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LIBRARYSMS - TEXT
MESSAGING SERVICE
LibrarySMS is a text messaging service provided by
Upside Wireless Inc. an Incorporated Company located at #1401-1211 Melville St. Vancouver, BC. V6E 0A7, Canada
ACCEPTANCE
When you sign up with our Service, you automatically
confirm that you accept any and all terms in this agreement.
DESCRIPTION OF
SERVICE
LibrarySMS is a text messaging service that allows you
to communicate with the patrons of your library using
text messaging. The service includes the use of a short code or one or more VirtualSMS numbers that are assigned to your account. The service requires term subscription which can be monthly, quarterly, semi-annual or annual. There are several typical use
scenarios:
- Library reference service - a patron sends a
question to your library using her cell phone. Our
service accepts the message and makes it available
to one or more of your staff through an on-line
account and as email. Your staff can then perform
requested action and answer the question. The
question is sent to the requester's mobile phone
- Group management - you can create special mobile
groups and allow patrons to become members by
signing up from their mobile phones. You can send
group alerts to all current subscribers
- Reminders - You can send reminders and late
notices to your patrons
Upside supplies you with a set of web and application
programming services that allow you send and receive
text messages using online interface or your existing
email client. LibrarySMS is a paid service and payment for the service is due on the 1 day of each term period.
REGISTRATION - QUALITY OF DATA
The information that you state to us when you register
must be updated, correct and complete. Please note that
accounts with invalid information (for example e-mail
account, name or country) may be deleted as our sole discretion,
together with all associated information. It is your responsibility
to make sure that your information is up-to-date.
SUBSCRIPTION ACCOUNTS
Subscription accounts enable account holders to send and
receive SMS messages at preferential terms. The payment
for a subscription is executed on the first day of the term, on the day the
subscriber first joined the program. Subscriptions can
be cancelled under the following terms:
- Subscription privileges stop at the time of cancellation
- No refunds for subscriptions will be issued under
any circumstances
- Any unused messages expire at the end of
subscription
To cancel your subscription, please login to your account and click on the Contact Us link. Then request that the subscription be cancelled.
USAGE
This account is supplied to you by Upside and must not be
used for criminal purposes or in a way that disturbs other
users or intrudes on other persons or on their property.
You are responsible for ensuring that the information
you provide using our services is legal and in accordance
with normal morals and the general ethics which apply
on the Internet. Consequently, you are not allowed to:
encourage a crime or assist anyone who encourages a crime
in any way, make or distribute statements which discriminate
or emphasize anyone's race, skin colour, sex, religion,
ethnic origin or sexual orientation, distribute pornographic
pictures or pictures which portray gross violence, force
or brutality, make or distribute statements which are
offensive or insulting. If you do any of the following
your account will be deleted without warning of any kind.
IMPORTANT: You cannot use LibrarySMS to send
marketing or advertising messages.
API CONNECTIVITY
If your account has API connectivity, you can use the
API to initiate sending of text messages from your
application. Messaging must comply
with this terms of service. You can have one connection
to our service at any time. Attempting to make multiple
API connections will suspend your account indefinitely.
SHORT CODE, LONG CODE
If you choose LibrarySMS account with a shared short
code we will allow you access to short code 77777. All
messages that your patrons send to you will be sent to
77777 and will need to be prefixed with a keyword that
is assigned to your account. All messages sent from your
account to your patrons will originate from 77777.
If your LibrarySMS account uses a dedicated
VirtualSMS, we will allow you access to one 10-digit
number (for example 6045555555). Any message received
from carrier networks sent to your VirtualSMS number
will be delivered to your account. If you use
shared VirtualSMS number all messages that your
patrons send to you will be sent to such number and will
need to be prefixed with a keyword that is assigned to
your account.
SPAM
You can send messages ONLY to people who have explicitly
expressed interest to receive messages from you. All
other messages are treated as SPAM.
Upside Wireless Inc. will immediately terminate
and delete your account if it believes that the account
or any of its sub accounts is or has been used for SPAM
or unsolicited bulk messaging.
The client undertakes that it will not knowingly
use Upside's services for any illegal, immoral or
improper purpose or in any manner which contravenes the
law or regulatory requirements of the appropriate jurisdiction
or knowingly in any way which is indecent or offensive
or in any way that could be considered as Spamming, and
undertakes not to allow any third party to do so. The
client explicitly confirms that for each SMS-MT it sends
to Mobile Subscribers via Upside services/platforms,
the client has the prior consent of the recipient of each
message before the message is sent.
CUSTOMER SUPPORT
Any customer support issues are to be logged through the Contact Us link in your on-line account. This enables our customer support team to
prioritize and assign your request to the most appropriate resolution team.
We offer 2 hour response during regular business hours (8
AM - 6 PM, Monday to Friday, Pacific Time) and 8 hour response time off-hours.
