Terms And Conditions

 
  1. INTRODUCTION
    • TXT4two.com is a premium SMS chat service that connects you to other Users in your state ("the Service").
    • You may contact TXT4two.com at support@txt4two.com  or for help text a message with the word "HELP", to our shortcode 222244.
    • These terms and conditions ("Terms") set out the basis upon which makes the service available to all Users of the service.

  2. YOUR AGREEMENT TO THESE TERMS:
    • By using and/or partaking of the Service, you agree that you have read and accept these terms and conditions and the Privacy Policy and agree to be bound by them. If you do not wish to be bound by these terms and conditions and the Privacy Policy you should exit the website immediately and not make use of and/or partake of the Service. By registering with TXT4two.com you expressly authorize TXT4two.com to send text messages to your wireless device in conjunction with your use of the Service.

  3. AGE:
    • By making use of and/or participating of the service, you agree that you are at least 18+ or have parents/bill payers permission. The TXT4two.com Service is an adult service and directed only at users over the age of 18. TXT4two.com does not assume any responsibility for the use of and/or participation in the service by a person who is under the age of 18 (eighteen) years.

  4. AVAILABILITY:
    • TXT4two.com is currently available to most wireless carriers in the United States, including, AT&T, Alltel, T-Mobile, Cellular One, Sprint, Nextel, Boost, Verizon Wireless and Virgin Mobile subscribers. For all of these carriers, our short code number (to which you can send text messages anytime, anywhere) is 222244. Users can use TXT4two.com if they have the ability to send and receive text-messages on their cell phones.

  5. COST OF THE SERVICE:
    • Users pay "as they go", with a fee of per message received through the Service. All help messages are free of charge. Any fees you incur through your use of the Service will be charged each month onto your cellular phone bill. Msg & Data Rates May Apply, your cell phone provider may charge tax and standard text message fees for your use of the Service and any help or account related text messages that TXT4two.com sends you. You agree that free minutes and free SMS packages that you receive through your cellular provider will not apply to your use of this Service.
    • You agree that if any attempt to bill you for your use of TXT4two.com fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, TXT4two.com or TXT4two.com’s Affiliates reserve the right to re-bill you for any outstanding fees.
    • Subscription plans are automatically renewed ( every 30 days or 1st of calendar month depending on carrier) if not cancelled.
    • Charges appear on cell phone bill or deducted from prepaid balance. 
    • Pricing:
      Alltel AT&T Boost Cellular One Nextel Sprint T-Mobile Virgin Mobile Verizon Wireless
      $0.99/msg $0.99/msg $6.99/month $15.00/month $19.99/month $19.99/month $0.99/msg $1.99/msg   $0.99/msg


  6. CANCELLATION AND TERMINATION OF SERVICE:
    • You can cancel the service at any time by simply sending a text message with the word "CANCEL", to our shortcode 222244 - and your profile will be removed from TXT4two.com. You can also cancel by emailing TXT4two.com customer service at support@TXT4two.com and include your cell phone provider name.
    • TXT4two.com reserves the right to modify, suspend or terminate the Service or any aspect or feature of the service, at its own, sole discretion without notice to the User. TXT4two.com may furthermore in its sole discretion cancel the service of a particular User in the event that a User fails to comply with these terms and conditions.

  7. PERSONAL INFORMATION:
    • In order to use TXT4two.com, you must register and provide personal information such as your name and wireless device number to TXT4two.com. TXT4two.com will use your personal information in accordance with its Privacy Policy and by registering with TXT4two.com you agree that you have reviewed and agreed to the Privacy Policy. You also understand and agree that any personal information (such as your phone number, address, occupation, etc.) you may disclose to other Users during your use of Service is at your own risk and this personal information can not be secured and/or protected from disclosure by TXT4two.com and the TXT4two.com Affiliates. We strongly recommend that you do not disclose personal information that can identify you or your address to any other User of the Service.

