SMS Terms & Conditions

SMS Terms of Service

    1. Overview

Welcome to ACSAR, LLC (hereafter “ACSAR” or “BIZTEXT247.COM”, both interchangeable). Use and access to ACSAR (including any rebranded or white label version of ACSAR or BIZTEXT247.COM), and the common carrier services described below (the “Services”), are subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy located either at https://www.acsarcom.com/privacy or https://www.biztext247.com/privacy .

PLEASE READ THESE TERMS OF USE COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THIS SERVICE (ALSO REFERRED TO AS “WEBSITE”), WHETHER THROUGH ACSAR’S WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. IF YOU ARE A RESELLER OR A USER OF ACSAR’S WHITE LABEL SERVICE, YOU ALSO AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN POLICIES, PRODUCTS, AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS OR USERS ADHERE TO THESE TERMS.

​ACSAR reserves the right, at its sole discretion, to modify and post these Terms of Use at any time without prior notice. You are advised to visit this page to review the current Terms of Use on a regular basis.

​ACSAR provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. ACSAR also provides a tool to help you import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent is required as part of the certification process before the import of contact information.

​In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.

​ACSAR’s service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.

​ACSAR reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you. ACSAR also reserves the right to refuse service if ACSAR believes that your conduct is harmful to the interests of ACSAR and its affiliates. ACSAR reserves the sole discretion and right to permanently delete archived data after 90 days.

​ACSAR will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.

Permission-Based Subscription Requirements

​ACSAR has a no-tolerance policy toward spam. Although ACSAR does not assume the duty or obligation to monitor messages, ACSAR reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.

​Evading ACSAR’s monitoring system or the transmission of spam messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately.

​Every outgoing email via the ACSAR service must contain a link that allows the recipient to unsubscribe from your distribution list(s). Voice broadcasts also must include verbal instructions for opting out of your calling list. All mobile messages must conform to the latest available best-practice guidelines published by the Mobile Marketing Association (currently available at https://www.mmaglobal.com/policies/consumer-best-practices), which you agree to review before using ACSAR’s service. For example, and without limitation, every SMS message must include “STOP” instructions.

​IMPORTANT for Mobile Keywords: You must include the opt-in disclosure shown below in all of your promotional materials in all media: website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword without warning as well as third-party legal action.

​Summary Terms & Conditions: 

Our mobile text messages are intended for subscribers over the age of [minimum age] and are delivered via U.S. short code or long code. You may receive an unspecified number of message(s) per month for advertising, marketing, or other communication purposes. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, email , or call our support number. You may stop your mobile subscription at any time by email notification, with delivery confirmation.

Privacy and Anti-Spam Policies

​The following terms and information (ending at “Warranty Disclaimer”) constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of ACSAR’s service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.

​What is spam? 

Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number. Before using ACSAR’s service, you agree to review and abide by the following linked resources and to check for any revisions, as they may be amended over time.

• • TCPA

  • CAN-SPAM Act

  • MMA

  • CTIA

  • CRTC (for sending messages to Canada)

• What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differs depending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations with the recipients. Purchasing a product or service from you, participating in an event with you, or “liking” or “following” your business on Facebook or Twitter does not constitute consent to receiving messages from you. If you require confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.

• What constitutes prior express written consent? If you are sending text or voice solicitations, your campaign must meet the “prior express written consent” standard. The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.

  • Signing the agreement authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system.

  • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.

• As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. For more details on the revised TCPA regulation, click here.

• You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with our service.

• You agree to all terms set forth in ACSAR’s Import Agreement, Privacy Policy and Anti-Spam Policy.

• You agree that you will import, add, edit, access and otherwise use in connection with ACSAR’s service only contact information with proof, which you shall retain, of each subscriber’s’ prior express written consent to receive solicitation from you. ACSAR reserves the right, at its sole and absolute discretion, to deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization’s legal identity.

• You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.

• You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.

Acceptable Use Policy

​ACSAR reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. ACSAR’s services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others’ use or enjoyment of the services is prohibited.

