US Short code 31793 WEBTEXT Info Alerts PROGRAM Services Terms of Use

WEBTEXT™ Info Alerts is a standard rate messaging program designed to support customer service support center installations. Customer Support Representatives at the contact center will be able to send information via SMS to users who contact the contact center requesting specific information to be sent to them via SMS. Users of this service will typically receive 3 SMS text messages in response to their inquiry.

Available Carriers: The “Contact Center” service is available on T-Mobile, AT&T (The old Cingular Orange),Verizon Wireless,Sprint, Iowa Wireless, Metro PCS, U.S. Cellular, West Central Cellular, NTELOS, Bluegrass, AWCC, Cincinnati Bell, Cellular South, Boost Mobile, Carolina West Wireless, Cricket/Leap, Immix Wireless/Keystone Wireless, Cellcom, VIRGIN MOBILE USA, ECIT (East Central Illinois), GCI /Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, United Wireless, Chat Mobility, NW Missouri Celllular, NE Cellular One of PA, Element Wireless, Thumb Cellular, Viaero Wireless.

How to Opt-in: To opt-in to receive information via SMS, users may do so by request during a phone call to the contact center, or by sending an email to support@webtext.com with their specific inquiry, along with a request for the reply to be sent to their cell number via SMS. Cell users may also request information via SMS by texting the keyword “CMS” to our short code 31793.

How to Opt-out: To opt-out of our SMS service, text STOP to our short code 31793, and You will be unsubscribed from our SMS text messaging service immediately. We will send You an SMS confirming that You have been unsubscribed and You will not receive any additional messages unless You opt-in to the service with a subsequent request to Contact Center for information.

How to get help or support: To get help, email us at support@webtext.com, or call our toll free number at 855.247.3232 . From Your cell phone, You can request our contact information at any time by texting HELP to 31793.

Fees: Our service never charges consumers to send or receive text messages. However, Message and Data rates may apply, depending on the terms of Your individual cell service plan.

US Short code 78016 Sedgwick Info Alerts PROGRAM Services Terms of Use

Sedgwick Info Alerts is a standard rate messaging program designed to support customer contact center installations. Customer Support Representatives at the contact center will be able to send information via SMS to users who contact the “Contact Center” requesting specific information to be sent to them via SMS. Users of this service will typically receive 3 SMS text messages in response to their inquiry.

Available Carriers: The “Contact Center” service is available on T-Mobile, AT&T (The old Cingular Orange),Verizon Wireless,Sprint, Iowa Wireless, Metro PCS, U.S. Cellular, West Central Cellular, NTELOS, Bluegrass, AWCC, Cincinnati Bell, Cellular South, Boost Mobile, Carolina West Wireless, Cricket/Leap, Immix Wireless/Keystone Wireless, Cellcom, VIRGIN MOBILE USA, ECIT (East Central Illinois), GCI /Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, United Wireless, Chat Mobility, NW Missouri Celllular, NE Cellular One of PA, Element Wireless, Thumb Cellular, Viaero Wireless.

How to Opt-in: To opt-in to receive information via SMS, users may do so by request during a phone call to the contact center, or by sending an email to stat@sedgwickcms.com with their specific inquiry, along with a request for the reply to be sent to their cell number via SMS. Cell users may also request information via SMS by texting the keyword “CMS” to our short code 78016.

How to Opt-out: To opt-out of our SMS service, text STOP to our short code 78016 and You will be unsubscribed from our SMS text messaging service immediately. We will send You an SMS confirming that You have been unsubscribed and You will not receive any additional messages unless You opt-in to the service with a subsequent request to contact center for information.

How to get help or support: To get help, email us at stat@sedgwickcms.com, or call our toll free number at 866.530.2311 . From Your cell phone, You can request our contact information at any time by texting HELP to 78016.

Fees: Our service never charges consumers to send or receive text messages. However, Message and Data rates may apply, depending on the terms of Your individual cell service plan.

Privacy Policy: You can view our privacy policy by clicking here

US Short code 40574 CONTACT CENTER PROGRAM Services Terms of Use

Contact Center is a standard rate messaging program designed to support Avaya customer service support centers. Customer Support Representatives at the contact center will be able to send information via SMS to users who contact the “Contact Center” requesting specific information to be sent to them via SMS. Users of this service will typically receive 3 SMS text messages in response to their inquiry.

Available Carriers: The “Contact Center” service is available on Alltel, AT&T, Cellular One, Sprint, T-Cell®, US Cellular, Virgin Cell, Verizon Wireless, Cricket, NTelos, Boost, Cincinnati Bell, CellSouth, CellCom, and Getlisa.

How to Opt-in: To opt-in to receive information via SMS, users may do so by request during a phone call to the Contact Center, or by sending an email to support@webtext.com with their specific inquiry, along with a request for the reply to be sent to their cell number via SMS. Cell users may also request information via SMS by texting “keyword” to our short code 40574, and we’ll guide You through the process from Your cell phone. (Example: text “AVAYA” to 40574)

How to Opt-out: To opt-out of our SMS service, text “STOP” to our short code 40574 and You will be unsubscribed from our SMS text messaging service immediately. We will send You an SMS confirming that You have been unsubscribed and You will not receive any additional messages unless You opt-in to the service with a subsequent request to Contact Center for information.

How to get help or support: To get help, email us at support@webtext.com, or call our toll free number at 855.247.3232 . From Your cell phone, You can request our contact information at any time by texting HELP to 40574.