  8. USE OF CHAT SERVICE
    • The chat service provided by TXT4two.com is moderated by trained moderators who are employed by Txt4two.com.
    • All chat users are matched with the appropriate moderator on a 24/7 basis.
    • Any messages or communication via the chat service may be subject to review and action that we deem fit will be taken in any discovered instances of misuse.
    • All chat members should respect the chat moderators and respond to any inquiries.
    • Chat members should avoid posting racist comments or any other inappropriate content.
    • TXT4two.com chat service acts only as a forum and technical interface between chat users and does not itself verify the qualifications of chat users, nor does it evaluate, control or monitor in any ongoing manner exchanges between chat users. Chat users must use their own judgment in evaluating the qualifications of and statements made by other chat users. Any opinions expressed by a chat users are of those of the chat users alone, and are not to be attributed to TXT4two.com.
    • TXT4two.com cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any chat user. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, TXT4two.com cannot always confirm that each chat user is whom they claim to be or that they can deliver services or make payments. TXT4two.com cannot control the information provided by chat users. Chat user’s information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, you agree to exercise caution, discretion and common sense when using the TXT4two.com service.

  9. ACCEPTABLE USE OF THE SERVICE
    • You hereby agree to use the service in a respectable and honest manner, in compliance with these terms and conditions and all applicable laws and regulations. TXT4two.com and TXT4two.com Affiliates are not responsible for any information or material you submit to the Service or to other Users through your use of the Service. Any material submitted by any User is not endorsed, reviewed or approved by TXT4two.com or any TXT4two.com Affiliate.
    • TXT4two.com reserves the right to remove any material submitted by a User, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, whether there is a likelihood that a User may:
      • defame, abuse, harass, stalk, threaten or otherwise violate the rights of other Users or any third parties;
      • publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
      • upload files that contain viruses, corrupt files or any other similar software or programmes that may damage the operation of Netsmarts and/or a third party's computer system and/or network;
      • attempt to gain unauthorized access to any part of the Service or User accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service.
      • violate any copyright, trade mark, other applicable US or international laws or intellectual property rights of TXT4two.com or any other third party;
      • submit content containing marketing or promotional material which is intended to solicit business or the dissemination of messages which constitute "spam" mail.
    • The User furthermore undertakes not to use the service for the communication of material that is pornographic, blasphemous, slanderous, unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, or that violates the rights of other users or any applicable law.
    • You agree to indemnify TXT4two.com and all TXT4two.com Affiliates against any loss, liability, damage or expense of any kind which TXT4two.com, TXT4two.com Affiliates or any third party may suffer that is caused by or attributable to, whether directly or indirectly, to your non-compliance with this acceptable use policy.

  10. OBJECTIONABLE OR EXPLICIT CONTENT
    • TXT4two.com and TXT4two.com Affiliates shall have no liability and expressly disclaims any liability for any content or materials constituting all or part of the Service that you may find objectionable, or any explicit or objectionable content or materials that you may receive from other Users.

  11. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
    • All intellectual property rights in and to all materials, text, drawings, music, sound, photographs and data made available on this website (collectively "materials") are owned by TXT4two.com, its licensors, partners and affiliates and are protected by both US and international intellectual property laws. By using the Service you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, display, perform, transfer, distribute or otherwise use the Service except as authorized in these terms and conditions, and agree not to authorize, encourage or allow such use by any other party.
    • The trade marks, names, logos and service marks (collectively "trade marks") displayed on the TXT4two.com registration page and TXT4two.com website (collectively "Website") are registered and unregistered trade marks of TXT4two.com. Nothing contained on this Website should be construed as granting any licence or right to use any trade mark without the prior written permission of TXT4two.com.
    • TXT4two.com and TXT4two.com Affiliates shall not be held liable for any infringement of intellectual property or other rights which may result from the use of and/or participation in the Service. TXT4two.com and TXT4two.com Affiliates have no knowledge of any infringement of intellectual property or other rights on the website, or in the provision of Services. If you are a copyright owner or an agent thereof and believe that any content of or on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to support@TXT4two.com   and include information and identification of the copyrighted work claimed to have been infringed.

