Terms & Conditions

TextMine® Terms and Conditions and Software Licence

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to TextMine®. The TextMine® Standard, TextMine® Professional, TextMine® Schools, and TextMine® Corporate services, including the TextMine® Software and Documentation detailed in section 4, subscription services, and any other paid service plans that TextMine® may introduce from time to time hereby collectively called the ‘Service’, are owned and operated by TextMine Limited of 49c Beckwith Road, London SE24 9LQ, United Kingdom (‘TextMine®’), and are provided to you (‘Member’) under these Terms and Conditions which may be updated by TextMine® from time to time without notice to Member. You can review the most current version of the Terms and Conditions at any time at the TextMine® web site at http://www.textmine.com ‘web site’. The Terms and Conditions comprises the entire agreement between Member and TextMine® and supersedes all prior agreements between the parties regarding the subject matter contained herein. In the case of the Corporate Service, a company or individual subscribing to the Corporate Service is referred to as a Member and the individual users who access and/or use the service through Member’s Corporate Service are called the ‘Member’s Users’. Accordingly, the terms, conditions, restrictions and obligations of these Terms and Conditions applicable to Member (excluding Member’s payment obligations to TextMine®) shall be construed also to apply to Member’s Users, and Member shall be liable for any breach hereof by any of Member’s Users. MEMBERS SUBSCRIBING TO THE TEXTMINE® SCHOOLS AND TEXTMINE® CORPORATE SERVICE AGREE THAT (a) RESPONSIBILITY FOR ALL MEMBER’S USERS WHO ACCESS AND/OR USE TEXTMINE® CORPORATE OR TEXTMINE® SCHOOLS LIES WITH THE MEMBER OF THE RESPECTIVE TEXTMINE® CORPORATE OR TEXTMINE® SCHOOLS SERVICE (b) MEMBER WILL HAVE THE ABILITY TO ACCESS AND ALTER ALL MEMBER’S USERS ACCOUNT INFORMATION (c) MEMBER WILL HAVE THE ABILITY TO ACCESS ALL MEMBER’S USERS ACTIVITY DETAILS, INCLUDING BUT NOT LIMITED TO VIEWING THE CONTENT OF Short Message Service (‘SMS’) TEXT MESSAGE TRANSMISSIONS SENT OR RECEIVED BY MEMBER’S USERS THOUGH THE SERVICE AND THEIR CONTACTS AND CALENDAR INFORMATION (d) MEMBER WILL PROVIDE DUE NOTICE TO ITS MEMBER USER’S ABOUT ITS ABILITY TO ACCESS THEIR CONTENT AND ALTER THEIR ACCOUNT INFORMATION AND (e) MEMBER WILL PROVIDE SUFFICIENT WRITTEN NOTICE TO MEMBER’S USERS TO USE THE SERVICE IN COMPLIANCE WITH THIS TERMS AND CONDITIONS. BY COMPLETING THE SIGNUP PROCESS AND CLICKING THE ‘I AGREE’ BUTTON OR BY USING TEXTMINE® SERVICES, MEMBER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.

2. DESCRIPTION OF SERVICE

TextMine® is providing Member with a capability to synchronize certain PIM data between Member’s PC and TextMine®’s servers, view, add, delete, and edit this data via a web interface from any PC, and view, add, delete, and edit this data via sending and receiving messages using SMS. With the appropriate TextMine® product (see ‘Billing Policy’ below), member can send SMS messages from the TextMine® site to mobile phones, send contact details to member’s own phone by SMS, as well as other features mentioned on the web site http://www.textmine.com. MEMBER UNDERSTANDS THAT THE SMS FUNCTIONALITY OF THE ‘TEXTMINE® STANDARD SERVICE’ IS CURRENTLY ONLY AVAILABLE TO USERS WITH UNITED KINGDOM MOBILE TELEPHONE NUMBERS running on Orange, Vodafone, O2, or T-Mobile networks. However, Members who have purchased the Professional service can use the service from any GSM mobile telephone number, using a special twelve digit number. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms and Conditions. You understand and agree that the Service is provided ‘as-is’ and that TextMine® assumes no responsibility for the timeliness, deletion, mis-delivery, non-delivery, or failure to store any user data, communications or personalization settings. TextMine® reserves the right to remove this service for any reason on giving reasonable notice at any time. In order to use the Service, Member must obtain access to the Internet and/or access to an e-mail service, either directly or through devices that access e-mail services, and pay any service fees associated with such access. Member must also obtain access to the necessary mobile telephone network and likewise pay any service fees associated with such access. In addition, Member must provide all equipment necessary to make such connection to e-mail and mobile services, including a computer, modem or other access device, and mobile handset capable of sending and receiving SMS messages and must ensure these are kept fully operational. Members software must be kept virus free. If your PC, laptop computer, Personal Digital Assistant, or other equipment used to access TextMine®’s services does not support relevant technology including but not limited to encryption, Member may not be able to use certain services or access certain information from TextMine®.

