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Terms and Conditions


NOTICE TO ALL USERS: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE OF SmsMarketingCompany.com ("SOFTWARE") BY eKomas, Inc. ("eKomas"). BY ENTERING SMSMARKETINGCOMPANY.COM, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.


1. Definitions. "SmsMarketingCompany.com" is the interactive on-line service operated by eKomas, Inc. ("eKomas") on the World Wide Web of the Internet, consisting of text messaging services, information services and content provided by eKomas, affiliates of eKomas and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of SmsMarketingCompany.com.


2. General.

  • (A) This Agreement, which incorporates by reference other provisions applicable to use of SmsMarketingCompany.com. By using SmsMarketingCompany.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use SmsMarketingCompany.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any email address or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
  • (B) eKomas shall have the right at any time to change or discontinue any aspect or feature of SmsMarketingCompany.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.


3. Changed Terms. eKomas shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of SmsMarketingCompany.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SmsMarketingCompany.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of SmsMarketingCompany.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.


4. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SmsMarketingCompany.com and all charges related thereto.


5. Subscriber Conduct.

  • (A) Subscriber shall use SmsMarketingCompany.com for lawful purposes only. Subscriber shall not post or transmit through SmsMarketingCompany.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without eKomas's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in eKomas's discretion restricts or inhibits any other Subscriber from using or enjoying SmsMarketingCompany.com will not be permitted.
  • (B) SmsMarketingCompany.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SmsMarketingCompany.com are copyrighted as a collective work.
  • (C) Subscriber shall not upload, post or otherwise make available on SmsMarketingCompany.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SmsMarketingCompany.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted eKomas the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants eKomas the right to edit, copy, publish and distribute any material made available on SmsMarketingCompany.com by Subscriber.
  • (D) The foregoing provisions of Section 5 are for the benefit of eKomas, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


6. Disclaimer of Warranty; Limitation of Liability.

  • (A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SMSMARKETINGCOMPANY.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER eKomas, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SMSMARKETINGCOMPANY.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SMSMARKETINGCOMPANY.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SMSMARKETINGCOMPANY.COM.
  • (B) SMSMARKETINGCOMPANY.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  • (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT eKomas IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
  • (D) IN NO EVENT WILL eKomas, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SMSMARKETINGCOMPANY.COM OR THE SMSMARKETINGCOMPANY.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SMSMARKETINGCOMPANY.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SMSMARKETINGCOMPANY.COM.
  • (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, eKomas, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SMSMARKETINGCOMPANY.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, eKomas, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.


7. Monitoring. eKomas shall have the right, but not the obligation, to monitor the content of SmsMarketingCompany.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by eKomas and to satisfy any law, regulation or authorized government request. eKomas shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SmsMarketingCompany.com. Without limiting the foregoing, eKomas shall have the right to remove any material that eKomas, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless eKomas, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SmsMarketingCompany.com by Subscriber or Subscriber's Account.


9. Termination. eKomas may terminate this Agreement at any time. Without limiting the foregoing, eKomas shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which eKomas, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.


10. Trademarks. eKomas, SmsMarketingCompany, and SmsMarketingCompany.com and each of their logos are trademarks of eKomas. All rights reserved. All other trademarks appearing on SmsMarketingCompany.com are the property of their respective owners.


11. Third Party Content. eKomas is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, eKomas has no more editorial control over such content than does a public library, bookstore, newsstand, or advertisement medium. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of SmsMarketingCompany.com, are those of the respective author(s) or distributor(s) and not of eKomas. Neither eKomas nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through SmsMarketingCompany.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with eKomas. eKomas neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SmsMarketingCompany.com by anyone other than authorized eKomas employee spokespersons while acting in their official capacities. Under no circumstances will eKomas be liable for any loss or damage caused by a Subscriber's reliance on information obtained through SmsMarketingCompany.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SmsMarketingCompany.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


12. Refund and Usage Policy. All products and services provided by SmsMarketingCompany.com are NO REFUND. All Sales are final. All SMS Credit purchased from SmsMarketingCompany.com will be expired in 120 days. All unused SMS Credit will NOT be refund to he subscribers.


13. Miscellaneous. This Agreement and any operating rules for SmsMarketingCompany.com established by eKomas constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Country of Malaysia , without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.