  12. DISCLAIMER OF WARRANTIES
    • BY USING THE TXT4two.com SERVICE YOU ESPRESSLY UNDERSTAND AND AGREE THAT THE TXT4two.com SERVICE IS PROVIDED "AS IS" WITH NO WARRANTIES BY TXT4two.com, ITS AFFILIATES OR ANY OF THEIR AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE " TXT4two.com ENTITIES"). TXT4two.com AND THE TXT4two.com ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
    • YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TXT4two.com SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONTENT OR PERSONAL INFORMATION THAT YOU DISCLOSE TO OTHER USERS OF THE SERVICE OR THAT IS DISCLOSED TO YOU, OR ANY MEETINGS WITH ANY PERSONS THAT MAY RESULT FROM THE USE OF THE SERVICE.
    • TXT4two.com AND THE TXT4two.com ENTITIES DISCLAIM ANY WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. TXT4two.com AND THE TXT4two.com ENTITIES, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, CONTENT, OR THE RESULTS OF YOUR USE OF THE SERVICE WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF THE SERVICES. NETSMART AND THE NETSMART ENTITIES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT.
    • FURTHER, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE, MOBILE PHONE SERVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU WILL NOT HOLD TXT4two.com AND/OR THE NETSMART ENTITIES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME.
    • NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO TXT4two.com AND/OR THE TXT4two.com ENTITIES AS APPLICABLE. TXT4two.com AND THE TXT4two.com ENTITIES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TXT4two.com SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE TXT4two.com SERVICE.

  13. LIMITATION OF LIABILITY
    • UNDER NO CIRCUMSTANCES, SHALL TXT4two.com AND/OR THE TXT4two.com ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, INCLUDING USE BY MINORS UNDER THE AGE OF EIGHTEEN (18).
    • UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TXT4two.com OR THE TXT4two.com ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICE, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE TXT4two.com SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF TXT4two.com AND/OR THE NETSMART ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • TXT4two.com RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO INTERRUPT, SUSPEND OR CANCEL PART OF THE WHOLE OF THE SERVICE AT ANY TIME FOR WHATEVER REASON AND TXT4two.com AND THE TXT4two.com ENTITIES BEAR NO RESPONSIBILITY FOR ANY DAMAGE OR LOSS CAUSED BY SUCH INTERRUPTION, SUSPENSION OR CANCELLATION OF THE SERVICE.
    • WITHOUT LIMITING THE FOREGOING, TXT4two.com OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.

  14. EXCLUSIONS AND LIMITATIONS
    • SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

  15. INDEMNITY AND WAIVER
    • By using the TXT4two.com Service, you agree to indemnify and hold TXT4two.com, and its affiliates, successors and assigns harmless for any violation or against any third party claim, liabilities, losses, costs, damages and expenses, including reasonable attorneys? fees, (whether directly or indirectly) which may relate or arise as a result of the your use of and/or participation in the Service for any reason whatsoever. This indemnification obligation will survive these Terms and your use of the TXT4two.com Service. The User hereby irrevocably and unconditionally waives any claims, liabilities, losses, costs, damages and expenses (whether direct or indirect) which it may have against TXT4two.com or / and its affiliates, successors and assigns which may arise as a result of the User's use of and/or participation in the Service for any reason whatsoever.

  16. WHOLE AGREEMENT & ASSIGNMENT RIGHTS
    • These terms and conditions constitute the entire agreement between the User and TXT4two.com with respect to Your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The headings used in this agreement are for convenience order, and will have no effect on the interpretation or legal enforceability of the terms herein.
    • These terms may not be assigned by any User of TXT4two.com. TXT4two.com is entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party.

  17. SEVERABILITY
    • If any one or more of the provisions of these terms and conditions should be held to be invalid or unenforceable the validity and enforceability of all other provisions hereof shall not be affected thereby. Such invalid or unenforceable provision shall then be deemed to have been deleted without affecting the validity and enforceability of the remaining provisions of the terms and conditions.

  18. CHANGES TO THESE TERMS
    • TXT4two.com reserves the right to make changes to these terms and conditions at any time. Such changes will be posted on the website, and you will be deemed to have read and accepted and be bound by these changes if you access the website or continues using the service. You are therefore encouraged to refer to these terms and conditions on each visit to the website. If you would like to receive email notice when the terms and conditions are updated, please send an email to support@ TXT4two.com. If you cannot comply with the amended terms, your only remedy is to cancel the service.

Copyright © 2007-2009 TXT4two.com

Comments and Questions: Any questions, comments or concerns about TXT4two.com Privacy Policy, should be sent to TXT4two.com at support@TXT4two.com.

 
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