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Terms and Conditions of Service
Implied acceptance of terms
Usage of the SMSKeeper.com service implies your acceptance and agreement with the terms and conditions set out below.
Operation of Service
The SMSKeeper™ service was designed and developed by, and is operated by comcetera™ ltd, a limited liability company registered in England - Company No 6058188. Please address any correspondance to: 13 Freeland Park, Poole, BH16 6FH England.
Privacy and storage of data
In order to provide the SMSKeeper™ service we will store any SMS messages sent to our "access numbers" (as advertised on our website at www.smskeeper.com). We will also store the information of any of your contacts as entered into the website for the purpose of allowing you to organise your messages. This information is stored on our servers, and may need to be accessed by comcetera ltd only for the purposes of maintaining the SMSKeeper™ service. This information will never be used for any purpose other than for providing the SMSKeeper™ message storage service, as advertised on www.smskeeper.com, nor passed to any third party under any circumstances unless required for legal or law enforcement purposes. We keep basic logs of website and SMS access for purposes of server maintenance.
Other than the details listed above, no other personal details or records are kept.
Responsibility of use & Copyright waiver
Use of the SMSKeeper™ service, by forwarding your messages to our access numbers implies your permission for comcetera ltd to store the messages, and to reproduce them on your private account page on our website. You retain any existing copyright ownership of your messages, but usage of the service implies your granting of rights for us to electronically store your messages for the purposes of providing the SMSKeeper™ service as advertised on www.smskeeper.com. You may delete your messages and contact information from our servers at any time using the delete function in your account via our website. Copies of your messages may remain on our backup systems for up to 4 weeks.
You agree not to use the SMSKeeper™ service to store any information or text which is not yours, or to which you do not own rights. You agree not to use the SMSKeeper™ service for any illegal, immoral, or improper purpose, or for the distribution or storage of any text or data which is subject to copyright restrictions, or which would be illegal. If any users are found to be, or suspected to be using the service for any illegal, immoral, or improper purposes, or in a way which could impede or impact the use of the service by legitimate users, the related accounts will be terminated without warning or recourse. Any details required by, or which should morally be provided to law enforcement agencies as a result of such actions will be disseminated as deemed appropriate by comcetera ltd.
By using the service, you accept full responsibility for the transfer of any data through, or held by the service, and agree to protect and hold innocent comcetera ltd and its directors, officers, and employees from any legal repercussions of your use of misuse of the service.
We own the SMSKeeper™ database in which your messages may be stored, but do not claim any ownership on the messages themselves, nor any copyright ownership on the content contained therein.
Legal admissability of stored data
SMSKeeper™ is provided as a convenience service to store messages for personal use, for personal reference or sentimentality. Due to the nature of how the system receives messages, we cannot prove that any messages forwarded to SMSKeeper™ for storage were ever sent or received by any other third party, as there is the possibility that the message content could have been altered prior to forwarding to SMSKeeper™ for storage. There is also the possibility that any message stored in SMSKeeper™ could have been fabricated, and sent solely to SMSKeeper™ for storage, without ever having been exchanged with any other party. As such, any messages stored are only for personal records, and can not be used as proof of having sent or received that message to/from any other party. As the user is responsible for updating and maintaining the message dates in their own account, the date of receipt of the message is also subject to personal interpretation, and is not guaranteed accurate by nature of being stored in an SMSKeeper™ account. If messages or their time/date information are critical for legal or business reasons, you are strongly urged to keep the original copy of any message on your phone handset or SIM card.
Availability of service and data
The SMSKeeper™ message storage service is provided as-is, without any warranties, express or implied, of its merchantability, or suitability or fitness for any purpose.
There may at times be problems in the mobile phone networks or other networks or connectivity points which prevent or delay the delivery of text messsages forwarded to SMSKeeper™. It is your responsibility to ensure that any messages forwarded to SMSKeeper™ arrive successfully, and are stored in your inbox before deleting them from your handset. It is your responsibility to ensure that any important data stored on the service is backed up by use of our download features. Use of the service implies your acceptance that we are not, and cannot be, held responsible for the loss of data due to messages failing to arrive on the system, or messages which arrive and are subsequently lost due to systems failure or any other reason, including but not limited to your misuse, or inability to use the SMSKeeper™ service. The security and safety of your messages and the data contained therein is your sole responsibility.
Although every reasonable effort will be made to ensure continuous and uninterrupted service, we do not guarantee that the SMSKeeper™ service will be available for use at any specific time. Use or attempted use of the service implies agreement that comcetera ltd will not be held responsible for any loss or damages arising from your use, misuse, or inability to use the services advertised, even if we have been advised of the possibility of such loss. We reserve the right to terminate or modify the service offered at any time, without notice, with refunds offered and/or repatriation of any stored data with its owner at the sole discretion of comcetera ltd.
Although every best effort is made to keep backups of the message stores, and to take reasonable steps to ensure data integrity, your use of the service implies your acceptance that there may be unforseen circumstances which will cause data loss, including loss of your stored messages, for which we can not be held responsible. In the unlikely event that we need to terminate the operation of the SMSKeeper™ service for any reason, we will, if possible, attempt to contact each user by text message in advance, to arrange for download and archival of their stored messages prior to termination of the service.
Interpretation
These terms shall be governed by United Kingdom law. Where an error, grey area, or potential loophole exists in the wording or layout of these terms, they shall remain legally binding for the meaning and spirit which it can be seen, by common sense of a judge for the United Kingdom legal system, that they were intended.
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