3. TRANSMISSION OF SMS TEXT MESSAGES

Members acknowledge that TextMine® delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery with respect to transmission of SMS messages within the technical constraints imposed by the abovementioned providers.

SMS messages submitted by TextMine® SMS Servers will be transferred to the mobile recipients provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. Members acknowledge that, depending on the recipient’s mobile service provider, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all.

4. SOFTWARE LICENCE FOR TEXTMINE® SYNC APPLICATION AND SMSHOTKEYS APPLICATION

These Terms and Conditions are a legal agreement between you (either an individual or an entity) and TextMine® and its suppliers and licensors regarding use of the TextMine® software (‘Software’). The Software includes The TextMine® Synchronizing Application (otherwise referred to as the ‘TextMine® Sync App’, ‘TextMine® Sync Application’, and ‘TextMine® Sync Program’) and the same terms apply to the SMSHotkeys application (otherwise referred to as the ‘SMS Hotkeys program’, and ‘SMSHotkeys app’. You may install only ONE copy of the Software. By clicking on the ‘Yes’ button in the installer package when asked if you accept all the terms of this agreement, installing, copying or otherwise using the Software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, click on the ‘No’ button and do not install the software.

You agree that your use of the software acknowledges that you have read these terms and conditions, understand them, and agree to be bound by them.

any third party software, including any third party’s plug-in that may be provided with the software is included for use at your option. if you choose to use such third party sofware, then such use shall be governed by such third party’s licence agreement. TextMine® is not responsible for any third party’s software and shall have no liability for your use of third party software.

4.1. GRANT OF LICENCE. TextMine® hereby grants to you a non-exclusive licence to use the Software and any related documentation (‘Documentation’) subject to the following terms:

You may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (iii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software’s proprietary notices.

4.2. LICENCE RESTRICTIONS.

(a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, de-compile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation. Any such forbidden use shall immediately terminate your licence to the Software.

(b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

(c) You may only use the Software for your private, non-commercial use.

(d) You may not use the Software in an attempt, or in conjunction with any device program or service designed, to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

4.3. COPIES OF THE SOFTWARE AND ENHANCEMENTS. If you receive the first copy of the Software electronically and a second copy on physical media (e.g. CD, diskette), the second copy may be used for archival purposes only and may not be transferred to or used by another person. This licence does not grant you any right to any enhancement or update.

4.4. BETA RELEASE VERSIONS. In the event that the Software is a beta release version, the terms of this section shall apply. The Software you are receiving may contain more or less features than the commercial release of the TextMine® Product that TextMine® intends to distribute. While TextMine® intends to distribute a commercial release of the Software, TextMine® reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specification, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation.

4.5. COMMUNICATIONS FEATURES.

(a) The Software communicates over the Internet as part of its normal activity in synchronizing data both on your Personal Computer and the TextMine® server. This communication uses encryption technology to protect your address or calendar records in transit and only communicates with your own private store of data on TextMine®’s servers. By installing and/or using the Software, you consent to these communications features. To learn more, visit the TextMine® Privacy Policy at http://www.textmine.com/privacy.html. You are responsible for any telecommunications or other connectivity charges incurred through your use of the Software.

(b) The Software may automatically communicate with TextMine®’s servers on the Internet to check for updates to the Software, such as bug fixes, patches, enhanced functions, and new versions. In such a case, TextMine® will notify you when updates become available. If you decide to update, you agree that TextMine® may upload updates and install them as part of your Software. All such updates to the Software are governed by these Terms and Conditions, unless other licence terms are provided with the update. TextMine® is not responsible for the failure of any security measures associated with the update.

