This service is provided by SMS.ac, Inc. ("We" or "SMS.ac") to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by SMS.ac. SMS.ac currently offers services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the security and privacy policy, and (iii) all other guidelines posted on the SMS.ac network of sites. SMS.ac reserves the right to change the nature of this relationship at any time without notice to you. You may review the most current version of this Agreement at: http://www.sms.ac/Homepage/TermsAndCons.aspx. In addition, when using particular services of SMS.ac, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by SMS.ac from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their SMS.ac account ("Account") canceled and they may permanently be banned from using SMS.ac. ENTERING a page of the SMS.ac site WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY SITE OF THE SMS.AC NETWORK.

1. Description of Service

SMS.ac is an entertainment service that enables users to create unique profiles (which are made available on the Web and/or mobile devices) and provides users with access to a collection of services and resources, including various communication tools, content, applications, and programming offered from time to time through its network of properties (the "Service"). Please note that profile information will be publicly available for viewing and should be regarded for entertainment purposes only. One benefit of the Service is to enable users to meet and interact with other users. To promote community, We facilitate user interaction and communication by using SMS.ac’s proprietary community technology (“community technology”). The purpose of the community technology is to ease the progression for newer community users to become active community participants and to continuously engage all users to use the Service. One of the features of the community technology is that it may bring non-participants back to the Service or to the forefront of user searches, through smart algorithms employed by products including but not limited to search products such as smsFlirt, smsFriends and "Friends Near You", significantly enhancing the chances of less active users being discovered by other community users, as well as receiving communications. Please note that users are charged on their mobile phone accounts for many such services and communications. SMS.ac also employs community representatives who, among other tasks, remove pornography and hate-communications, assist users by answering questions, and help groups, clubs and especially users to become active participants of the community. SMS.ac and its community representatives reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal of photos, pornography, or hate communications, as well as to communicate with users through the Web site, mobile phone applications, or text messaging, with the objective of encouraging users to become active users of the community. For security purposes, community representatives may use simulated or assumed identities, photos and interests in their profiles. You agree that your public profile information, including but not limited to your display name, photograph, interests and greeting may be utilized by the community representatives or community technology to encourage other users to communicate with you or to interact with the Service. Inactive profiles that have not been utilized by their creators in over 18 months may be removed or modified. All messages and services, whether or not they are delivered to or access your mobile phone, may include a premium message charge on your mobile phone account. You may also be charged for standard messages by your mobile phone provider. Please check your agreement with your mobile phone provider to see if you are charged for receiving standard messages. If you do not wish to receive messages on your mobile phone from SMS.ac or its users, simply reply "stop" to any type of message, and that specific type of message or service will permanently cease. As part of its participation and adherence to the Mobile Consumer Bill of Rights, on a global basis SMS.ac includes opt-out instructions in all premium messages. To permanently stop all messages from all SMS.ac products and delete your SMS.ac account, simply reply "stop all" to any message. Please note that this command will permanently delete your SMS.ac account and all associated data. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new SMS.ac properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that SMS.ac assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in United States Dollars. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must be at least 18 years of age to access and view this Service.
YOU UNDERSTAND THAT SMS.AC MAY MODIFY SERVICES AT ANY TIME AND THAT SMS.AC SPECIFICALLY RESERVES THE RIGHT FROM TIME TO TIME TO ALTER THE SELECTION, FUNCTIONALITY AND PRICING OF PREMIUM SERVICES AND MESSAGES, THE NUMBER OF FREE MESSAGES AND OTHER FREE SERVICES OR ELIMINATE ANY OR ALL FREE OR PREMIUM OFFERINGS ENTIRELY AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTIFICATION. PLEASE CHECK BACK OFTEN TO UNDERSTAND THE LATEST AND CURRENT OFFERINGS, AND SIMPLY REPLY “STOPALL” TO ANY FREE OR PREMIUM MESSAGE TO CEASE ALL FUTURE PREMIUM MESSAGES OR CHARGES.

2. Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SMS.ac has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMS.ac has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). SMS.ac is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) is appropriate for your child. You agree to grant SMS.ac a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers), right to exercise the copyright and publicity rights you have to your Registration Data and any information you provide to SMS.ac or other users within publicly accessible areas of the Service or through the messaging service ("Your Information"), in any media now known or not currently known. SMS.ac will only use the Registration Data and Your Information in accordance with SMS.ac Privacy Policy.
You agree that SMS.ac adds a tag line at the end of the message if the message has enough space for a tag line.

3. User Account, Password, and Security

You will receive confirmation of your User ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify SMS.ac of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. SMS.ac cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. Additional rights and responsibilities to those users also registered as developers can be found in the Pod Developer License Agreement.

4. User Conduct

You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not SMS.ac, are entirely responsible and liable for all activities conducted through your Account. SMS.ac does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will SMS.ac be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in SMS.ac terminating your Account. You agree not to do any of the following actions while using the Service:

1. Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another SMS.ac participant, user, or other individual or entity;
2. Upload, post, email, SMS, or otherwise transmit via the Service any Content that SMS.ac considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
4. Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
5. Cause any screen in the Service to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
6. Impersonate in the Service any person, including but not limited to, an SMS.ac official, forum leader, guide or host;
7. Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;
9. Collect or store personal data about other users;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner;
11. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service.
12. Provide or send any content which may be harmful or detrimental to SMS.ac or its business associates, or which violates any restriction or policy established by SMS.ac or its business associates.
13. In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include:
    1. the sensibilities of the recipient of the transmissions whether they hold a difference religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
    2. transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and
    3. content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense.

Note on unsolicited advertising and spam: SMS.ac policy on using our communication system to market to our users mandates that:

• The sender of any message deemed to be "spam", "marketing" or "mail bombing" to any other user or users will be liable for $100 for each account/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.
• The sender will pay all fees owed to SMS.ac within thirty (30) days of such transmission. Note: this means that if a message like the one described above is sent to a club of 300 users, or to one user 300 times, then you will be liable for $30,000, payable to SMS.ac, within 30 days.

You acknowledge that SMS.ac doesn't pre-screen Content, but that SMS.ac and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, SMS.ac shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SMS.ac, transmitted through the Service, or submitted to SMS.ac. You acknowledge and agree that SMS.ac may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SMS.ac, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. My Money;  Promotional Offers

From time to time at its sole discretion SMS.ac may make special offerings to you of “free money” or “gift certificate” type promotional credit.  You understand, agree and acknowledge that although the term “free money” or “gift certificate” is used, such equates to SMS.ac credits, in accordance with the terms of each special offering. You acknowledge that verification of your mobile phone is required for redemption of any such offer from SMS.ac through your My Money account and that these credits are solely for use with SMS.ac Services and are not redeemable for cash.  These promotions will also be subject to specific time limits and limitations on redemption and usage.  Your mobile phone operator may not support the SMS.ac Services or a particular offer in which case the offer will be null and void.  In the event the balance of promotional credit is depleted and you purchase Content and/or Services through the SMS.ac Services for a fee which exceeds the balance of your promotional funds, the sequence in which monies will be debited from and/or charged through the SMS.ac Service is as follows:  1) “free” or promotional credits (if applicable); 2) earned revenue (if applicable); and thereafter 3) charged to your mobile phone or your credit card as applicable.

7. Public Content Posted on or via the Service

For purposes of this Agreement, "publicly accessible areas of the Service" are those accessible by the general public.

1. With respect to Content you elect to post for inclusion in publicly accessible areas of the Service that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant SMS.ac the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service of SMS.ac to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
2. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant SMS.ac the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

8.  Payment for Content/Application

You acknowledge that SMS.ac shall not be responsible or liable in any way for any Content you may purchase via the Service including the accuracy, usefulness or availability of such Content.  SMS.ac reserves the right to restrict or deny access to Content at any time which you may have purchased.  If such occurs, you are entitled to a refund for the sum paid during that particular month (or portion thereof), or a replacement content/application if available. Cancellations of subscriptions or rentals to Content by you will be effective at the end of the then current subscription or rental term if applicable. No partial refunds will be given.

