hootSMS Terms of Use

Although hootSMS uses Twitter-provided methods to hook into the Twitter API, we are in no way affiliated with, supported or endorsed by twitter.com, its partners or services.

Twitter Basic Terms of Use

Tiwtter have their own Terms of Use - click here to read them from their website.

hootSMS Terms and Conditions of Use

We reserve the right to alter these Terms and Conditions at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account.
We reserve the right to refuse, change or terminate hootSMS services for anyone, for any reason and without notice, at any time;
The SMS service cannot be used for advertising purposes - any breach of this may result in your account being suspended or deleted. Refunds for unused SMS credits will NOT be given;
The SMS service must not be used to broadcast or aid unlawful, libelous, defamatory, deceptive, racist, abusive, threatening or pornographic activities and hootSMS reserve the right to terminate any accounts violating this;
The customer agrees not to reverse-engineer or attempt to access, tamper, block or edit the hootSMS services, its data, network and associated technologies whether they be hardware, software or virtual;
The customer must take all necessary precautions in order to protect their hootSMS login details. hootSMS will not be held responsible for unauthorised access and editing of your account and/or the loss of data or credits;
hootSMS reserve the right to monitor SMS Traffic with automatic Spam-Pattern-Engines to detect misuse;
For the sake of our own security , hootSMS reserve the right to lock any service without notice to the customer if abusive use is suspected;
As we have no control over external networks, hootSMS does not guarantee that SMS messages will arrive in a timely manner, or arrive at all;
hootSMS does not assume liability for the compatibility or suitability of the the hootSMS service with data, programs, configurations etc. of the customer. In particular hootSMS will not incur any expenses, remuneration, expenditures or uses for the integration or failure of such services;
By using the hootSMS services and website, the customer keeps hootSMS, its staff, associates and users free from any third party claims which may arise from Data Protection, Copyright Infringement or Intellectual Property issues as a result of the customer's activities

Violation of any of these agreements will result in the termination of your hootSMS.com account. While hootSMS.com prohibits such conduct and content on its site, you understand and agree that hootSMS cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the hootSMS.com service at your own risk.

Payment

All SMS messages despatched, whether successfully delivered or otherwise, must be paid for;
The payment of the SMS service takes place in advance, via PayPal, unless agreed differently;
Price adjustments: If hootSMS.com has additional costs due to price adjustments of external partners, hootSMS has the right to adjust its price structure accordingly;
As hootSMS pre-purchase SMS in bulk from third-party providers, no refunds can be given. In rare cases, hootSMS may offer price refunds on unused credits upon written request (not email);
The price advertised is the price you pay - there is no VAT or carriage charge;

Warranty

YOU AGREE THAT YOUR USE OF HOOTSMS.COM AND ASSOCIATED INTERNET NAME-SPACES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOOTSMS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, IN CONNECTION WITH HOOTSMS.COM AND YOUR USE THEREOF. HOOTSMS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HOOTSMS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH HOOTSMS.COM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOOTSMS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING HOOTSMS.COM PRODUCTS AND SERVICES SOLD THROUGH OUR ONLINE MERCHANDISERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL HOOTSMS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA HOOTSMS.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.