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eSpherical.com eMobile® Terms and Conditions

TERMS AND CONDITIONS:

The following Terms and Conditions constitute the End Users License Agreement (EULA) for your registration and use of the eSpherical.com, Inc. eMobile® Version 1.0 family of products. By completing this registration, you hereby agree to the terms and conditions of this EULA in their entirety. This EULA is governed by the internal laws of the Commonwealth of Virginia, USA as well as internal laws of Malaysia. If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect.

By registering with eSpherical.com, Inc. eMobile® and be sending any SMS messages from eMobile®, I hereby agree that I have read, and agree to comply with the following terms and conditions governing the eMobile® software and SMS module.
  1. This is an agreement between you and eMobile® related to your use of eMobile®. The agreement consists of the following terms and conditions as well as the eMobile® Privacy Policy. By your use of eMobile® message delivery system, you are deemed to have consented to all of these terms and conditions.
  2. Use of eMobile®. You are not to use eMobile® for any unlawful or abusive purpose, including but not limited to any use which disrupts any eMobile® system or other customers, damages eMobile® property, or interferes with eMobile®'s ability to provide service to customers. You agree to comply with all laws while using eMobile® and you agree not to transmit any communication that would violate any laws, court order or regulation or would likely be offensive to the recipient. You are responsible for all content you transmit through eMobile®.
  3. Privacy. eMobile® will not be liable for any lack of privacy you may experience while using eMobile®. eMobile® has the right to intercept, disclose, or delete any messages sent through eMobile® in order to protect its rights.
  4. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL eMobile® BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER THAT ARISE FROM YOU OR ANY USERS USE OF eMobile®. eMobile® IS NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OF ITS RIGHTS UNDER PARAGRAPHS 2 AND 3 OF THIS AGREEMENT.
  5. No Warranties. eMobile® MAKES NO EXPRESS WARRANTY REGARDING THE eMobile® SERVICE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. eMobile® DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
  6. Agreement. You acknowledge that these terms and conditions are a material part of eMobile®'s decision to provide SMS services to you.

If you have any questions regarding this EULA, please contact eSpherical.com, Inc at sms@espherical.com.



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