​The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.

​

• Adversely affecting the availability, reliability, or stability of ACSAR’s services

• Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of ACSAR’s services

• Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to ACSAR, any ACSAR client, or any of their subscribers

• Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities

• Using the services in any manner that may subject ACSAR or any third party to liability, damages, or danger

• Using the services in any manner that violates any applicable third-party policy or requirement

• Using the services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines, or any other industry standard

• Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account

• Using any property or material trademarked or copyrighted by ACSAR in any manner other than those expressly permitted under these Terms of Use

• In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity

• Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers

• Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act

• Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail

• Offering any emergency services (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)

• Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header

• Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software

• Interfering with or disrupting any network connected to ACSAR services or violating the regulations, policies, or procedures of any such network

• Using the ACSAR services or any component thereof in a manner not authorized by ACSAR

​Prohibited Content

​In addition to and without limitation to terms under the Acceptable Use Policy, ACSAR prohibits any use of the service in connection with any of the following types of content, products, and services.

​

• Pornography, sexual products, otherwise sexually explicit material, and escort services

• Illegal drugs and drug contraband

• Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age

• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code

• Instructions or materials for the assembly of bombs or other weapons

• Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor)

• Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner

• On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age

• Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)

• Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial independence” offerings

• Any libelous, defamatory, scandalous, threatening, or harassing activity

• Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age

• Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence

• Any product or service related to death (e.g., mortuaries and cemeteries)

• Any product or service that is unlawful where such product or service or promotion thereof is received

• Images of authors, artists, photographers, or others without prior express written consent form the content owner

• Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier

​

Warranty Disclaimer

​ACSAR PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN “AS IS” BASIS. ACSAR AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ACSAR DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

​WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, ACSAR DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH ACSAR SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, ACSAR WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.

​NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY ACSAR, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.

​Indemnification

​You hereby agree to defend, indemnify, and hold harmless ACSAR and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your ACSAR account, (iii) any other use of ACSAR’s service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to ACSAR’s system, records, data, or settings.

​You agree that ACSAR has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates ACSAR’s privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from ACSAR and its affiliates whether or not ACSAR is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

​Termination

​You may terminate this agreement at any time by sending an email through ACSAR’s website or user interface. Service may not be cancelled by any other method such as phone, email, or letter and acording to the terms of your contract. If termation occurs prior to the end of your contract, ACSAR reserves the right to collect the remaining amounts due by billing the payment method on file, or any other legal remedy at hand. 

​Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly cancel your account or until your data has been purged (whichever occurs first). ACSAR may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by ACSAR as inactive for at least 90 days, ACSAR reserves the sole discretion and right to permanently and irrevocably delete all of your account data. In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable fees through the date of ACSAR’s purging of your data. You understand and agree that ACSAR will make no refund of any fees whether or not the service has been used.

​At any time, with or without notice, ACSAR may terminate this agreement or the service or disable your account in whole or in part at ACSAR’s sole discretion. ACSAR shall bear no liability to you or any third party because of any such action.

​Acknowledgements

You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.

​

• The service will be subject to monthly or yearly software license and usage fees

• Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.

• ACSAR is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.

• You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to ACSAR servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.

• Text-to-win sweepstakes may be approved only by use of a dedicated short code. Shared short codes may not be used for such promotions.

• If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.

• You and ACSAR agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any ACSAR representative will be honored. No delay or omission by ACSAR in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.

• No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind ACSAR in any respect whatsoever.

• In any action or proceeding with you to enforce ACSAR’s rights under the Agreement, you agree that ACSAR will be entitled to recover its costs and attorneys’ fees.

• The agreement shall be governed by the laws of the State of California, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest Santa Barbara, California.

• ACSAR reserves the right to refuse, suspend, disable, or terminate any party’s service, in whole or in part, at any time, for any reason, and without notice. ACSAR shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.

   2. The Services

Services described on the ACSAR or BIZTEXT247.COM Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the ACSAR or BIZTEXT247.COM Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.

