Terms of Use Agreement

PLEASE READ THE TERMS OF USE CAREFULLY

Blue Sky SMS reserves the right, in its sole discretion, to modify or change this Terms of Use at any time with or without prior notice to you. you should visit the URL of this page or Blue Sky SMS website to review the current Terms of Use on a regular basis. The date of the last update will be posted at the top of this Terms of Use for your convenience. Your continued use of the service following the posting of any changes to the Terms of Use constitutes your full acceptance of those changes. If you have any questions, concerns, or comments about this Terms of Use, you may contact us at info@blueskysms.com.

Blue Sky SMS provides businesses and organizations with a variety of tools to collect names, mobile numbers, IM screen names, and email addresses. Blue Sky SMS's service may NOT be used for sending of unsolicited messages (sometimes called "spam"). See our Anti-SPAM policy.

 

Warranty Disclaimer

Use of the service and any reliance by you upon the service, including any action taken by you because of such use or reliance is at your sole risk. Blue Sky SMS does not warrant the service will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from use of the service. The service is provided "as is" and Blue Sky SMS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

Anti-SPAM Policy

Blue Sky SMS has a no tolerance spam policy. Blue Sky SMS's customer support actively monitors large import lists and messages going to a large number of contacts. Any customer found to be using Blue Sky SMS for spam will be immediately cut-off from the use of the service without refund of any pre-paid funds. If you know of or suspsect any violators, please notify us immediately by contacting Shane A. Jackson @ shane@blueskysms.com. Every out-going message via Blue Sky SMS contains a mandatory unsubscribe link. If the link is removed or de-activated in any way, Blue Sky SMS will terminate the customer's account.

• What is Spam – Spam is the unsolicited email or text message. By sending messages to only those who have requested to receive it, you are following accepted permission based messaging guidelines
• What constitutes a pre-existing business relationship (a required condition for permission-based messaging) – The recipient of your message has made a purchase, requested information, responded to a questionnaire or a survey, or had offline contact with you.
• What constitutes consent – The recipient of your message has made a purchase, requested information, requested to be added to your distribution list, responded to a questionnaire or a survey, or had offline contact with you.

Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

• The service may only be used for lawful purposes
• The service will be subject to monthly subscription fees
• You agree you will not access or otherwise use ANY third party mailing lists for email addresses, instant message screen names, or mobile phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the service.
• You acknowledge and agree that not all messages sent via Blue Sky SMS's service will be received by their intended recipients
• Every message sent in connection with the service must contain Blue Sky SMS's "unsubscribe" link or STOP instruction (in case of mobile text message) that allows the recipient to remove themselves from your mailing distribution list(s)
• You will comply with the restrictions on the content of the messages and the activities using the service as set forth in this Agreement
• You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. In particular, alcoholic beverages or entertainment content or promotions targeted for people over 21 years of age have to be clearly marked with such age limitation.
• You will adopt and maintain the Privacy Policy, which may be modified by blue Sky SMS at anytime for any reason
• Blue Sky SMS, at its own discretion and at anytime, may immediately disable your access to the service without refund if Blue Sky SMS believes in it sold discretion that you have vilated any of the policies listed above or anywhere else in this Agreement
• If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable
• Blue Sky SMS and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy
• No agency, partnership, joint venture, or employment is created as a result fo the Agreement, and you do not have any authority of any kind to bind Blue Sky SMS in any respect whatsoever
• In any action or proceeding to enforce rights under the Agreement, Blue Sky SMS will be entitled to recover its costs and attorneys' fees
• The Agreement shall be governed by the laws of the state where Blue Sky SMS has located its principal place of business without regard to its choice of law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to where Blue Sky SMS is headquartered

INDEMNIFICATION

 

You hereby agree to defend, indemnify and hold harmless Blue Sky SMS and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) otherwise arises from or relates to your use of the services. In addition, you acknowledge and agree that Blue Sky SMS has the right to seek damages when you use the service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special incidental, cover, reliance and/or consequential damage.

TERMINATION

You may terminate this Agreement at any time by notifying Blue Sky SMS's Customer Support. There are no refunds for any fees paid. Blue Sky SMS may terminate this Agreement or the service, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Blue Sky SMS shall have no liability to you or any third party because of such termination or action. Blue Sky SMS may delete any of your archived data within 30 days after the date of termination. If your account is classified (at Blue Sky SMS' sole discretion) as inactive for over 180 days, Blue Sky SMS has the right to permanently delete all of your account data.

 

PROHIBITED CONTENT

Blue Sky SMS prohibits the use of the service by any business, person or entity that:

• Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography, or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instruction on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits children under the age of 18 years of age.
• Sends materials, contents, and promotions of items that are not appropriate for children under 18 years of age based on the general practices of your industry or the community that you serve without clearly identifying age limitation for consuming your content.
• Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers.
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
• Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
• Posts any content that advocates, promotes or otherwise encourages violence against any government, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
• Provides content, including images of authors, artists, photographers or others without the express written consent of the content owner.

PRICING AND TERMS OF PAYMENT

Customers shall choose from the Service package available on the day this Agreement is executed. Customer agrees to be responsible for payment on or before the first of each calendar month for the succeeding month. Payment may be made by check or credit card.

Customer agrees to pay Blue Sky SMS the appropriate payment for the services received from Blue Sky SMS each month. Payments shall be made in advance for the time period for which Service is to be provided. Customer agrees to provide Blue Sky SMS with current billing and contact information and to authorize Blue Sky SMS to bill and account and all related charges to the credit card or online checking information provided to Blue Sky SMS if applicable.

Payment by credit card. If customer's credit card is denied for any reason on the first attempt, Blue Sky SMS will automatically attempt to resubmit Customer's card on the 7th, 14th, 25th and the last day of the month. A credit card resubmission fee of $10.00 will be charged against the account for every instance in which Blue Sky SMS is required to attempt resubmission. Should the card be denied a second time, Blue Sky SMS may terminate the account and resubmission fees must be paid by Customer before the account may be reactivated. All files within the account may be deleted upon termination. Customer may notify Blue Sky SMS in advance of Customer's next billing cycle that Customer desires to make alternative payment arrangement.

Payment made by check. All fees are due and clear Blue Sky's SMS bank account as cleared funds by the 7th of each month. Customer will be charged a $50 fee for a dishonored check. If Customer makes late payments in two (2) consecutive months, Blue Sky SMS may choose to terminate the account at any time and reserves the right to collect all accumulated fees.

 

GOVERNING LAW

Texas law shall govern this Agreement and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. The parties consent to the exclusive jurisdiction and venue of DENTON COUNTY, TEXAS.