2017-10-24 07:24:43
  
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The Do Not Mail List

You promise to hastily remove from the all data and information of any person who has previously stated verbally and/or in writing that he or she does not wish to receive Services made by or on behalf of you. You agree to update the Database or any contact lists delivered to JIFFYSMS here under prior to commencement by JIFFYSMS Services on your behalf.
If you do provide us a list of email addresses and/or cell phone numbers, you will ensure that they do not contain email addresses or cell phone numbers of any person that has previously opted-out of receiving emails, SMS or other communications.
Some people just don't want to get messages
JIFFYSMS maintains and owns a Global Permanent Removal List which contains addresses and domains which it will not allow any customer to add to a database. You understand and agree that JIFFYSMS has full discretion to block the uploading of any e-mail address which it has placed on such a list, and will not be liable for the blocking of any such address from any customer database. By clicking on the Unsubtle tab or on JIFFYSMS’s footer or who sends an email to JIFFYSMS at abuse@JIFFYSMS.com any message recipient can opt-out of receiving any further communications from you through JIFFYSMS. You agree that JIFFYSMS can place people on the Global Permanent Removal List should that happen.

Let's obey the law

We all have to play by the rules. Plain and simple . . . you agree that it's your sole responsibility to ensure that your use of the Services requested by you, and performed on your behalf by JIFFYSMS comply with all applicable Laws.

We don't kiss and tell

You agree to follow our privacy policy at http://www.jiffysms.com/privacy/ (the "Privacy Policy"). When ordering Services and providing Content to subscribers in your Database, you shall establish, maintain and administer a privacy policy that is substantially similar to the Privacy Policy. If you do not have a privacy policy in place, just ask and we will provide one to you. Respect your Database. We do.
It's sometimes an impolite world, but let's all behave
Treat others the way that you want to be treated. In other words, you agree NOT to:

  • Use this Site or the Services for any unlawful purpose or other stuff your mom probably wouldn't like, which (for most moms) includes: pornography and "adult" products/services;
  • Display or transmit unlawful material or content;
  • Create a false identity or forged email address;
  • Express or imply that any statements you make are endorsed by JIFFYSMS, without our prior written consent;
  • Use our services to spam others;
  • Use purchased list or database, or use data from a service that sells co-registration or partner offer data. or a database that includes spam trap seed addresses (e.g., info@, support@, sales@);
  • Modify, adapt, sub-license, sell, reverse engineer, decompile or disassemble any portion of this Site or the Services;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site or the Services;
  • "Frame" or "mirror" any part of this Site without our prior written authorization; or
  • Attempt to hack us.

If JIFFYSMS reasonably believes that you have been misbehaving based on any of the reasons above, we reserve the right to immediately terminate your right to use the Services, and you will NOT be eligible for a refund of any fees paid to us for the Services (including any fees paid for future use of the Services).

We're watching

Yup . . . we're keeping an eye on you. JIFFYSMS has the right, but not the obligation, to monitor, listen in on and otherwise review, at any time, all content to make sure you're complying with this Agreement and the Laws; but JIFFYSMS is not responsible or liable for your Content.

A free trial is not free demo

When you sign up for one of our free trials, JIFFYSMS will not bill you for your use of the Services for the applicable trial period. Just like we say when you sign up for the free trial! Hurrah! Free!
Also, just like we say when you sign up for a free trial, if you do not wish to continue using the Services after the trial period, you may send a cancellation request to JIFFYSMS at billing@jiffysms.com, provided however that your cancellation request must be sent to JIFFYSMS before the last day of the trial period to avoid incurring any charges for the Services. You can also call us at 91 80 3202 0801 during regular business hours and talk to any employee.
And, just like we say when you sign up for a free trial, in the event that you do not cancel your free trial as described above, you agree that JIFFYSMS will bill you the standard monthly rate for the Services associated with your trial offer in accordance with the billing and cancellation terms described in this section. So it's then not free, but it is well worth the cost.