4.6. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in TextMine® and/or its suppliers. The Software is protected by the copyright laws of the United Kingdom and international copyright treaties.

4.7. INDEMNIFICATION. The Software is intended for use only with properly licensed software tools. It is your responsibility to ascertain whether any copyright, patent or other licences are necessary and to obtain any such licences. You agree to hold harmless, indemnify and defend TextMine®, its officers, directors and employees, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by TextMine®) in connection with the Software in violation of another party’s rights or in violation of any law, or (ii) violated any terms of these Terms and Conditions.

5. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by the Service’s registration form (such information being the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or TextMine® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TextMine® has the right to suspend or terminate Member’s account and refuse any and all current or future use of the Service (or any portion thereof).

6. TEXTMINE® PRIVACY POLICY

By accessing the TextMine® web site or accepting these Terms and Conditions, Member expressly agrees to the terms of the TextMine® Privacy Policy at http://www.textmine.com/privacy.html.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

Member is required to provide TextMine® with a valid mobile telephone number, e-mail address and a password as part of the sign-up process. Upon registration by the Member and except for Member’s subscribing to the Corporate Service, Member will be assigned a user name which is e-mailed to the Member to the e-mail address provided by the Member as part of the registration process. Member acknowledges and agrees that the confidentiality of Member’s (and Member’s User’s in the case of the Corporate Service) user name, password, e-mail address, mobile telephone number, Company ID for the Corporate Service or any other account information is entirely and solely the responsibility of the Member. Furthermore, Member agrees to be fully responsible for all activities that occur under Member’s password or account. Member agrees immediately to notify TextMine® of any unauthorized use of Member’s password or account or any other breach of security. If TextMine® has any reason to believe that there is likely to be a breach of security or misuse of the TextMine® service, TextMine® may change Member’s user name or password and notify Member accordingly. TextMine® suggests that Members change their password regularly. Member confirms that the information supplied to TextMine® when Member registers on-line is true, complete, and accurate in all respects and Member agrees to notify us immediately of any changes to that information by updating your registration details at www.textmine.com. MEMBER AGREES THAT TEXTMINE® OR ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF TEXTMINE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. BILLING POLICY

At TextMine®’s discretion, users may be granted an account whereby messages are invoiced monthly, quarterly, or annually, in arrears. Subscription fees are invoiced monthly, quarterly, or annually, in advance. Subscription fees are not refundable. Users may terminate this arrangement as stated in section 10.

All credit card payments are subject to validation checks and authorization of the issuer. TextMine® is not liable for any delay or non-delivery or withdrawal of sale caused by failure of the issuer of your payment card to authorize payment.

TextMine® shall be entitled to review and vary from time to time all charges mentioned within these Terms and Conditions or on the web site http://www.textmine.com, and/or introduce new charges and the varied or new charges shall take effect immediately following posting of such charges on the web site.

A maximum spend per day in respect of SMS messages may be imposed by the supplier of SMS messages.

TextMine® reserves the right to suspend or terminate Member’s Service without notice upon rejection of any credit card charges or if Member’s card issuer (or its agent or affiliate) seeks return of payments previously made to TextMine® when TextMine® believes Member is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to TextMine®. This Billing Policy does not alter the terms of the agreement with your credit card issuer.

It is the sole responsibility of the member to ensure he or she is aware of any future pricing changes published at http://www.textmine.com and in this document.

TextMine® Standard Service

TextMine® offers a Service Plan providing web based contacts and calendar at no charge, together with the TextMine® Sync synchronizing software and SMS Hotkeys software at no charge (also referred to as TextMine Free Trial) plus access to contacts and calendar by means of sending and receiving SMS messages these messages being purchased in a bundle (collectively known as “TextMine® Standard”). The price for top up messages as well as the number of messages included, if any, are stated on the web site http://www.textmine.com. All charges are payable in United Kingdom Pounds Sterling. There is no activation fee and there are no commitment terms. If a user sends in a request for information to the TextMine number, then the return message will be charged by deducting one or more credits from the member’s total of available messages. MEMBERS UNDERSTAND THAT THIS CHARGE OPERATES FOR EACH REQUEST FOR DATA VIA SMS, SEVERAL OF WHICH MAY CONSTITUTE A SINGLE ADDRESS OR CALENDAR RECORD. Similarly, appointment reminders requested to be sent by text will be charged by deducting from the member’s message total. Where a member uses his username and password on a handset other than that whose number is registered with TextMine®, it is assumed the member does so either with his or her own mobile telephone, or with the express permission of the person who pays the call charges in respect of that mobile telephone, and full liability for charges remains with the member.

