freetxt.net

Membership Agreement between Members of the Freetxt.com's Website and related Services (“Freetxt”) and LindsayHart Online (“LHO”)

You have the opportunity to take independent legal advice on the terms of this agreement before deciding to become a member of Freetxt. Your use of Freetxt and/or your acceptance of these terms, conditions, and notices without modifying them constitute agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use Freetxt’s Members services.

The information provided on Freetxt has been provided in English, which is the home language of Freetxt. If you would like to see a copy of Freetxt material including this agreement in another language prior to proceeding please contact us immediately stating clearly the language you would prefer. In proceeding you warrant that you believe this agreement to be reasonable in its entirety.

Freetxt is operated by LindsayHart Online. LindsayHart Online can be contacted by post to 10 Purbeck Court, Egerton Road, Park Barn, Guildford, Surrey GU2 8DS.

LHO can be reached via e-mail at query@LindsayHart.co.uk Any third party site that you can access through our sites are not covered by LHO’s Membership Agreement and privacy provisions and we accept no responsibility or liability for these sites.

MEMBERSHIP BENEFITS

To become a member of Freetxt you need to fill in the registration form and confirm that you accept the terms of this membership agreement and the access agreement. LHO can refuse to accept any membership application for any reason and LHO need not give a reason for refusal. LHO also reserves the right to be able to cancel membership at any time without notice for any reason.

If your membership application is successful you will be allowed to use your password which allows access to Freetxt member features. This password is for you alone and is not to be used by anyone else - it can not be transferred. You must also keep your password confidential and you must not disclose it to anybody else. You agree to notify us of any unauthorised use of your password. You are responsible for ensuring that no unauthorised access to the Freetxt member services is obtained through your password. You are liable for activities conducted through your password, whether authorised or not, until you have notified us of such unauthorised use and we have cancelled the password.

Freetxt members should respect the rights of others. Whilst LHO reserves the right to refuse to post or transmit or to remove any material (including but not limited messages, SMS, ringtones and logos in whole or in part) the posting or transmission of which would in LHO’s sole discretion violate any right of any person or constitute an offence or a breach of any LHO policy (including this agreement and the access agreement) LHO has no obligation whatsoever to monitor any material on Freetxt or to edit, delete or refuse to post or transmit any material. Without limit to the other terms in this agreement you are prohibited from including in any SMS message sent using Freetxt anything which could be construed as unlawful, hate mail, defamatory, harassment (sexual or racist) or discriminatory. Individual members will be held liable for the content of any SMS sent or logo designed.

You acknowledge that the internet and SMS are inherently flawed and that some e-mails, internet messages and SMS messages never make it to their intended destination or do so after a significant delay. You should not send important messages using Freetxt and LHO cannot guarantee the delivery of any message sent over the Freetxt system. All logos created or transmitted to Freetxt should not represent registered trademarks or other protected third party rights and individual members will be held liable for infringement of any rights which do exist. Some of the logos provided as part of Freetxt have been designed by individual members and LHO do not carry out any checks as to whether these designs infringe third party intellectual property rights. LHO makes no representation and does not warrant that any logo provided as part of the services of Freetxt does not and will not infringe a third parties intellectual property rights. All intellectual property rights which are created by you from use of Freetxt including logo designs will belong to LHO.

If you have any complaints in relation to Freetxt email admin@FreeTxt.net.

• Credits
  Please note that all free credits SMS or otherwise are given to users at the digression of LHO. LHO Reserves the right to alter the number of credits given at any time. Please note that if an account is not accessed for a period of long than 30 days, stored credits will no longer be valid. Please note that this does not affect daily credits.
• Children
  Please Membership to Freetxt is prohibited to children in the US under the age of 13 or to children in any other jurisdiction where it is unlawful to provide personal information or to use this site. Specifically, and without limit to the rest of this agreement, LHO reserves the right to cancel membership at any time if it becomes aware that these provisions have been breached.

WHAT PERSONAL INFORMATION ABOUT MEMBERS DOES FREETXT GATHER?