9. Indemnity

You agree to indemnify and hold SMS.ac, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

10. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. General Practices Regarding Use and Storage

You acknowledge that SMS.ac may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the SMS.ac servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SMS.ac has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SMS.ac reserves the right to log off accounts that are inactive for more than 90 days. You further acknowledge that SMS.ac reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. Modifications to Service

SMS.ac reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SMS.ac shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Termination

You agree that SMS.ac, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SMS.ac believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. SMS.ac may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SMS.ac may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that SMS.ac shall not be liable to you or any third-party for any termination of your access to the Service.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Dealings with Advertisers and Users

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SMS.ac shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In addition, SMS.ac does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Service, You agree that SMS.ac shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or users on the Service.

15. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SMS.ac has no control over such sites and resources, you acknowledge and agree that SMS.ac is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SMS.ac shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. SMS.ac's Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. “SMS.ac Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations that are used by SMS.ac in connection with its website, products and services, including, without limitation, SMS.ac, SMS.ac Always Connected, SMS Flirt, Mobile Flirt, Mobile Pod, Mobile Homepage, Blogcast, Pay Per Click,Mobile Photo Album, and Global Mobile. Third Party Trademarks. All other trademark and service marks appearing on SMS.ac’s web site which do not belong to SMS.ac are the property of their respective owners. Except as expressly authorized by SMS.ac or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. SMS.ac grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SMS.ac for use in accessing the Service. Persons pictured upon the SMS.ac homepage consist of models and are used for illustrative purposes only.

17. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMS.AC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) SMS.AC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMS.AC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

18. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMS.AC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMS.AC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SMS.AC'S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF(A) THE AMOUNT OF FEES YOU PAY TO SMS.AC IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

19. Special Admonition for Services Relating to Financial Matters

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. SMS.ac shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

20. Notice

Notices to you may be made via email, SMS (short message service), regular mail, or the Service may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Service.

21. Copyright Policy

SMS.ac respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SMS.ac's Designated Copyright Agent, Kevin B. Jones, Esq, copyright@corp.sms.ac, the following information:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Service;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The above information should be in writing and sent to SMS.ac's designated Copyright Agent, Kevin B. Jones, Esq, copyright@corp.sms.ac, as specified below:
255 G Street #723
San Diego, CA 92101 USA
It is SMS.ac's policy to terminate the accounts of users who infringe the intellectual property rights of others.

If you have been notified of an allegation that your Content infringes the copyrights of others but believe that your Content does not infringe the copyrights of others, you may provide us with a "counter-notice" providing the following information:
1. Your name, address, phone number and physical or electronic signature;
2. Identification of the Content and its location before removal;
3. A statement under penalty of perjury that the Content was removed by mistake or misidentification; and
4. Your consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body.

If we receive a compliant counter notification we will promptly notify the claiming party of your counter notification.  If the copyright owner does not bring a lawsuit in district court within 14 days, we will then restore the material to its location on its network.

22. General Information

This Agreement constitutes the entire agreement between you and SMS.ac and governs your use of the Service, superseding any prior agreements between you and SMS.ac. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and SMS.ac shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. You and SMS.ac agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California, USA. The failure of SMS.ac to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. "SMS.ac" and "SMS.ac Always Connected" are service marks owned by SMS.ac, Inc., all other trademarks are the property of their respective owners.

23. Violations

Please report any violations of this Agreement by using customer service contact form.

24. Mobile Registration

Your use of this service and interaction with other users is at your own risk. Your profile can be viewed by other users. You may receive messages from SMS.ac or other users at any time. View pricing per country at Mobile Commands Help http://www.sms.ac/mobile/smsCredits.aspx.

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