Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on July 9, 2008

This Terms of Use Agreement sets forth the standards of use of the FiWiText Online Service. By using the www.FiWiText.com website you (our user) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.FiWiText.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

FiWiText is providing users with the ability to send and receive SMS/text messages on their cell phone. From now and onward both sender and receiver are users of www.FiWiText.com services. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by FiWiText on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, FiWiText makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. FiWiText shall have no liability for any interruptions in the use of this Website or the failure to deliver any message. FiWiText disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

FiWiText SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FiWiText SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FiWiText HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.TELEPHONE SERVICE PROVIDERS MAY OR MAY NOT CHARGE CLIENT TO SEND OR RECEIVE MESSAGE, THEREFORE FiWiText SHALL NOT BE LIABLE FOR ANY FEE THE USER MAY BE CHARGED TO RECEIVE MESSAGE SENT THROUGH OUR SERVICE. THE SITE RESERVES THE RIGHT TO AT ANY TIME PLACE ADVERTISMENTS ATTACHED TO ANY MESSAGE SENT FROM THE SITE.

THE CONTENT OF MESSAGE SENT THROUGH WWW.FiWiText.COM SERVICE DOES NOT REFLECT THE VIEWS OR OPINION OF FiWiText AND THEREFORE, FiWiText IS NOT LIABLE FOR THE CONTENT OF MESSAGE, OR ANY DECISION, ACTION OR EVENT THAT MAY OCCUR DUE TO FiWiText SERVICES. ACCORDING TO THE COMMUNICATIONS DECENCY ACT OF 1996, FiWiText WILL NOT VIEW, READ, SCAN, MONITOR, MODIFY, OR FILTER ANY MESSAGE SENT. USER ACCEPTS FULL RESPONSIBILITY OF MESSAGE SENT. USER MAY NOT USE THE SERVICES OF WWW.FiWiText.COM TO CONDUCT OR TRANSMIT, VIRUS, WORM, TROJAN, SPYWARE, BUG, SPAM, JUNK E-MAIL, BULK E-MAIL, ADVERTISEMENT, PROMOTION, SOLICITATION, IMPERSONATION, MISREPRESENTATION, HARASSMENT, ABUSE, THREAT, RACISM, SLANDER, DEFAMATORY, PORNOGRAPHY, OBSCENE OR ANY OTHER INDECENT OR CRIMINAL CONDUCT. THE SITE RESERVES THE RIGHT TO HAND OVER TO LAW ENFORCEMENT, THE INFORMATION OF THOSE FOUND TO BE IN VIOLATION OF THESE TERMS OF USE.

4. Indemnification

User agrees to indemnify and hold FiWiText, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

FiWiText reserves the right to modify, limit or discontinue the Service with or without notice to the User. FiWiText shall not be liable to User or any third party should FiWiText exercise its right to modify, limit or discontinue the Service. User acknowledges and accepts that FiWiText does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While FiWiText makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

FiWiText makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is www.FiWiText.com, with all rights reserved, or is the property of FiWiText and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FiWiText is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FiWiText.

10. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FiWiText, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.