactive for over 120 days, MESSAGEbuzz Inc. has the right to permanently remove your subscriber data. MESSAGEbuzz Inc. will attempt to contact you via email prior to taking any permanent removal actions.
Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Miscellaneous
This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. If any provision of the 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.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind MESSAGEbuzz Inc. in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
Communications made through the MESSAGEbuzz's messaging system shall in no way be deemed to constitute legal notice to MESSAGEbuzz Inc. or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against MESSAGEbuzz Inc. or any of its agencies, officers, employees, agents or representatives, where notice to MESSAGEbuzz Inc. is required by contract, or any federal, state or local laws, rules or regulations.
While sharing a short code is one of the most affordabe and quick ways for you to setup your SMS product, it must be remembered that as the code is shared there is always the risk of the code being suspended because of another customer's actions. We do perform pre-sales checks on all clients, but we cannot guarantee that there will never be a loss of service. If you require absolute reliability it is recommended that you use a dedicated code.
For HELP with your text messaging needs please contact support@messagebuzz.com or call (888) 900-2899.
To STOP receiving messages from your campaign, please text 35350 with the key word STOP or email us at support@messagebuzz.com with the cell phone number you would like removed and a written request to opt-out of the text messaging program.