The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers (“DIDs”), Toll Free Numbers (“TFNs”) messaging applications, voice broadcast applications, SMS and MMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send SMS messages, MMS messages and/or voice broadcasts to recipients designated by you (collectively, the “Services”). We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access and use the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services.

ACSAR and/or BIZTEXT247.COM only provides that the Services are processed correctly and further transmitted by ACSAR to the applicable downstream network. ACSAR is not responsible for the final delivery of any communication initiated by you through the Services, as this is out of our control and is the responsibility of downstream communications carriers.

ACSAR and BIZTEXT247.COM transmits and receives voice, SMS, and MMS messages via other major telecommunications companies and mobile network operators, and thus ACSAR’s’ influence over the timing of the transmission of your messages is within the technical constraints imposed upon ACSAR. While ACSAR shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages across the public switched telephone network and/or Internet. You should know that communications carriers assign messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. ACSAR is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from ACSAR for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value. Further, each message has a nine hundred sixty (960) character count and exceeding this count shall result in addtional message charges. SMS and MMS messages are billed at different rates which shall be defaulted at ten cents each, unless otherwise negotiated under contract.

   3. Usage Policy

You represent and warrant that the owners of the phone numbers you initiate messages to through the ACSAR or BIZTEXT247.COM services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages to any individuals after they request DNC status.

You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the ACSAR or BIZTEXT247.COM Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the ACSAR or BIZTEXT247.COM Services by visiting the following websites:

• Federal Trade Commission, https://www.ftc.gov

• TCPA https://www.fdic.gov/regulations/compliance/manual/8/viii-5.1.pdf

• Federal Communications Commission, https://www.fcc.gov

• DoNotCall Registry Info, https://www.donotcall.gov

The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (https://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and SMS or MMS messages. ACSAR Communications is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the ACSAR Communications Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages.

You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the ACSAR or BIZTEXT247.COM Sites or Services.

You accept that the Services are provided for professional use only, and you agree that your use of the ACSAR or BIZTEXT247.COM Sites or Services shall not include:

• Sending unsolicited marketing messages (i.e. spam);

• Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services;

• Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services;

• Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related phone numbers;

• Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;

• Harvesting, or otherwise collecting information about others, without their consent;

• Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you;

• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;

• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;

• Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;

• Interfering with, or disrupting, networks connected to the Services or violating the regulations, licenses or procedures of such networks;

• Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;

• Interfering with another’s use and enjoyment of the Services or ACSAR Communications Sites; or

• Engaging in any other activity that ACSAR or BIZTEXT247.COM believes could subject it to criminal liability or civil penalty/judgment.

You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that ACSAR is, under no circumstances, responsible for the contents and/or accuracy of your messages and ACSAR will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You are solely responsible for providing the content of all messages initiated by you through the Services. ACSAR and/or BIZTEXT247.COM will not be liable for any misuse of the Services by you. ACSAR is not responsible for the views and opinions contained in any of your messages or broadcasts.

Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the ACSAR or BIZTEXT247.COM system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by ACSAR and fines may be assessed to recover excess charges from ACSAR VoIP termination companies.

   4. Content Submission / Discussion Areas

You agree that any information or materials that you or individuals acting on your behalf provide to ACSAR (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to ACSAR (other than information required for your use of the Services as contemplated herein), you grant to ACSAR an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials, and you further agree that ACSAR is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to ACSAR . In connection with such information and materials, you warrant and represent to ACSAR that you have all rights, title and interests necessary to provide such content to ACSAR and that your provision of the content to ACSAR shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

ACSAR may, at its option, provide you with one or more areas within the ACSAR Sites for online discussions (e.g. message boards, wikis, chat rooms, or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. ACSAR reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. ACSAR shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

   5. Username / Password

As part of the registration process you will need a username and/or password. You shall provide ACSAR or BIZTEXT247.COMwith accurate, complete, and regularly updated member profile information. You agree to notify ACSAR of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in ACSAR’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

   6. Newsletter and Communications Concerning the ACSAR Services

Any email addresses submitted for a new account for use of the Services are automatically added to the ACSAR newsletter. Any email addresses submitted to ACSAR’s agent-login screen are automatically added to the ACSAR Communications newsletter. To permanently unsubscribe to any ACSAR’s newsletter please email sales@biztext247.com.

