Terms of 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

When you sign up with our Service, you automatically confirm that you accept any and all terms in this agreement.

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.

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 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:

  1. Subscription privileges stop at the time of cancellation
  2. No refunds for subscriptions will be issued under any circumstances
  3. 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.

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.

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.

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. 

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.

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.

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.

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.

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.

You can request that your account/service be cancelled at any time. No refunds can be issued under any circumstances.

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.

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.

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.

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.

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.

The services are provided on an -as is- basis with no warranty implied or explicit.

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. 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.

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.

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.