This World Wide Web Solutions Inc TERMS OF SERVICE AGREEMENT ("TOS") is a legal
agreement between you, an individual or an individual acting on behalf of your business or
employer, a corporation, partnership, or other legal entity, and World Wide Web Solutions Inc,
Inc. (World Wide Web Solutions Inc). Before you use this website, please read this TOS
carefully as they govern your use of the Service provided at this website. By using this
website you are indicating your acceptance of and agreement to be bound by all of the terms of
the TOS. World Wide Web Solutions Inc may modify or revise this TOS from time to time without
notice to you. Although World Wide Web Solutions Inc may attempt to notify you when major
changes are made to this TOS, you should visit this page periodically to review the TOS. Any
modification and/or revision of the TOS will be effective when posted on this page. By
continuing to use the service after such modifications and/or revisions are posted, you agree
to be bound by such modifications and revisions. If you do not agree with all of the terms of
the TOS, then you may not use this service.
1. DESCRIPTION OF SERVICE
(A.) The Service provides you the right to use World Wide Web Solutions Inc's proprietary Web-based
Software that enables you to view, display, create, edit, and update a variety of web-based and
mobile-based advertisements, as well as post or send conforming commercial and non-commercial
messages with text and pictures that can be subscribed from and delivered to computers, cell
phones, and other mobile devices via proprietary Mobile Applications, Mobile Websites and Regular
Websites, and or via SMS text message using the authorized DOTCOM (368266), DOTNET (368638), and
DOTORG (368674) short codes.
(B.) You understand and agree that the software itself is the core of the
Service, and that changes in the performance and availability of the Internet and the World
Wide Web, changes in mobile devices, platform and operating systems, and or changes in SMS
services, are beyond the control of World Wide Web Solutions Inc and may change at any time,
and that the DOTCOM (368266), DOTNET (368638), and DOTORG (368674) short codes used by the
software are not an integral part of the Service, and that these short codes are provided by
third-party short code providers, and that the performance, availability, and charges
associated with these short codes are subject to change at any time by the short code
providers, and are not guaranteed by this Service.
(C.) The use of the DOTCOM (368266), DOTNET (368638), and DOTORG (368674) short
codes are being made available to you on an "AS-IS" basis and based exclusively on current
conditions whereby the providers of these short codes are offering the use of these short
codes free of charge. You also understand and agree that changes in the performance,
availability, and pricing for the use of these short codes are beyond the control of World
Wide Web Solutions Inc and may change at any time, and that any changes in the pricing for
the use of these short codes shall be passed on to you on a bulk flat rate or per text
message basis.
(D.) You understand and agree that World Wide Web Solutions Inc may determine,
in its sole discretion, to limit, change, or otherwise modify the use of the Service,
including placing advertising riders to messages delivered by the Service, changes in the
maximum disk space that will be allotted on World Wide Web Solutions Inc's servers on your
behalf, and the maximum number of times and the maximum duration for which you may access the
Service in a given period of time. You acknowledge and agree that these changes may take
place and that World Wide Web Solutions Inc shall have no liability stemming from such
changes. Any additions or modifications to the Service shall be in the sole discretion of
World Wide Web Solutions Inc and will be subject to this TOS. You are solely responsible for
any fees, charges and expenses incurred by you in accessing and using the Service -
including, but not limited to, standard Internet access and mobile carrier charges. World
Wide Web Solutions Inc uses reasonable efforts to ensure that the Service is available on a
24/7 basis. However, there will be occasions when the Service will be interrupted for
maintenance, repairs, upgrades, failure of telecommunications links and equipment, and
emergencies that are beyond the control of World Wide Web Solutions Inc. By using the Service
you agree that World Wide Web Solutions Inc shall not be liable to you for any modification,
suspension or discontinuance of the Service.