TextMine® Professional Service

TextMine® offers a Service Plan providing web based contacts and calendar at no charge, plus access to these by means of sending and receiving SMS messages these messages being supplied in a bundle, together with the TextMine® Sync synchronizing and SMS Hotkeys software at no charge, plus additional features stated on the web site and including the ability to send SMS messages from the web site to recipients in a member’s contacts list, and the ability to send contact details as an SMS message to a member’s own phone (“TextMine® Professional”). The price for the TextMine® Professional Service as well as the number of messages included are stated on the web site http://www.textmine.com. All charges are payable in United Kingdom Pounds Sterling. If a user sends in a request for information to the TextMine number, then the return message will be charged by deducting one or more credits from the member’s total of available messages. MEMBERS UNDERSTAND THAT THIS CHARGE OPERATES FOR EACH REQUEST FOR DATA VIA SMS, SEVERAL OF WHICH MAY CONSTITUTE A SINGLE ADDRESS OR CALENDAR RECORD. Similarly, appointment reminders requested to be sent by text will be charged by deducting from the member’s message total. Where a member uses his username and password on a handset other than that whose number is registered with TextMine®, it is assumed the member does so either with his or her own mobile telephone, or with the express permission of the person who pays the call charges in respect of that mobile telephone, and full liability for charges remains with the member.

Top-up messages

TextMine® Standard and TextMine® Professional may include a bundle of messages as stated above. When the bundle of messages is used up, additional messages may be purchased at a price per message stated on the web site at http://www.textmine.com.

TextMine® Corporate Service

TextMine® offers a Service Plan providing web based contacts and calendar at no charge, plus access to these by means of sending and receiving SMS messages these messages being supplied on account and invoiced periodically, together with the TextMine® Sync synchronizing and SMS Hotkeys software at no charge, plus additional features stated on the web site and including the ability to send SMS messages from the web site to recipients in a member’s contacts list, and the ability to send contact details as an SMS message to a member’s own phone (“TextMine® Corporate”). The price for the TextMine® Corporate Service can be obtained via the web site and the price of each message is stated on the web site http://www.textmine.com. All charges are payable in United Kingdom Pounds Sterling. If a user sends in a request for information to the TextMine number, then the return message will be charged by deducting one or more credits from the member’s total of available messages. MEMBERS UNDERSTAND THAT THIS CHARGE OPERATES FOR EACH REQUEST FOR DATA VIA SMS, SEVERAL OF WHICH MAY CONSTITUTE A SINGLE ADDRESS OR CALENDAR RECORD. Similarly, appointment reminders requested to be sent by text will be charged by deducting from the member’s message total. Where a member uses his username and password on a handset other than that whose number is registered with TextMine®, it is assumed the member does so either with his or her own mobile telephone, or with the express permission of the person who pays the call charges in respect of that mobile telephone, and full liability for charges remains with the member.

TextMine® Schools Service

TextMine® offers a Service Plan providing web based contacts and calendar at no charge, plus access to these by means of sending and receiving SMS messages these messages being supplied on account and invoiced periodically, together with the TextMine® Sync synchronizing and SMS Hotkeys software at no charge, plus additional features stated on the web site and including the ability to send SMS messages from the web site to recipients in a member’s contacts list, and the ability to send contact details as an SMS message to a member’s own phone (“TextMine® Schools”). The price for the TextMine® Schools Service can be obtained via the web site and the price of each message is stated on the web site http://www.textmine.com. All charges are payable in United Kingdom Pounds Sterling. If a user sends in a request for information to the TextMine number, then the return message will be charged by deducting one or more credits from the member’s total of available messages. MEMBERS UNDERSTAND THAT THIS CHARGE OPERATES FOR EACH REQUEST FOR DATA VIA SMS, SEVERAL OF WHICH MAY CONSTITUTE A SINGLE ADDRESS OR CALENDAR RECORD. Similarly, appointment reminders requested to be sent by text will be charged by deducting from the member’s message total. Where a member uses his username and password on a handset other than that whose number is registered with TextMine®, it is assumed the member does so either with his or her own mobile telephone, or with the express permission of the person who pays the call charges in respect of that mobile telephone, and full liability for charges remains with the member.

