Telegram Gateway - Terms and Conditions

TELEGRAM GATEWAY INTERNET TELEGRAM SERVICE

This Service allows you to send a telegram anywhere in the using your credit card, personal check, or a PayPal account. The following are the terms and conditions for use of this Service. Please read them carefully.

THE SERVICE

The Service allows you to enter your own message and designate its intended recipient, and configure that message into a telegram that will be sent to any valid physical address. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third party access charges (e.g., ISP, telecommunications) incurred while using the Service. Telegram Gateway makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Telegram Gateway reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.

TELEGRAM MESSAGES AND OTHER LIMITATIONS

Telegram Gateway assumes no responsibility for the deletion or failure to store information. Telegram Gateway retains the right, in Telegram Gateway's sole discretion, to determine whether or not your conduct is consistent with this Service Agreement and may terminate the Service if your conduct is found to be inconsistent with the Agreement. Telegram Gateway retains the right to periodically review message content to ensure compliance with Telegram Gateway's policies.

USE OF SERVICE

Any commercial use of the Service, including but not limited to use of the Service for business or home solicitation, or the resale of the Services, is expressly prohibited. You agree to 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 or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

use the Service in connection with chain letters, or any duplicative or unsolicited messages (commercial or otherwise); harvest or otherwise collect information about others without their consent; create a false identity or forged messages, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; libel, defame or slander any person, or infringe upon any person's privacy rights; or engage in any other activity that Telegram Gateway believes could subject it to criminal liability or civil penalty or judgment. Telegram Gateway may, in its sole discretion, block delivery of a telegram if such telegram violates the policy set forth in this Section. Except as may be prohibited by law, you will be notified within a reasonable time at the e-mail address you provide us if the message is not delivered pursuant to this Section. YOU WILL NOT RECEIVE A REFUND OF THE TRANSACTION FEE.

FEES AND PAYMENT

Fees. In consideration for the use of the Service, you agree to pay to Telegram Gateway a transaction fee for each telegram initiated by you at the applicable rate then in effect. The current transaction fees are posted on the Rates information section within this website.

Payment. Transaction fees are due and payable before Telegram Gateway processes the telegram. You must pay for the Service by bank card. If Telegram Gateway does not receive payment from the bank card issuer, you agree to pay all amounts due Telegram Gateway immediately upon demand by Telegram Gateway. Each time you use the Service you agree that Telegram Gateway is authorized to charge your designated bank card account for the applicable rate for Telegram Gateway then in effect. (Your agreement with your card issuer governs use of your card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder.)

MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

Modification of Terms. Telegram Gateway frequently updates, modifies, and otherwise continually seeks to improve the Service. Such changes often dictate that we simultaneously modify our terms of service. As such, Telegram Gateway shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of Telegram Gateway, in either case as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by you of the Service after any such change has been posted shall constitute your acceptance of any such changes. If you do not agree with any such changes, you may cancel the Service in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. This Agreement and any license granted hereunder may be terminated, canceled and/or suspended by Telegram Gateway at any time if, in Telegram Gateway's determination, you breach these terms of service. Such termination, cancellation and/or suspension by Telegram Gateway shall be effective immediately upon notification by Telegram Gateway to you in any reasonable manner, including but not limited to, notification when you next attempt to use the Service. Upon, during, and/or after any such breach, Telegram Gateway may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from you arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.

Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time prior to initiating a telegram.

Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Agreement, you are responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Your payment and other obligations under this Agreement are not suspended, stayed, or otherwise affected by a suspension of your access to or use of the Service (in whole or in part) where said suspension arises from your failure to comply with, or your violation of, the terms of this Agreement or of any law or legal obligation. Telegram Gateway shall have no obligation to you after any termination or cancellation of this Agreement.

NO WARRANTIES OR LIABILITIES GENERALLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TELEGRAM GATEWAY WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO THE SERVICE AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICE AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

ADDITIONAL LIMITATIONS.

Without limiting the generality of the terms set forth above, TELEGRAM GATEWAY and its affiliates, agents, content providers, service providers, and licensors:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF THE SERVICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF THE SERVICE GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN;

(iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE SERVICE OR THE USE THEREOF OR INABILITY TO USE THE SERVICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN. WITHOUT IN ANY WAY LIMITING THE FOREGOING, TELEGRAM GATEWAY SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO THE SERVICE FEE CHARGED FOR THE TELEGRAM GIVING RISE TO THE DISPUTE OR ALLEGED LIABILITY.

TELEGRAM GATEWAY AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES AND NOTIFICATIONS PURSUANT TO A COMMERCIAL RELATIONSHIP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TELEGRAM GATEWAY'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth herein are for the benefit of Telegram Gateway and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Telegram Gateway, and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to the use of the Service in any manner or your use of the Service in violation of any law, rule, or regulation. You agree to cooperate as fully as reasonably required in the defense of any claim. Telegram Gateway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

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 this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with Telegram Gateway's prior written consent. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind Telegram Gateway in any respect whatsoever. All notices under this Service Agreement will 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 to the address set forth below.

ELECTRONIC DELIVERY OF FUTURE DISCLOSURES.

You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between you and us on this website or at the primary email address you provided during registration. You may print and retain a copy of all such disclosures and communications by using your personal computer and printer. In the event that your primary email address changes, you must notify us. You may revoke your consent at any time by contacting Customer Service.