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MESSAGING SERVICE
ipipi.com (ipipi, the Service) is provided by Upside
Wireless Inc. located at #503-535 Thurlow Street, Vancouver,
BC, V6E 3L2, Canada
ACCEPTANCE
When you sign up with our Service, you automatically
confirm that you accept all terms in this agreement.
You can sign up with ipipi irrespective of where you
live in the world and your age. Please observe however,
that underage persons sometimes need consent from parents.
You always act as a private person and only represent
yourself.
DESCRIPTION
OF SERVICE
ipipi supplies you with a set of services that allow
you to send and receive text messages to and from almost
any network
in the world. This is NOT A FREE SERVICE.
All SMS messages (one SMS = one credit) require one
credit in order to be processed. When you create a new
account we will credit it with a few free SMS credits
so that you can evaluate our service. Please
note that these free evaluation credits are available
to most, but NOT all global networks.
As part of your account you also agree to receive 1-2
newsletters from our company each month. PAID users
can opt-out from this program on the Personal Info screen
of their accounts.
REGISTRATION
When you register, we may ask you to state your address,
country of residence, language of choice and some additional
data about you and or you personal interests. If you
chose to register your name as part of your email address
or elsewhere, you consequently agree to that your name
and other information you have provided will be stored
and processed in the ipipi database. DELIVERY
The international SMS network is built on the "best
effort" principle. This means that delivery of
messages cannot be guaranteed. Over 5
years in business we have over 99% successful delivery
rate where over 90% of messages are delivered within
few minutes (often seconds). We cannot, however,
guarantee delivery of messages and we do not refund
credits for unsuccessful messages.
PICTURE MESSAGES
Due to significant variations in phone capabilities,
service provider capabilities and restrictions on the
delivery and access some service providers impose we
are unable to guarantee delivery or ability for
your recipients to access picture messages. No refunds
will be issued under any circumstances.
Before you send picture messages please note that:
- The recipient’s phone must be capable and
setup to accept picture messages, the phone must be
able to receive and correctly interpret WAP pages.
- The recipient of the message must have setup the
handset with his/her service provider prior to your
sending the message.
QUALITY OF DATA
The information that you state to us when you register
must be updated, correct and complete. Please note that
accounts with invalid information (for example e-mail
account, name or country) may be deleted as our sole
discretion, together with all associated information.
It is your responsibility to make sure that your information
is up-to-date.
SUBSCRIPTION ACCOUNTS
Subscription accounts enable account holders to send
and receive SMS messages at preferential terms. The
payment for a subscription is executed monthly on the
day the subscriber first joined the program. Subscriptions
can be cancelled under the following terms:
- Subscription privileges stop at the time of cancellation
- No refunds for subscriptions will be issued under
any circumstances
INTEROPERABILITY
The ability to send and receive SMS messages is subject
to subscriber contracts, roaming agreements and billing
configuration. Due to the nature of the global SMS network
the roaming and interoperability status, as well as
our ability to deliver your messages to or from any
network may change without notice.
USAGE
When you have received your email address and your password,
you can send a few test SMS messages to a limited number
of networks (this limitation is removed for PREPAID
users). You may use up to 1 MB of memory for your account.
It is your responsibility to manage and periodically
empty your mailbox. If your account exceeds 1
MB our automated cleanup service will delete part of
your messages starting with the oldest ones. Also, automated
cleanup process deletes all messages of evaluation accounts
older than 14 days. Your account may also be
prevented from receiving new messages while its size
exceeds the limit. Should you want to exceed this
limit and stop receiving promotional messages you can
open a pre-paid account. If you are interested
in this option please review
available information on SMS account types. If
you choose to recommend your friends to ipipi, you will
receive some credits when they sign up and some additional
bonus credits when they become prepaid. If you refer
friends from an evaluation account, these new credits
will be additional test credits; you will be unable
to send custom personalized messages until you become
a paid user.