The information we learn from members helps us personalise and continually improve your experience at Freetxt. Here are types of information we gather:

• Information you give us
  We receive and store any information you enter on our website or give us in any other way. You provide this information when you search, participate in a contest or questionnaire or communicate with customer service, make an order; provide information when you register as a member; participate in the daily vote or communicate with us by phone, e-mail or otherwise. As a result of those actions you might supply us with such information as your name, address, post code, mobile or other telephone number, date of birth, gender, credit card information, information on how you use our products and services (such as type, date, time, location and duration of calls or messages, the number of calls and how much you spend and information on your browsing activity when visiting our websites) and any other information with respect of your use of our products and services. We might also ask for other specific information from time to time. We use the information that you provide for such purposes as responding to your requests, customising future use of the website for you, improving our site and communicating with you. We also use this information for marketing purposes as outlined in this agreement.
• Automatic information
  We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and “webbugs”, and we obtain certain types of information when your web browser accesses Freetxt.com. Third parties might also do this on our site. Examples of information we collect and analyse using technology which is not readily apparent include the Internet Protocol (IP) address used to connect your computer to the internet; log in; e-mail address; password; computer and connection information such as browser type and version, operating system and platform; purchase history; the full Uniform Resource Locators (URL), click stream to, through and from our website, including date and time; cookie number; pages viewed or searched for; your site history, and phone number used to contact us. A number of companies offer utilities designed to help you visit websites anonymously. We want you to be aware that these tools exist.
• E-mail and SMS communications
  To help us make e-mails and SMS more useful and interesting, we often receive a confirmation when you open e-mail or SMS from Freetxt if your device supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail, SMS or other mail from us, please let us know by sending an e-mail to Admin@Freetxt.net.
• Information from other sources
  For reasons such as improving personalisation of our service (for example providing special offers that we think will interest you), we might receive information about you from other sources and add it to our account information.
• What are Cookies and Webbugs?
  Cookies are pieces of information that we transfer to your computer’s hard drive through your web browser when you are viewing the website. These pieces of information allow the website to act on information that will make your use of this site more rewarding. We use cookies to enable our system to recognise your browser and to provide features such as easier login and greater security and for storing information about you between visits. None of these cookies contain your password, mobile phone number or address details in text format.
  
  The “help” portion of a toolbar on most browsers will tell you how to protect your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However if you turn cookies off you won’t have access to some of the features that make the site more efficient and services may not function properly.
  
  Webbugs are minute images (commonly 1 pixel x 1 pixel) that transmit data on use of the internet back to a computer specified by the webbug. Information fed back by web bugs is often similar to the sort of information you will find in a cookie, such as the sites that you have recently visited and potentially the characteristics of the machine that you were using. You can find out more about webbugs by visiting http://www.bugnosis.org/faq.html#web%20bug%20basics – that site also tells you what you can do to find out what a webbug is doing or how to stop it coming to your computer altogether. Again please remember that if you do not accept webbugs you might not have access to some of the features that make the site more efficient and services may not function properly. We also cannot guarantee that any anti-webbug software you install will not cause harm to your computer.

DOES FREETXT.NET SHARE THE INFORMATION RECEIVED?

Information about our customers is an important part of our business and we use personal information in a limited number of ways. If there is value for Freetxt we do share customer information as described below.

• Affiliated businesses we do not control.
  We may work with closely with affiliated businesses to provide services for you. We will share user information with these businesses.
• Agents.
  We employ other companies or individuals to perform functions on our behalf. Examples include the removing of repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer service.
• Promotional offers.
  Sometimes we send offers to selected members of Freetxt.
• Business transfers.
  As we continue to develop our business we might sell or buy other assets. The legal status of LHO or its ownership could also change. In this type of transaction, customer information generally is one of the transferred business assets. You acknowledge that your data could be transferred as part of the process.
• Marketing organisations.
  From time to time we provide member’s e-mail, SMS, and/or address details to organisations whose products and services we think you might find interesting. If you do not want your information passed on please let us know to enable us to update our records.
• Third party advertisers.
  Once you have clicked on an advertisement you have left Freetxt’s site, and we cannot be responsible for what happens on that site. You must read the privacy policy of the advertiser to see how your personal information will be handled on their site. In addition many business advertisements are managed and placed on our site by third party companies. Information which is may be collected when you click or scan on the banner adverts or when they appear on your browser. To stop this happening you should consider disabling cookies and/or webbugs as we have explained already. Freetxt uses ad servers to serve the advertisements that you see on the pages of Freetxt. That partner may use cookies in the process of serving advertisements.
• Organisations that help protect the security and safety of our members.
  We will give out personal information as required by law, for example to comply with a Court Order, to enforce our terms and conditions or to protect the safety and security of consumers on our site.

