You represent, undertake and warrant to SMS Util that you will use Services
provided SMS Util only for lawful purposes. In particular, you represent,
warrant and undertake that:
- you will not use the Services in any manner which infringes any law or regulation or which infringes the rights of or, causes annoyance, inconvenience or needless anxiety to any third party, nor will you authorise or permit any other person to do so;
- you will not use the Services to post, link to or transmit:
- any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way;
- any material containing a virus or other hostile computer program; and/or
- any material which constitutes, or encourages the commission of, a criminal offence or which infringes any intellectual property right;
- you will keep secure any identification, password and other confidential information relating to the Services and shall notify SMS Util immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information;
- you will observe the procedures which SMS Util may from time to time prescribe and shall make no use of the Services which is detrimental to SMS Util's other customers;
- you will procure that the Services are used in accordance with all applicable legislation (including data protection legislation) and in a secure manner;
- (if you are an individual), you are using the services for business use and are at least 18 years of age; and
- (if you are a company), the Services will not be used anyone under the age of 18 years.
Whilst SMS Util will use reasonable endeavours to ensure the integrity and security of the Services, SMS Util does not guarantee that the Services will be error or interruption free or free from unauthorised users or hackers.
SMS Util may from time to time:
- temporarily suspend part or all of the Services without notice for the purposes of repair, maintenance or improvement. SMS Util undertakes to use reasonable endeavours to restore the Services as soon as possible after any such suspension;
- give instructions regarding the use of the Services which in SMS Util's reasonable opinion are necessary in the interests of safety or to maintain or improve the quality of the Services provided SMS Util and any such instructions shall, whilst they are in force, be deemed to form part of the Contract between You and SMS Util; and/or
- vary the technical specification of the Services for operational needs.