Terms and Conditions for use

This agreement ("Agreement") is between TxtOnline.com, ("we," "us" or "TxtOnline") and the user ("you," "user" or "Customer") of TxtOnline's residential or business SMS service and any related services ("Service"). This Agreement governs both the Service and any devices for use in conjunction with the Service ("Device" or "Equipment"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING TxtOnline VIA ONLINE WEBSITE CONTACTUS FORM AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.

Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. TxtOnline reserves the right to terminate the Service immediately and without advance notice if TxtOnline, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for any fee due, payable and chargeable. If TxtOnline, in its sole discretion believes that you have violated the above restrictions, TxtOnline may forward the objectionable material, as well as your communications with TxtOnline and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.

WARRANTIES
THE TERM "TxtOnline" AS USED IN THIS SECTION SHALL MEAN TxtOnline.com AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
TxtOnline MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TxtOnline DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. TxtOnline DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM TxtOnline AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER\u2019S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM TxtOnline AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST TxtOnline TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.

Disclaimer of Liability and Indemnification.
You acknowledge and understand that TxtOnline will not be liable for any Service outage using the TxtOnline Service or to access emergency service personnel due to the characteristics and limitation of the TxtOnline Service as set forth in this document. You agree to defend, indemnify, and hold harmless TxtOnline, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service.

FEES AND PAYMENTS
TxtOnline accepts credit card payment via PayPal or by direct bank deposit on request.
You shall pay all fees and charges, including, but not limited to charges for any products or services offered for sale through the Service, including, but not limited to, TxtOnline products and services or any third-party merchant or service provider. All fees and charges shall be billed to you, or taken out from your prepaid account with TxtOnline. You expressly agree that TxtOnline shall not for any reason whatsoever be liable to refund the full amount or any part of any credit, prepaid, postpaid, fees, charges and taxes paid by you. TxtOnline pricings and offer of service to you are based on you spending with us all your payments (prepaid or postpaid), there is no refund of any unused portion.

Pre-Paid Credit expiry
Prepaid call credit generally does not expire but TxtOnline reserves the right to expire any unused prepaid credit 12 months from date of account creation or 12 months from last account recharge date whichever comes later.

CHANGES TO THIS AGREEMENT
TxtOnline may change the terms and conditions of this Agreement,including but not limited to, its rates from time to time. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the TxtOnline website at www.TxtOnline.com and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your telephone number, whichever occurs first.