HOW SECURE IS THE INFORMATION ABOUT ME?

The importance of security for all personally identifiable information associated with our members is of utmost concern to us. We take technical, contractual, administrative and physical steps to protect all of the member information we hold.

It is important for you to protect against unauthorised access to your password and to your computer. Be sure to log out when using a shared computer and take steps to make sure that information about your password and credit card and any other personal information has not been stored by that computer or a network connected to it.

WHAT CHOICES DO I HAVE?

You can request at any time that Freetxt do not send future e-mails or SMS to you either by contacting us at admin@FreeTxt.net

The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether.

You can visit sites on the internet that will tell you more about webbugs and what to do about them.

There are products which allow anonymous browsing.

CONDITIONS OF USE

This agreement is governed by the laws of England, where Freetxt originates and is designed to be accessed and is deemed to be made in England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of Freetxt. Use of Freetxt is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. By applying for membership of Freetxt you agree that you have read the access agreement and all of its contents.

This agreement and the access agreement may be altered as our business changes constantly and for this reason you should regularly visit the membership agreement on the site as the current version will be binding upon you.

 

 

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Access Agreement between Users of the Freetxt.net Website and Related Services (Freetxt) and LindsayHart Online (LHO)

Freetxt is offered as a free service to you, the user. You have the opportunity to take independent legal advice on the terms of this agreement before continuing to use Freetxt. Your use of Freetxt and/or your acceptance of these terms, conditions, and notices without modifying them constitutes agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use Freetxt.

The information provided on the Freetxt website has been provided in English, which is the home language of Freetxt. If you would like to see a copy of Freetxt material including this agreement in another language prior to proceeding please contact us immediately stating clearly the language you would prefer. In proceeding you warrant that you believe this agreement to be reasonable in its entirety.

Operator Details

Freetxt is operated by LindsayHart Online. LindsayHart Online can be contacted by post to 10 Purbeck Court, Egerton Road, Park Barn, Guildford, Surrey GU2 8DS. LHO can be reached via e-mail at Query@Lindsayhart.co.uk

Copyright and Trademark Notices

All of the Freetxt logos are the property of LHO. Other product and company names mentioned on the Freetxt website or other websites or services accessed through the website may be the trademarks of their respective owners. All contents of this website are copyright ©2006 LindsayHart Online, are protected by database rights and may also be protected by other means.

No part of the Freetxt service, including the website and any e-mails or text messages we send, may be reproduced in any form whether electronically or otherwise without the prior written consent of LHO, other than in the cache of your computer or the SIM card of your mobile phone in the course of using the Freetxt service. You must retain all copyright or trademark notices contained on this site on any copy you make of it or part of it. You may not sell or modify what is on the Freetxt service or reproduce, display, publicly perform, distribute, or otherwise use the material on it in any way for any public or commercial purpose. The use of the material on any other website or in a networked computer environment for any purpose is prohibited.

Data Protection

LindsayHart Online is deemed notified to process data under the Data Protection Act 1998. You consent to use of any personal details you give for internal administrative purposes, for marketing, and for release to third parties either for gain or without charge. Without limit on what we agree in the rest of this agreement you understand that LHO may sell Freetxt or may change its ownership and the data it holds might be sold to a third party as part of that change in structure. Data could be transmitted outside the UK but LHO will at all times adhere to the data protection principles outlined in the Data Protection Act 1998. If you give fax, phone, text or e-mail details you authorise LindsayHart Online or its associates, or anyone given permission by LHO, to contact you using that method, including contacting you for marketing purposes. If you decide that you no longer wish us to communicate with you, or the details we hold on you change, or you decide to register with the Telephone Preference Service or Fax Preference Service in the UK or any equivalent you agree to tell us to enable us to update our records.

LindsayHart Online is able to provide the Freetxt service only by selling advertising space and data to third parties. From time to time the Freetxt website, or the adverts on it, might use cookies, web bugs or other means to gather information from visitors to the site. Most internet browsers will allow you to change your settings to restrict the use of this technology. If you would like more information about this please e-mail us at Admin@Freetxt.net. Freetxt uses ad servers to serve the advertisements that you see on the pages of Freetxt. That partner may use cookies in the process of serving advertisements.