The address and email box supplied by ipipi must not
be used for criminal purposes or in a way that disturbs
other users or intrudes on other persons or on their
property. You are responsible for ensuring that the
information you provide using our services is legal
and in accordance with normal morals and the general
ethics which apply on the Internet. Consequently, you
are not allowed to: encourage a crime or assist anyone
who encourages a crime in any way, make or distribute
statements which discriminate or emphasize anyone's
race, skin colour, sex, religion, ethnic origin or sexual
orientation, distribute pornographic pictures or pictures
which portray gross violence, force or brutality, make
or distribute statements which are offensive or insulting.
If you do any of the following your account will be
deleted without warning of any kind.
SPAM
Upside Wireless Inc. will immediately terminate
and delete your ipipi account if it believes that the
account is being used for SPAM or unsolicited bulk messaging.
Upside is bound to deliver a valued service and
will NOT
TOLERATE SPAM (sending of unsolicited
message) of SMS, MMS, EMS or email messages and/or ANY
other kind of messages. You, or users of your sub accounts,
are NOT permitted to send SPAM. If
you do send mass SMS, MMS, EMS or email messages using
your ipipi.com account you MUST comply with the CAN-SPAM,
anti-spam legislation laid down by European Union (7(1)
of Directive 2000/31/EC, by Articles 6 and 7) or any
other anti spam legislation in other jurisdictions.
Failure to do so will result in immediate and irrevocable
termination of your account. Upside's refund policy
for accounts that are suspected of SPAMMING is VOID
and NO refunds will be issued.
Please note that neither unsolicited messages nor any
other messages that are in breach of US or international
laws may be sent via the Service and that any consequences
arising from the breach of US or international laws
will be born by you. Upside Wireless Inc. (the operator
of ipipi.com service) does not assume any responsibility
for the content of the messages you send via its platform.
We hereby underline your responsibility:
The client undertakes that it will not knowingly
use the ipipi.com service for any illegal, immoral or
improper purpose or in any manner which contravenes
the law or regulatory requirements of the appropriate
jurisdiction or knowingly in any way which is indecent
or offensive or in any way that could be considered
as Spamming, and undertakes not to allow any third party
to do so. The client explicitly confirms that for each
SMS-MT it sends to Mobile Subscribers via the ipipi.com
service/platform, the client has the prior consent of
the recipient of each message before the message is
sent.
Since penalties can be drastic, it is in your best interest
to closely obey all laws and regulations.
QUALITY OF SERVICE
You use your account and information from the Internet
entirely at your own risk. Upside Wireless Inc. does
not take responsibility for: (a) that the service will
be without faults or delays, (b) any effects on your
life when you use your account or download anything
from the Internet or (c) for goods, services or transactions
using your account.
REFUND POLICY
For our customers with pre-paid accounts we offer a
"30-day-no-question-asked" refund policy. If, for whatever
reason, you are not satisfied with our service we will
refund the purchase price of all unused SMS credits.
Please note that setup fees and used SMS credits
CANNOT be refunded. All refunds are issued
through PayPal immediately upon your request.
SMS CREDITS
EXPIRATION
- For credit purchases of under 499 credits all SMS
credits expire 90 days from your last purchase.
- For credit purchases of 500 or more credits all
SMS credits expire 120 days from your last purchase.
If you purchase credits before the expiration
date all remaining credits will roll-over and remain
in your account.
USE OF THE REMEMBER
ME OPTION
THIS IS GENERALLY NOT A SECURE PRACTICE and we suggest
you use it ONLY on your personal computer and ONLY if
you are THE ONLY person with access to your computer.
UNDER NO CIRCUMSTANCES use this option if you are using
a computer from an Internet Cafe, a Library or any other
public place. Under NO circumstances will Upside be
liable for any loss of credits arising from your use
of this option.
EQUIPMENT
You must have access to the necessary equipment to use
the Internet. You must have access to the Internet and
you must pay all costs pertaining to such access.
