SPRINT EMG TERMS OF SERVICE AGREEMENT
When using the Sprint EMG service, you agree to be bound by all of the following terms and conditions (the "Terms of Service"), which may be updated by Sprint without notice to you from time to time. Updates will be posted at www.sprint.com and will go into effect ten (10) days after posting. It is your responsibility to review updates on a regular basis periodically.
Sprint EMG service provides users with the service to send, receive and forward messages to devices (the "Service"), including, but not limited to, email, wireless text messages, Short Message Service (SMS). Users may access, compose and manage messages via the web or PC applications. Please refer to our web site at www.sprint.com for a complete list of service offerings and products.
In consideration of the use of the Service, you agree to: (a) provide true, current, accurate and complete information as prompted by the registration form; and (b) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you is inaccurate, not current or incomplete, Sprint retains the right to suspend or terminate your enrollment and rights. Furthermore, you acknowledge that you are responsible for maintaining the confidentiality of your account and login password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you are a minor (that is, less than 18 years old), you may only use the Service if you are authorized to do so by a parent or guardian who agrees to be bound by this Terms of Service Agreement. The registration form requests your age. If you are less than 18, it will prompt you to obtain the appropriate adult consent.
You agree not to resell the use of the Service to any third party. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that Sprint simply acts as a passive conduit for the distribution and transmission of data. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree to abide by these Terms of Service and all rules and regulations described in the Postings section of the Sprint EMG web site. You further agree that violation of any rules and regulations referenced herein will be cause for termination of the Service at the sole discretion of Sprint without notice to you. You agree not to:
The Sprint EMG service complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). If you have any complaints or objections to material posted on this site, please contact our Designated Agent at the following address:
Mark Carlin
TeleMessage, Inc.
468 Great Road
Acton, MA
zip code 01720 U.S.A
support@emg.sprint.com
You acknowledge that Sprint may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Sprint EMG's servers on your behalf, the length of message sent 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 Sprint has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service. You acknowledge that Sprint reserves the right to log off accounts that are inactive for an extended period of time. Sprint retains the right, at it's sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if a your conduct is found to be inconsistent with this Agreement. You further acknowledge that Sprint reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice to you. You also acknowledge the fact that you and the recipients of messages you send through the Service will be hearing and viewing commercial information.
You expressly agree that use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sprint 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. Sprint makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does sprint make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any communications or transmissions, or the accuracy of any translation or alteration of your transmissions or data, or the accuracy of any information obtained through the service or that defects in the software will be corrected. You understand and agree that any material and/or data 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 such material and/or data. Sprint makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. Sprint assumes no responsibility for the deletion or failure to store messages. No advice or information, whether oral or written, obtained by you from sprint or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event will sprint , its officers, directors, employees, agents, subcontractors or suppliers be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible losses, even if sprint has been advised of the possibility of such damages. Your exclusive remedy for any and all losses resulting from your use of the service, including sprint's or its subcontractor's negligence, is limited to fees paid to sprint up to the time the loss is discovered. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You agree to indemnify and hold Sprint, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or conduct on the Service.
Sprint may terminate the Service with or without cause at any time. By way of example, and not as a limitation, Sprint may terminate your account for lack of use, if Sprint believes you have violated the letter or spirit of this Terms of Service Agreement, or if Sprint decides, in its sole discretion, to discontinue offering the Service. Upon termination of the Service, your right to use the Service immediately ceases. Sprint shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You agree that any termination of your access to the Service may be effected without prior notice to you.
You acknowledge that content, including, but not limited to text, software, music, sound, photographs, video, graphics or other material 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.