Limitation on Types of Use

You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from Freetxt. You may not use Freetxt for anything other than the purpose outlined in this access agreement and you may not use spiders or other robotic software tools to gather information from the website or use any applications which could lead to harm to the Freetxt site. You may not use the Freetxt service to suggest an association with Freetxt or LindsayHart Online without the prior written consent of LHO.

Liability Disclaimer

Please Read Carefully as this Clause Limits your Ability to Claim Damages
The main purpose of Freetxt is to provide SMS messaging in the UK and abroad.

LindsayHart Online makes every effort to check the accuracy of information published on Freetxt. You should note however that LHO does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information, products, and services offered on Freetxt may include inaccuracies or typographical errors. In particular, and without limitation to the rest of this agreement, LHO is not able to guarantee that its service will continue or be accurate during time of server failure.

Information contained in, or accessible via, Freetxt changes on a regular basis. LHO may make improvements or alterations to Freetxt at any time and without notice. LHO is not responsible in any way whatsoever for the content of any site accessed using this website, nor can it warrant that use of Freetxt will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using Freetxt on your computer, PDA or phone.

LindsayHart Online is not in a position to know for what purpose you will use information or data provided by Freetxt and so cannot insure against loss. LindsayHart Online makes no representations about the suitability of the information, products, and services contained on, or accessed via, Freetxt for any purpose. All warranties, terms and conditions with regard to this information, products, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law. Some of the logos provided as part of Freetxt have been designed by individual members and LHO do not carry out any checks as to whether these designs infringe third party intellectual property rights. LHO makes no representation and does not warrant that any logo provided as part of the services of Freetxt does not and will not infringe a third parties intellectual property rights.

LindsayHart Online shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of Freetxt, or with any delayed access to, or inability to use Freetxt, or for any information, products, and services obtained through Freetxt, or otherwise arising out of the use of Freetxt, whether based on contract, tort, strict liability or otherwise, even if LHO has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

Links to Third-Party Sites

The Freetxt website may contain hyperlinks to websites operated by parties other than LHO. These hyperlinks are provided for reference only. LHO does not control these websites and is not responsible for their contents.

A reference on this site to any persons, products, web sites or services does not constitute or imply their endorsements, recommendation or favouring by LHO. The inclusion of hyperlinks to these websites does not imply any endorsement of the material on them or any association with their operators. In particular, and without limitation to the rest of this agreement, LindsayHart Online has no control over any newsgroups, chat rooms or e-mail discussion forums which you may come across via this site. Additionally, and again without limitation to the rest of this agreement, you should not download pornographic, racist or obscene material from the internet. LindsayHart Online reserves the right to remove any hyperlink at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the site (or anything on the site), please inform LHO immediately via e-mail to Query@Lindsahart.co.uk. If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at http://www.iwf.org.uk/.

Messages from LHO

Any e-mail or other form of communication between representatives of LindsayHart Online and other parties will be deemed covered by the terms of this agreement.

Messages to LHO

You are responsible for your own communications and are responsible for the consequences of their posting. If you submit information to us, by doing so you give us a non-exclusive royalty free licence to use it.

Without limit to the legal requirements already imposed on you, you must not (and by e-mailing us you agree not to) do the following things: post material that reveals trade secrets (unless you own them or have the permission of the owner and the owner does not object to them entering the public domain); post material that infringes on any other intellectual property rights of others, which breaches the professional ethics of a profession or the privacy of others; post material that is obscene, defamatory, threatening, harassing, abusive, sexually explicit or discriminatory; or pretend to be another person.

Membership

We only accept members on our standard terms and conditions contained in our membership agreement. Please click here to see them.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to LHO that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Other General Terms

This agreement is governed by the laws of England, where Freetxt originates and is designed to be accessed and is deemed to be made in England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of Freetxt. Use of Freetxt is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and LHO as a result of this agreement or use of Freetxt. Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected.

This agreement constitutes the entire agreement between you and LHO with respect to Freetxt (save that should you also be a member of Freetxt the provisions of the membership agreement will run in addition) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LHO with respect to Freetxt (other than any membership agreement relating to membership of Freetxt). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of Freetxt.

Variation of these Terms and Conditions

LindsayHart Online reserves the right to change the terms, conditions, and notices under which Freetxt is offered. We will do this by altering the access agreement on our website and this alteration will then be of immediate effect. For this reason you should regularly visit the access agreement on the site as the current version will be binding on you