By providing your telephone number to ACSAR, ACSAR Communications reserves the right to contact you via calls or text messages to provide you information about your account and/or the ACSAR Services requested by you. To the extent you have separately agreed to receive periodic text or voice alerts on products, services, events, special offers or other promotional messages related to ACSAR and the ACSAR or BIZTEXT247.COM Sites, ACSAR may contact you pursuant to the terms of any such separate agreement.

   7. Intellectual Property

You are permitted to access the ACSAR or BIZTEXT247.COM Sites, the Services, and any content provided by ACSAR (which may include text, images, hosted software, sound files, video or other content, and may be provided via the ACSAR or BIZTEXT247.COM Sites or otherwise) solely for the purpose of receiving information about ACSAR’s’ business and products, purchasing and utilizing the Services, communicating with ACSAR, entering prize promotions offered by ACSAR, or otherwise as stated on the ACSAR or BIZTEXT247.COM Sites. ACSAR hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the ACSAR or BIZTEXT247.COM Sites and Services solely for the purpose of operating the ACSAR or BIZTEXT247.COM Sites and using the Services.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the ACSAR or BIZTEXT247.COM Sites. Except as expressly provided in these Terms, the availability of the Services and the ACSAR or BIZTEXT247.COM Sites does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the ACSAR or BIZTEXT247.COM Sites are the sole property of ACSAR or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services or ACSAR or BIZTEXT247.COM Sites, including any proprietary communications protocol used by the Services or the ACSAR or BIZTEXT247.COM Sites without the express written permission of ACSAR. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

ACSAR and BIZTEXT247.COM abide by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by ACSAR that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. ACSAR and BIZTEXT247.COM does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with ACSAR rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by ACSAR Communications, please provide a notification containing the following details:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that we can contact you (for example, your address, telephone number, email address);
• A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
• Your physical or electronic signature.

Then send this notice via email to: sales@biztext247.com

   8. Data Protection & Privacy

In order to ensure your compliance with these Terms and to ensure that ACSAR Communications complies with national and international laws, we may, from time to time, randomly check the messages that you send. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at https://www.biztext247.com/privacy. Except as otherwise required for your use of the Services as contemplated herein, ACSAR does not want you to, and you should not, send any confidential or proprietary information to ACSAR via the ACSAR or BIZTEXT247.COM Sites or the email addresses referenced on the ACSAR  Sites.

You further recognize that ACSAR does not want you to, and you warrant that you shall not, provide any information or materials to ACSAR that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

   9. Payments

Your use of the Services is contingent on your paying for such use (whether paid in advance or through the payment terms extended by the ACSAR or BIZTEXT247.COM Sites), in the amounts and using the methods indicated on the ACSAR or BIZTEXT247.COM Sites. Your payment for the Services, Credits (as defined below in Section 10), keywords, DIDs, TFNs, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when ACSAR receives the full amount of payment owed for such Services, Credits, keywords, DIDs TFNs and/or plans. You are responsible to pay for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As ACSAR is dependent on other entities for the delivery of your messages and broadcasts, our price per message may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.

ACSAR and BIZTEXT247.COM will charge your indicated method of payment for the Services, DIDs and/or plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. ACSAR will assess an additional charge based on the costs ACSAR incurs for porting each DID number assigned to you that you request to be ported within six months of the original assignment by ACSAR and ACSAR may further restrict the ability to port telephone numbers assigned to you by ACSAR consistent with FCC regulations. Your account will be credited within 24 hours of ACSAR verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by ACSAR or BIZTEXT247.COM.

ACSAR cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in California and is subject to any applicable California taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by ACSAR , you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed.