TextMine Inbox

Please refer to Termination, below.

Inter-networking fees

These are any fees imposed by a destination network for sending an SMS.

Where a Mobile Operator is blocked and an inter-working fee is listed, then the fee is still applicable for SMS Text messages sent to that destination.

The Member acknowledges that inter-networking fees may be introduced by Mobile Operators at any time. If such additional charges do come into effect, TextMine® will pass these charges on to the Member in the form of charging extra TextMine® credits for messages sent via TextMine®. It is the sole responsibility of the Member to ensure they are aware of any pricing changes in this respect.

Free messages

From time to time and at its own discretion, TextMine® may offer a number of free messages either on account, or per day, to some or all of its Standard, and Professional members. TextMine® reserves the right to cease such supply of free messages at any time and without notice.

Picture messages

Picture messages are more expensive to send and can only be received on certain models. Users are themselves responsible for ensuring that the recipient mobile telephone is compatible with such picture messages before they commit to paying for sending such messages. TextMine® bears no responsibility for messages sent to telephones not compatible. This is because TextMine® will have incurred its own costs in sending these, whether or not they arrive. Therefore, no refunds are available for messages which fail to arrive.

9. MODIFICATIONS TO SERVICE

TextMine® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to Member. Member agrees that TextMine® shall not be liable to Member or any third party for any modification, suspension or discontinuation of the Service.

10. TERMINATION

Member agrees that TextMine®, in its sole discretion, may terminate Member’s password, account (or any part thereof) or use of the Service (or any part thereof) and remove and discard any messages within the Service, for any reason, including but not limited to (a) if TextMine® believes that Member has violated or acted inconsistently with the Terms and Conditions, (b) if Member provides incomplete, inaccurate or untrue information to TextMine®, or (c) if TextMine® decides to discontinue offering the Service. Furthermore, for Standard Service Members, TextMine® may also terminate Member’s account for failure to meet minimum activity requirements, which entails requesting data via a SMS message, synchronizing using the TextMine® Sync App, or logging in to Member’s account on the TextMine® web site at least three (3) times during any consecutive ninety (90) day period. Member (except for Members with Net 30, quarterly, or annual invoicing) may terminate the Service with or without cause at any time by sending a written notice of termination to TextMine®. Members with Net 30, quarterly, or annual invoicing may terminate the Service upon 30 day written notice prior to the expiration of their term commitment. Members with the benefit of the TextMine® Inbox must give six months’ notice to terminate that feature. Upon termination, Member shall have no right to use the Service and TextMine® will have no obligation to forward any unsent, unread, or stored messages to Member or any third party. TextMine® reserves the right to refuse the Service to any Member whose Service was terminated by TextMine® or who previously terminated the Service for whatever reason.

11. INDEMNIFICATION

Member agrees to indemnify and hold TextMine®, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member’s use of the Service or violation of the Terms and Conditions, or Member’s violation of any rights of another Member, person or entity.

12. NO RESALE OF SERVICE

Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

13. GENERAL USE AND STORAGE LIMITATIONS

Member acknowledges that TextMine® may establish general practices and limits concerning use of the Service, including without limitation the maximum number of users, the maximum number of days Member’s account transaction information will be retained by the Service, the maximum number of SMS messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TextMine®’s servers on Member’s behalf, and the maximum number of times (and the maximum duration for which) Member may access the Service in a given period of time. Member agrees to take no actions which impose an unreasonable or disproportionately large load on TextMine® resources (as determined solely by TextMine® in light of the load imposed by other TextMine® Members in general). Member agrees that unsolicited distribution of commercial SMS messages (‘junk messages’) through the Service is prohibited and TextMine® may, in its sole discretion and with or without notice, use technologies to eliminate delivery of such messages.