Stuff about you paying us

By using JIFFYSMS's Services, you agree that JIFFYSMS is permitted to bill you (that's right . . . we get paid for what we do) the applicable fees and any other charges for the Services provided by JIFFYSMS.
You pay using your Credit Card by setting up an account from which payments for Services and charges are debited. JIFFYSMS lets you set up an automated payment system by establishing a credit card account from which payments for Services and charges are debited. JIFFYSMS will charge your credit card for any recurring monthly charges at the beginning of the month during which Services will be performed.
If your monthly usage exceeds the included monthly usage on the plan you selected when you signed up, then you agree to pay applicable overage fees which happen to be $.15 per SMS, $.05 per Email and $.50 per voice and fax message.
Unless you have an agreement with JIFFYSMS to use the Services for a specific term, you may cancel the Services at any time by sending a cancellation request to us at billing@jiffysms.com. You can also call us at 91 80 3202 0801 during regular business hours and talk to any employee. Cancellation requests take effect beginning on the month after each request is received, which means that the month in which we receive your cancellation request is the last month that you will be charged for the Services. E.g. cancel on the 10th of September and you will not be billed for October forward.
As a heads up, JIFFYSMS charges all clients in full for the Services on the first (1st) of every month, regardless of whether or not a client actually uses the Services during that month. We are a subscription service, which means we'll make the system available for you whether you use it or not. It is completely up to you payment is due regardless of whether use actually use the service in a particular month.
Also, JIFFYSMS does not pro-rate its charges for cancellations made during the month so if you wish to cancel your account, it is a good idea to do so before the first (1st) of the month, to avoid being charged in full for that month. It's easy: Call us at 91 80 3202 0801 or send an email to billing@jiffysms.com. We are here for you.
If you have an agreement with JIFFYSMS for a specific period of time, we'll stay on your team for the duration of the agreement term. You are not eligible to cancel the Services until that term has expired, and are not eligible for any refund if you change your mind later. We fully intend to honor our agreements and ask that you intend to do the same when you sign up. Seems fair to us.

What's ours is ours

Ah, yes . . . that coveted word "ours". All worldwide right, title and interest in and to the Services, and all components thereof, including without limitation the software (the "Software") used to receive orders and information from you for Services and to provide the Services to you, shall be and remain the sole and exclusive property of JIFFYSMS or its third party licensors, as applicable. There are no implied licenses. Also, don't try to get into your lab and reverse engineer our technology. We'll probably say "NOOOO".

Compliance with CAN SPAM ACT

The Bureau of Business Protection Business Center has set forth a Compliance Guide for Business, with a rundown of CAN-SPAM’s main requirements:
Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

NO WARRANTY AND DISCLAIMER

JIFFYSMS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. JIFFYSMS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS TO BE ACHIEVED BY YOU AFTER PERFORMANCE OF THE SERVICES. JIFFYSMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. YOU'RE NOT AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE SERVICES. JIFFYSMS does not warrant the accuracy or reliability of the results obtained through the Services or any data or information downloaded or otherwise obtained or acquired through or in connection with the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through or in connection with the Services are at your sole risk and discretion and JIFFYSMS will not be liable or responsible for any damage to you or your property in connection therewith.

LIMITATION OF LIABILITY

IN NO EVENT WILL JIFFYSMS'S CUMULATIVE AGGREGATE LIABILITY RELATED TO SPECIFIC SERVICES PROVIDED TO YOU EXCEED THE AMOUNTS RECEIVED FROM YOU WITH RESPECT TO SUCH SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHER CLAIM. IN NO EVENT SHALL JIFFYSMS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, NON-COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. THE LIMITATIONS IN THIS SECTION (I) ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE AND (II) APPLY NOTWITHSTANDING THE VALIDITY OF THE LIMITED REMEDIES PROVIDED FOR IN THE AGREEMENT OR IF ANY SUCH LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You Agree To Indemnify And Hold JIFFYSMS Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys' Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.
Sorry about all that. We needed to say it all in order to be able to continue to provide legendary customer service to our clients (including you).

Now, if you're still awake, it's time to order Services and get
 
   
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