SYSTEM MAINTENANCE
Upside Wireless Inc. maintains computer equipment and
software to ensure the highest level of service. Our
scheduled database backup and system upgrade is between
5 and 5:10 PM (GMT-8). It is possible that some or all
functions will not be available at this time.
CONTACT WITH
ADVERTISERS
Members that come into contact with advertisers through
this service have the right to contact and communicate
with the advertisers as they see fit. All such contacts
takes place beyond the control of Upside Wireless Inc.
and Upside Wireless Inc. cannot under any circumstances
be held responsible for the offerings, terms and warranties
provided by the advertisers. The responsibility rests
entirely on the member and the advertisers.
PRIVACY
Your correspondence is your own private property. Upside
Wireless Inc. takes no responsibility whatsoever for
the content in the correspondence of its members. Nor
does it take any responsibility whatsoever for activities
that may take place as a consequence of communication
via the ipipi site. ipipi will not read, change, destroy
or forward the contents of your correspondence, unless
entitled to do so by this agreement or forced to do
so by law, regulation or any extraordinary circumstance.
Please read more on our privacy
policy here.
INTEGRITY
You are responsible for your account and your password.
You should therefore NEVER give your password to anyone
else. If you by accident have given out your password
and account name to someone else we strongly recommend
you to change your account password. Do not give your
account name and password to any Upside Wireless Inc.
staff members.
CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account
if: (a) you supply misleading information at the time
of registration, (b) you do not use (access) your account
within a time span of 2 months, if (c) you do not follow
the terms stated in this agreement, (d) the use of your
account contravenes the law or the conditions in this
agreement, (e) there is reasonable suspicion that a
crime has been committed, (f) if you do not maintain
a valid e-mail address or (g) if there is a suspicion
that you used your account to send SPAM. Upside Wireless
Inc. may also limit some of the functionality available
to you if you do not logon to your account for more
than 15 days. Upside Wireless Inc. also retains the
right to close ipipi service at any time, temporarily
or permanently, in case of force majeure, bankruptcy,
liquidation or similar events.
WARRANTY, RESPONSIBILITY
FOR FAULTS, ETC.
The services are provided on an -as is- basis with no
warranty implied or explicit.
INDEMNIFICATION
You agree to indemnify and hold Upside Wireless Inc.,
its parents, subsidiaries, affiliates, officers and
employees, harmless for any claim, demand, or damage,
asserted by any third party due to or arising out of
your use of or conduct on the system. The Service is
provided without any guarantees explicit or implied.
Upside Wireless Inc. is not responsible for direct,
indirect or other damage suffered by the User or a third
party as a result of using the Service, faults in the
Service or interruption to or termination of the Service.
Upside Wireless Inc. is also not responsible in any
way for the content or the delivery of the messages
which the User has sent or received via the Services.
COPYRIGHT
COPYRIGHT. This web site, the web site technology and
all content from time to time displayed by Upside Wireless
Inc. on the web site (the Web site) are the property
of Upside Wireless Inc., Canada. The Web site is protected
by Canadian and international law and conventions for
the protection of industrial and intellectual property
rights. You may not, without expressed permission from
Upside Wireless Inc., copy or to the public display
the Web site or the Web site in part or parts. You also
may not mirror the Web site on your home page. Your
use of the Web site does not create a license or any
other rights in Upside Wireless Inc.'s trademarks, services,
copyrights, or any other intellectual property or proprietary
rights.
DISAGREEMENTS
This agreement shall be governed by and construed in
accordance with laws of province of British Columbia.
In case of a dispute, you agree to submit yourself to
the jurisdiction of courts of British Columbia.
CHANGES IN THIS
AGREEMENT
Upside Wireless Inc. reserves the right to alter the
terms of this agreement. The right to use the services
is subject to your approval of the membership terms
applicable from time to time. It is therefore in your
interest to keep yourself updated on the membership
terms. By continuing to use this service, you accept
the new wording of the membership terms.
Upside Wireless Inc.
#503 - 535 Thurlow Street
Vancouver, BC, V6E 3L2, Canada
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