ACSAR shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and ACSAR, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call or messages sent originating from your account or initiated using your API key. In the event of accidental under billing in favor of a customer, a non-payment by customer under these Terms, ACSAR shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of ACSAR’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.

   10. Credits

Credits occur when payment is made beyond the billed amount due. Credits are applied to both billed and unbilled usage of services and facilitate the transmission of the ACSAR Services selected by you. The submission of a seemingly-valid message or broadcast will cause an associated quantity of credits to be debited from your account and you can obtain the status of your account at any time through the online interface. Each message consists of nine hundred sixty charaters and exceeding that limit results in additional message charges accordingly. 

Expiration of Credits and Prepaid Minutes

Credits purchased as a part of any package or monthly plan offered by ACSAR or BIZTEXT247.COM, including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan, and not used within the month of purchase, expire at the end of the month, unless the plan explicitly provides for roll-over of credits. Individual anytime, non-monthly plan credits account expire after 12 months from the date of purchase, at which point such credits shall expire automatically, unless otherwise stated at the time of purchase. Credits are applied to oldest billed or unbilled amounts first. Additionally, the value of credits may change over time as the cost of transmission changes, and thus you acknowledge that the number of credits needed to utilize the Services may change correspondingly. You may request a full refund of any unused, non-monthly plan credits within one (1) business day of purchase. No other refunds will be given. Any unused value shall be forfeited upon expiration. All prices, per-message rates, and billing increments are subject to change at any time due to fluctuations in market conditions. Notwithstanding the above, ACSAR may, in its sole discretion, offer customized plans that provide for individualized terms concerning credit expiration, billing cycles, account maintenance fees and/or other agreed upon terms. The terms of such customized plans will be made known via electronic notice or provided for on eitehr the ACSAR or BIZTEXT247.COM Site.

   11. No Warranty; Limitation of Liability

ACSAR reserves the right to modify, suspend, or discontinue the offering of any of the ACSAR or BIZTEXT247.COM Sites or Services at any time for any reason without prior notice. Further, while ACSAR utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the ACSAR or BIZTEXT247.COM Sites or Services.

You acknowledge that your messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. ACSAR recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.

ACSAR shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. ACSAR will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in ACSAR offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE ACSAR SITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, ACSAR DOES NOT WARRANT THAT THE USE OF THE ACSAR SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL ACSAR BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, ACSAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE ACSAR SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. ACSAR MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ACSAR SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE ACSAR COMMUNICATIONS SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, ACSAR COMMUNICATIONS IS NOT RESPONSIBLE FOR THOSE COSTS. ACSAR COMMUNICATIONS TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE ACSAR COMMUNICATIONS SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO ACSAR COMMUNICATIONS HEREUNDER.

   12. User Warranties; Indemnification

You warrant and represent to ACSAR that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the ACSAR Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.

You agree to indemnify and hold harmless ACSAR and its affiliates and each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by ACSAR in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the ACSAR or BIZTEXT247.COM Sites or Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to ACSAR by you as a direct result of a violation of local, state, national or international laws and regulations, including but not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by ACSAR to you.

Opt in Guarantee by Client. Clients of ACSAR guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages and/or MMS messages recognize the sender and expect to receive said messages from him or her. ACSAR reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages and/or MMS messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where ACSAR suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.

Mobile Phone Numbers Provided To Us:

 

By providing mobile phone numbers for use on the ACSAR platform, you represent that:

1) You are in compliance with MMA and TCPA Guidelines.

2) ACSAR’s website (biztext247.com) delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.

3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.

Reporting: Receiving access to ACSAR’s messaging platform will confirm the start of the campaign and provide proof of performance.

Service Level and Third Party Reliance: Uptime for ACSAR ‘s messaging platform is 99.99%. ACSAR however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between ACSAR and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of “Force Majeure” as described herein..

   13. Termination, Cancellation and/or Suspension by ACSAR 

If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you.

Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and ACSAR shall have no obligation to you after any termination or cancellation of these Terms.

