TEXT MESSAGING SERVICE
TextAway.com (TextAway, the Service) is provided by TextAway LLC of Chicago, Illinois.

ACCEPTANCE
When you sign up with our Service, you automatically confirm that you accept all terms in this agreement. You can sign up with TextAway irrespective of where you live in the world and your age. Please observe however, that underage persons sometimes need consent from parents. You always act as a private person and only represent yourself.

DESCRIPTION OF SERVICE
TextAway supplies you with a set of services that allow you to send and receive text messages. As part of your account you also agree to receive service related newsletters via email each month. Users can opt-outfrom receiving these communications at any time.

REGISTRATION
When you register, we may ask you to state your name, location, occupation, email, mobile phone number/provider and some additional data about you. If you chose to register your name as part of your email address or elsewhere, you consequently agree to that your name and other information you have provided will be stored and processed in the TextAway database. 

DELIVERY
The SMS network is built on the "best effort" principle. This means that delivery of messages cannot be guaranteed. Through all our years in thebusiness we have over 99% successful delivery rate where over 90% of messages are delivered within few minutes (often seconds). We cannot, however, guarantee delivery of messages.

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 mobile phone number) 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.

MEMBER ACCOUNTS
Member accounts enable account holders to send and receive SMS messages at preferential terms. Member accounts may be canceled at any time.

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 SMS network the roaming and interoperability status, as well as our ability to deliver your messages to or from any network may change without notice.

USAGE
The service supplied by TextAway must not be used for unlawful, inappropriate or criminal purposes. You cannot use TextAway service 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. 

SPAM
TextAway LLC will immediately terminate and delete your TextAway account if it believes that the account is being used for SPAM or unsolicited bulk messaging.  TextAway is bound to deliver a valued service and will NOT TOLERATE SPAM (sending of unsolicited message) of SMS, MMS, EMS or email messages and/or ANY other kind of messages. You, or users of your sub accounts, are NOT permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using your TextAway.com account you MUST comply with the CAN-SPAM, anti-spam legislation laid down the anti spam legislation in your jurisdiction. Failure to do so will result in immediate and irrevocable termination of your account.

Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be born by you. TextAway LLC (the operator of TextAway.com service) does not assume any responsibility for the content of the messages you send via its platform. We hereby underline your responsibility:

The client undertakes that it will not knowingly use the TextAway.com service 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 the TextAway.com service/platform, the client has the prior consent of the recipient of each message before the message is sent.

Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. TextAway LLC does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or download anything from the Internet or (c) for goods, services or transactions using your account.

EQUIPMENT
You must have access to the necessary equipment to use the Internet. You must have access to the Internet and you must pay all costs pertaining to such access.

SYSTEM MAINTENANCE
TextAway LLC maintains computer equipment and software to ensure the highest level of service. Our scheduled database backup and system upgrade is between 2 and 3:00 AM (GMT-6). It is possible that some or all functions will not be available at this time.

CONTACT WITH ADVERTISERS
Members that come into contact with advertisers through this service have the right to contact and communicate with the advertisers as they see fit. All such contacts takes place beyond the control of TextAway LLC and TextAway LLC. cannot under any circumstances be held responsible for the offerings, terms and warranties provided by the advertisers. The responsibility rests entirely on the member and the advertisers.

PRIVACY
Your correspondence is your own private property. TextAway LLC 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 the TextAway site. TextAway 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
You are responsible for your account and your password. TextAway LLC will not be responsible nor liable for any loss you may have that results from an unauthorized access to your account. You should therefore protect your account login (mobile phone number) and password. We strongly recommend that you use non-trivial passwords that contain at least 8 characters including digits, special characters and letters in lower and upper case.

CLOSURE OF SERVICE
TextAway LLC. may at any time close your account or clean its content if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 30 days, 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. TextAway LLC may also limit some of the functionality available to you if you do not logon to your account for more than 90 days. TextAway LLC also retains the right to close the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or for any other reason.

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 TextAway LLC, 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.  
TextAway LLC 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. TextAway LLC 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 on the web site (the Web site) are the property of TextAway LLC. The Web site is protected by United States Federal Law. You may not, without expressed permission from TextAway LLC, 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 TextAway LLC'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 Illinois and the United States of America. In case of a dispute, you agree to submit yourself to the jurisdiction of courts of Illinois or the United States of America.

CHANGES IN THIS AGREEMENT
TextAway LLC reserves the right to alter the terms of this agreement. The right to use the services is subject to your approval of the membership terms applicable from time to time. It is therefore in your interest to keep yourself updated on the membership terms. By continuing to use this service, you accept the new wording of the membership terms.