SYSTEM MAINTENANCE
Upside Wireless Inc. maintains computer equipment and
software to ensure the highest level of service. Any scheduled
maintenance is announced on the landing page of your
on-line account no less than 10 days ahead of time. Any
urgent scheduled windows are announced by email - to the
registered email address in your account.
INTEROPERABILITY
The ability to send and receive SMS messages is subject
to subscriber contracts, roaming agreements and billing
configuration. Due to the nature of the global SMS network, roaming and interoperability status,
status of handsets at the time of sending as well as our
ability to deliver your messages to or from any network
may change without notice.
We do NOT guarantee that messages you send using our
service will be delivered. We can also not guarantee
receipts of messages.
QUALITY OF SERVICE
You use your account and information from the Internet
entirely at your own risk. Upside Wireless Inc. does not
take responsibility for: (a) that the service will be
without faults or delays, (b) messages will be received
or delivered as this depends on the conditions of
carrier networks which, ultimately, provide the service
to each phone used by you or your users (c) for goods, services or transactions
using your account.
CANCELLATION AND REFUNDS
You can request that your account/service be cancelled
at any time. No refunds can be issued under any
circumstances.
DATA RETENTION
The information you provide is stored for a minimum of
one year. If you use our service to process messages are
also stored for one year, after which time they may be
archived. If you use external applications to process
messages (apply business logic that are received/sent),
messages will not be stored in our system.
INACTIVE/DORMANT
ACCOUNTS
An account becomes dormant after 90 days if inactivity.
All data in the account may be deleted at this time or
at any time thereafter. An account becomes inactive
after 180 days of inactivity at which time or any time
thereafter the account may be deleted. Once deleted an
account or data in it cannot be restored.
PRIVACY
Your correspondence is your own private property. Upside
Wireless Inc. takes no responsibility whatsoever for the
content in the correspondence of its members. Nor does
it take any responsibility whatsoever for activities that
may take place as a consequence of communication via Upside's sites. Upside will not read, change, destroy or forward
the contents of your correspondence, unless entitled to
do so by this agreement or forced to do so by law, regulation
or any extraordinary circumstance. Please read more on
our
privacy policy here.
INTEGRITY
Protect and change your password often. You are
responsible for your account and your password. Upside
will not be responsible for any loss you may experience
from someone accessing your account.
CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account
if: (a) you supply misleading information at the time
of registration, (b) you do not use (access) your account
within a time span of 3 months, if (c) you do not follow
the terms stated in this agreement, (d) the use of your
account contravenes the law or the conditions in this
agreement, (e) there is reasonable suspicion that a crime
has been committed, (f) if you do not maintain a valid
e-mail address or (g) if there is a suspicion that you
used your account to send SPAM. Upside Wireless Inc. may
also limit some of the functionality available to you
if you do not logon to your account for more than 15 days.
Upside Wireless Inc. also retains the right to close Upside text messaging
services at any time, temporarily or permanently, in case
of force majeure, bankruptcy, liquidation or any other events.
WARRANTY, RESPONSIBILITY
FOR FAULTS, ETC.
The services are provided on an -as is- basis with no
warranty implied or explicit.
INDEMNIFICATION
You agree to indemnify and hold Upside Wireless Inc.,
its parents, subsidiaries, affiliates, officers and employees,
harmless for any claim, demand, or damage, asserted by
any third party due to or arising out of your use of or
conduct on the system. The Service is provided without
any guarantees explicit or implied.
Upside Wireless Inc. is not responsible for direct, indirect
or other damage suffered by the User or a third party
as a result of using the Service, faults in the Service
or interruption to or termination of the Service. Upside
Wireless Inc. is also not responsible in any way for the
content or the delivery of the messages which the User
has sent or received via the Services.
COPYRIGHT
COPYRIGHT. This web site, the web site technology and
all content from time to time displayed by Upside Wireless
Inc. on the web site (the Web site) are the property
of Upside Wireless Inc. The Web site and all services
offered are protected
by Canadian and international law and conventions for
the protection of industrial and intellectual property
rights. You may not, without expressed permission from
Upside Wireless Inc., copy or to the public display the
Web site or the Web site in part or parts. You also may
not mirror the Web site on your home page. Your use of
the Web site does not create a license or any other rights
in Upside Wireless Inc.'s trademarks, services, copyrights,
or any other intellectual property or proprietary rights.
DISAGREEMENTS
This agreement shall be governed by and construed in accordance
with laws of province of British Columbia, Canada. In case of
a dispute, you agree to submit yourself to the jurisdiction
of courts of British Columbia, Canada.
CHANGES IN THIS
AGREEMENT
Upside Wireless Inc. reserves the right to alter the
terms of this agreement. By continuing to use this
service, you accept the new wording of the membership
terms. It is therefore in your interest to keep yourself
updated on the membership terms.
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