2. USING THE SERVICE
(A.) The use of this Service requires successful login to an Account that is licensed by World Wide
Web Solutions Inc and must be duly registered to the individual accessing the Service. Your
password and account designation will be active upon completing the Service's registration and
activation process. You are responsible for maintaining the confidentiality of the password and
account designation and are fully responsible for all activities that occur under your password or
account designation. You represent that you are of legal age to form a binding contract and are not
a person barred from receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to provide true, accurate, current, and complete information about
yourself, as well as maintain and promptly update any registration data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not current, or
incomplete, or World Wide Web Solutions Inc has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, World Wide Web Solutions Inc has the right to
suspend or terminate your account and refuse any and all current or future use of the Service or
any portion thereof.
(B.) Children under the age of 13 may not use the Service. Equally, the Service
is not designed for or directed to children under the age of 13. Any use of the Service in
violation of or not in strict compliance with this TOS shall constitute grounds for the
automatic termination of Service, and shall equally constitute a bar to your access and use
of applications, websites, and short codes associated with the Service. Upon such
termination, you shall destroy any and all materials, computer files, and documentations of
the Service in your possession and immediately cease marketing, promoting, distributing,
using, or offering for use the Service in any manner that may cause the further use of the
Service.
3. FEES FOR USING THE SERVICE
Any monetary consideration you paid to be able to use this Service pays exclusively and
specifically for your right to use World Wide Web Solutions Inc's web-based software which enables
you to create, edit, update, and send conforming messages that can be accessed via the mobile web.
Any monetary consideration you paid does not give you ownership of any code, aspect, part, or
component of the software, and does not pay for any other web-related services. You do not own any
part of the software that is used in any part of the Service. No refunds shall be given for
discontinued use, unused software licenses, prepaid services, or for any installation, activation,
custom or standard programming performed on behalf of an application. mobile website, domain name
or campaign that has been configured, used or prepared to be used to function with the
Service. You are exclusively responsible for all fees for any domain name that is registered
for your use with this Service, and are exclusively responsible for monitoring and maintaining the
status and registration of your domain, whether the domain was registered by you or by World Wide
Web Solutions Inc. Your discontinued use or non-renewal of an assigned domain name constitute your
voluntary abandonment of the Service and the domain name, and for which no refund or credit will be
issued.
4. YOUR PROPER USE OF THE SERVICE
You understand that any and all "Content" (information, data, text, messages, pictures, or other
materials), whether publicly posted or privately transmitted, are the sole responsibility of the
person from which such content originated. This means that you, and not World Wide Web Solutions
Inc, are entirely responsible for all content that you upload, post, email, transmit, or otherwise
make available via the Service. Likewise, World Wide Web Solutions Inc does not control the content
posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such
content. You understand that by using the Service, you may be exposed to content that is offensive,
indecent, or objectionable. Under no circumstances will World Wide Web Solutions Inc be liable in
any way for any content, including, but not limited to, any errors or omissions in any content, or
for any loss or damage of any kind incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available via the Service. You agree not to use the Service to
upload, post, text message, email, transmit, or otherwise make available any adult content, or any
content that may impersonate any person or entity, as well as infringe any patent, trademark, trade
secret, copyright, or other proprietary rights. You agree not to use the Service to upload, post,
text message, email, transmit, or otherwise make available any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
5. TRADEMARKS, COPYRIGHT, AND PROPRIETARY RIGHTS
World Wide Web Solutions Inc does not claim ownership of any Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or make available for
inclusion on the Service, you claim that you have the right to use such Content and grant to World
Wide Web Solutions Inc a perpetual, non exclusive worldwide, royalty-free, transferable right and
license to use in any way such Content, including all related intellectual property rights, to
provide the Service. The Service and any website associated with this Service, along with any and
all of its aspects, parts or components, or any combination or permutation of such aspects, parts
and components, are the exclusive intellectual property of World Wide Web Solutions Inc and are
protected under intellectual property laws and treaties. You may not exercise any ownership rights
over this Service, any and all of its aspects, parts or components, or any combination or
permutation of such aspects, parts and components, and may not exercise any rights over the same.