14. MEMBER CONDUCT

Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘Content’), transmitted through the use of the Service, is the sole responsibility of the person from which such Content originated. Therefore, the Member and NOT TextMine® is solely responsible for all Content transmitted through the use of the Service. TextMine® does not guarantee the accuracy, integrity or quality of any Content transmitted through the Service. Furthermore, under no circumstances will TextMine® be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind whatsoever incurred as a result of the use of the Service. Under no circumstances will TextMine® be liable for any Content sent to the Member that is offensive, indecent or objectionable in any way. TextMine® reserves the right to take any action, with or without any notice, including but not limited to terminating Member’s account, for any transmission of Content by a Member that violates any agreements between TextMine® and its suppliers and partners. Member agrees to not use the Service to: (a) transmit any Content that is unlawful, threatening, harmful, abusive, harassing, obscene, libellous, hateful or otherwise objectionable in any manner; (b) conduct any illegal activities; (c) impersonate an individual or an entity or an affiliation with an individual or an entity; (d) infringe any third party’s patent, copyright, trademark, trade secret or other proprietary rights; (e) harm minors in any way; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, policies or regulations of networks connected to the Service; (g) intercept, manipulate, forge or in any other way alter the identifiers of the transmission in order to manipulate the origin of the Content transmitted through the Service; (h) intercept, manipulate, forge or in any other way alter the Content transmitted through the Service; (i) collect or in any way store or manipulate data of other Members; (j) intentionally or unintentionally violate any applicable local, state, national or international law and regulations; (k) transmit any unsolicited or unauthorized advertising, offers, promotional materials, ‘junk mail’, ‘junk messages’, ‘spam’, ‘pyramid schemes’ or ‘chain letters’; (l) transmit messages to any individual or an entity of a list where the individual or the entity has not given permission to be included in the list; or (m) transmit any material that contains software viruses or any other computer software code that is designed to interrupt, destroy or in any way limit the functionality of any computer software, hardware, network or telecommunications equipment;

15. DEALINGS WITH ADVERTISERS

Member’s correspondence or dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between corresponding Member and such advertiser. Member agrees that TextMine® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers on the Service.

16. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY UNDERSTANDS AND AGREE THAT:

(a) MEMBER’S USE OF THE SERVICE IS AT THE MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND TEXTMINE® EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

(b) TEXTMINE® MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER’S EXPECTATIONS (v) THE QUALITY OF TRANSMISSION OF DATA WILL BE ACCURATE OR LEGIBLE (vi) THE TRANSMISSION OF DATA WILL BE COMPLETE AND (vii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) TEXTMINE® ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE DATA, MESSAGES, PIM DATA, CONTACTS, APPOINTMENTS, AND ANY OTHER PERSONALIZATION SETTINGS.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM TEXTMINE® OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

17. LIMITATION OF LIABILITY

MEMBER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT TEXTMINE® OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEXTMINE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT, THE LIABILITY OF TEXTMINE® AND ITS SUPPLIERS TO MEMBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE MONTHLY FEES, EXCLUDING ANY USAGE CHARGES, ACTUALLY PAID TO TEXTMINE® BY MEMBER UNDER THESE TERMS AND CONDITIONS DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICE SET BY TEXTMINE® HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, MEMBER HEREBY RELEASES TEXTMINE® AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

18. GENERAL

These Terms and Conditions are personal between Member and TextMine® and governs Members use of the Service, superseding any prior agreements between Member and TextMine®. They are not transferable and any attempt by Member to rent, lease, sub licence, assign or transfer any of the rights, duties or obligations hereunder is void. These Terms and Conditions and the conduct of the parties hereto shall be construed in accordance with the laws of England and subject to the exclusive jurisdiction of the English courts. The failure of TextMine® to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

TextMine® may assign or sub-contract all or any of its rights and obligations under these terms and conditions.

TextMine® may alter these terms and conditions from time to time and post the new version on the web site following which all use of the Service will be governed by that version. By continuing to use the Service, it is implied that you accept the changes made.

19. Notices

All notices shall be given by means of the e-mail address you provide during the registration process. Notice will be deemed received 24 hours after the e-mail is sent.

20. Force Majeure

Neither Member nor TextMine® shall be liable in respect of any breach of these Terms and Conditions (other than failure to make payment of charges when due) due to any cause beyond its reasonable control including but not limited to act of God, civil commotion, malicious damage, accident, breakdown of plant or machinery, flood or storm, lightning or fire, industrial action, or lockouts, the act or omission of Government, any Regulatory Body or other competent authority, war, military operations, or riot, or congestion or non-operation of any of the GSM cellular radio telecommunications systems.

TextMine Limited. Version 009.