Should such a termination take place when you still have a credit on your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by ACSAR or BIZTEXT247.COM, including, without limitation, for payment of transfer duties, usage, legal costs, third-party costs, or penalties.

The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or ACSAR or BIZTEXT247.COM Sites.

   14. Termination by the User

You are free to terminate or cancel your use of the Services at any time, and for any reason. If you are on a monthly plan or pay for monthly Keywords TFNs or DIDs, login to your account, downgrade to Pay as you Go and cancel any Keyword TFN or DID subscriptions you may have. Notwithstanding the foregoing, unless due to a breach solely by ACSAR that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall ACSAR be obligated to refund to you the reasonable value of any unused credits previously purchased by you.

   15. Links to other Websites

The ACSAR or BIZTEXT247.COM Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by ACSAR of the contents on such third-party websites. ACSAR is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

ACSAR cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from the ACSAR or BIZTEXT247.COM Sites, since these websites are owned and operated by independent third parties. ACSAR does not endorse any of the products/services, nor has ACSAR taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. ACSAR does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. ACSAR strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

ACSAR consents to links to the ACSAR or BIZTEXT247.COM Sites which conform to the following: the appearance, position, and other aspects of any link to the ACSAR or BIZTEXT247.COM Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by ACSAR nor be such as to damage or dilute the goodwill associated with the name and trademarks of ACSAR or its affiliates. ACSAR reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

16. Security Rules

You are prohibited from violating or attempting to violate the security of the ACSAR Communications Sites and Services and from using the ACSAR Communications Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the ACSAR Communications Sites or Services, host or network, including, without limitation, via means of submitting a virus to the ACSAR Communications Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any ACSAR packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ACSAR may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the ACSAR or BIZTEXT247.COM Sites who are involved in such violations.

17. Force Majeure

ACSAR shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of ACSAR. In addition, ACSAR shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.

18. Choice of Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding its laws governing conflicts of laws. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Ventura, California in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. The award of the arbitrator shall be based on the evidence admitted and the substantive law of the State of California (subject to any applicable preemption or supersedence by U.S. federal substantive law) and shall contain an award for each issue and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit ACSAR’s’ access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken. Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of non-privileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under California law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder.

Anything in the foregoing paragraph to the contrary notwithstanding, ACSAR may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms.

These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to ACSAR are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.

   19. Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ACSAR in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, ACSAR will be entitled to recover costs and attorneys’ fees if it substantially prevails.

All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. ACSAR may give notice to you by means of a general notice on the ACSAR or BIZTEXT247.COM Sites or Services, electronic mail to your e-mail address on record in ACSAR’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in ACSAR’s account information.

Toll free telephone numbers (TFNs) or virtual telephone numbers (VTNs or DIDs) ported in by the Customer for use with the Service remain the property of the Customer and may be ported to another carrier of the Customer’s choosing as long as the Service remains active for the duration of the porting process. If the Customer cancels one or more ported-in toll free phone numbers from their Service or terminates the Service in whole prior to porting toll free phone numbers away, any canceled toll free phone numbers may not be available to port away as they may be released to the SMS/800 pool of spare toll free phone numbers or re-assigned to new ACSAR customers. It is the Customer’s responsibility to complete, prior to cancellation, the porting away of any ported-in toll free phone numbers the Customer wishes to retain as their property.

Any telephone numbers provided by ACSAR for use with the Service, however, are included as an integral component of any of the Services provided by ACSAR, either as pre-paid or post-paid, or as a bundled service that includes the telephone number(s), and may include virtual automated attendant, Internet faxing capabilities, voicemail storage and access, call reports, and other related services. Toll free phone numbers may be controlled by third-party toll free Responsible Organizations (“Resp Orgs”) and ACSAR remains both the end-user customer of said Resp Orgs and the “Subscriber of Record” with respect to these phone numbers. As such, any telephone number provided by ACSAR for use with the Service do not become the property of the Customer and their portability is at the sole discretion of ACSAR.