Specifically, you may not use in an unintended manner, reverse engineer, decompile or disassemble
this Service and any and all of its aspects, parts or components, or any combination or permutation
of such aspects, parts and components. Any unauthorized reproduction, publication, further
distribution, or public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited. The names MobileSMS.biz and World Wide Web Solutions Inc, are
properties of World Wide Web Solutions Inc. You agree not to display or use these names in any
manner, whether on-line or off-line, without World Wide Web Solutions Inc's express prior
permission, and that World Wide Web Solutions Inc has the right to suspend, terminate, and deny you
Service for any unauthorized use of any of these names.
6. RESELLING THE SERVICE
If you decide to resell, market, promote, offer or otherwise represent the Service to others, you
hereby agree to market, promote, distribute, use, and offer for use the Service in a responsible
manner, and agree to the burden of exclusive and absolute responsibility for all your Users. You
agree to use only methods, media, materials and documents approved by World Wide Web Solutions Inc,
and strictly comply with any and all governmental laws pertaining to the sending of commercial
messages via the Internet and telephonic devices. World Wide Web Solutions Inc expressly forbids
you from marketing, promoting, distributing, using, or offering this Service for use as a tool to
deliver unacceptable materials as defined in Section4 above and/or unsolicited commercial messages
sent to personal computers and mobile devices. You may not promote or refer to this Service or to
World Wide Web Solutions Inc when using any form of unsolicited commercial messages or any messages
not approved by World Wide Web Solutions Inc. You understand and agree that World Wide Web
Solutions Inc shall have exclusive and final right to determine the occurrence of any violation
regarding these matters, whether by you or your Users, and reserves the right to immediately
terminate your right to the Service.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT World Wide Web Solutions Inc DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
World Wide Web Solutions Inc MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR
EXPECTATIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. World Wide
Web Solutions Inc DOES NOT AND CAN NOT GUARANTEE THE PERFORMANCE AND AVAILABILITY OF THE MOBILE
WEB, REGULAR WEB, SMS, SHORT CODE, OR OF ANY AND ALL RELATED SERVICES AND SYSTEMS THAT MAKE THE
SERVICE AVAILABLE.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL World
Wide Web Solutions Inc OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE SERVICE OR ANY
SOFTWARE OR PRODUCT PROVIDED IN CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOSS OF REVENUES,
GOODWILL, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE,
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
DATABASE RECORDS, PROGRAMS OR SERVICES, EVEN IF World Wide Web Solutions Inc HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSSES.
9. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless World Wide Web Solutions Inc, and its officers,
directors, employees, subsidiaries, affiliates, agents, shareholders, suppliers, and service
providers from any costs, expenses, including, among other expenses, attorneys' fees and expenses,
losses, damages, specifically excluding consequential, exemplary, special, indirect or punitive
damages, suits, claims, or liabilities incurred and arising from or relating to your marketing,
promotion, distribution, use, or offer to use this Service as well as your use of the domain name
under which you are marketing, promoting, distributing, or using this Service. You also agree to
indemnify and hold World Wide Web Solutions Inc, and its officers, directors, employees,
subsidiaries, affiliates, agents, shareholders, suppliers, and service providers harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of any and all mobile content you submit, post, transmit, or make available through the
Service, your use of the Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
10. CHOICE OF LAW AND FORUM
Interpretation and enforcement of this Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, without regard to its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or relating to this
TOS or your use of the Service shall be filed only in the federal or state courts located in the
county of Broward, in the State of Florida, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such claim or action. You
agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to the use of the Service or these Terms of Service must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
11. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and World Wide Web Solutions Inc and governs
your use of the Service, superseding any prior agreements between you and World Wide Web Solutions
Inc with respect to the Service. Except as expressly set forth in Section 1, the TOS may be
modified only in writing signed by World Wide Web Solutions Inc. If any provision of this Agreement
shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be
ineffective to the extent of such invalidity or unenforceability without in any manner affecting
the validity or enforceability of any of the remaining provisions of this Agreement. Any failure by
World Wide Web Solutions Inc to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. You acknowledge that the TOS and any modifications
thereto constitute the complete agreement regarding this subject, and supersedes any prior oral or
written communications relating to this subject. Report any violation to this TOS to:
World Wide Web Solutions
Inc
3912 S Ocean Blvd #1104
Highland Beach, FL 33487 USA
info@yourmobileapps.net
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