Fees: Our service never charges consumers to send or receive text messages. However, Message and Data rates may apply, depending on the terms of Your individual cell service plan.

Privacy Policy: You can view our privacy policy by clicking here

Webtext Terms and Conditions

1          DEFINITIONS.

The following are definitions and acronyms used in these terms and conditions and the attached Service Attachment(s).

“A2P” or Application to Person refers to SMS messages that are generated and sent by an automated machine or computer program rather than a person.

“Application Programming Interface” or “API” is the connectivity method in place between Webtext and The Customer.  The API format may vary by Customer, but is limited to the specifications or formats offered by Webtext.  Examples of API formats may include, but are not limited to, Web services (HTTP), and SMPP.

“ Billing Month” means the month beginning on the 1st through the last day of the same calendar month.

“Client“  means an entity that purchases Services for its own internal business purposes from The Customer.

“Content” means information contained in a text.

“Customer” means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.

“End Users” means The Customer’s subscribers or The Customer’s clients’ subscribers to specifically include the final recipient of the text message

“Long Code” means a combination of digits in E.164 format to which End Users can direct text messages to or from their wireless device.

“MO” means mobile originated.

“MT” means mobile terminated.

“North America” means USA and Canada.

“Notice” means the method of serving notices by the parties, whether under this MSA or the SA

“P2P” or Person to Person refers to SMS messages that are generated and sent by a person to another person (Individual rather than group).

“Services”  means any service that Webtext will provide to the Customer, which may include but is not limited to the delivery of SMS messages to Webtext supported wireless carriers and devices, including mobile phones.

“Short Code” means a combination of fewer than ten (10) digits to which End Users can direct text messages to or from their wireless device.

“SLA” means service level agreement.

“SMS” means Short Message Service.

“Transmission ” means data communication session for the exchange of information.

“Webtext” means: Webtext Holdings Limited trading as Webtext (a company registered in Ireland with registered office at 193 Lower Kimmage Road, Dublin 6W, Ireland) and/or Webtext LLC (a Pennsylvania limited liability company that does business under the name “Webtext”) as applicable.

2.         THE AGREEMENT

If the Customer is located in North America this Agreement (the “Agreement”) is between Webtext LLC and the Customer, for all other Customers the Agreement is between Webtext Holdings Limited and the Customer. This Agreement governs access to and use of the Services. By clicking [“I Agree”], signing a copy of this Agreement or using the Services, the Customer agrees to this Agreement as a Customer.[FL1]

3.         USE OF SERVICES.

The Service(s) provided may be used by The Customer or any lawful affiliate of The Customer. Only as expressly authorized under these terms and conditions. The Customer shall not make the Service(s) available to any third party through any resale, sublicense, re-marketing or re-packaging. The Customer shall not use any Service(s) in such a manner as to interfere unreasonably with the use of Service(s) by other Webtext Customers or authorized users.

4.         INTELLECTUAL PROPERTY.

All right and title to, and interest in, the Service(s), and any software including all modifications, enhancements, improvements, alterations or updates, utilized by Webtext or licensed to The Customer by Webtext to provide the Service(s) pursuant to these terms and conditions, belong to Webtext or the third party from whom Webtext procures software.  Unless specifically stated in these terms and conditions, no licenses, expressed or implied, under any patents, copyrights, trademarks, or other tangible or intellectual property rights are granted by Webtext to The Customer.

5.         RESPONSIBILITIES.

Webtext shall provide, maintain and support the Service(s) at the price and terms as detailed in these terms and conditions, and as detailed in the Customer’s order form. The Customer shall :

a. pay all undisputed charges for the Service(s)

b. obtain from any third party any authorizations, access to premises and other cooperation reasonably required by Webtext for the provision of the Service(s);

c. notify Webtext in writing at least ninety (90) calendar days in advance prior to any changes to any Customer equipment, software, operations, network components or procedures that would affect the operation, provision or use of Service(s);

d. report malfunctions of the Service(s) to Webtext as soon as reasonably practicable;

6.         CHARGES FOR SERVICES.

All charges shall be due and payable, in the currency as detailed in these terms and conditions, and as detailed in the Customer’s order form, within thirty (30) calendar days after the receipt of the invoice. Any undisputed amount not paid when due shall bear interest at the compound rate of 1.5% per month. The Customer shall be responsible for maintaining with Webtext at all times its billing address and contact persons who will be responsible for receiving monthly invoices.

The Customer shall provide written notice of any disputes, claims or issues within thirty (30) calendar days of the date of Webtext’s invoice or such disputes, claims or issues shall be deemed waived.

All charges for Service(s) under this Agreement shall include any applicable taxes, assessments or other fees, charges or duties incurred by Webtext with respect to the Service(s) provided or equipment furnished under this Agreement.

7.         WARRANTY.

Webtext warrants that it will provide its services with due care and in a workmanlike manner. Except for this express warranty, Webtext makes no other representations or warranties, express or implied, including, but not limited to, any warranties of merchantability or suitability, or fitness for a particular purpose or non-infringement of Intellectual Property.

8.         EXPORT.

The Customer will not export, directly or indirectly, any technical data acquired from Webtext or any of its Affiliates, or any equipment utilizing any such data without first obtaining the written consent of Webtext to do so.

9.         INDEMNITY

The Customer will defend, indemnify, and hold harmless Webtext in connection with any claims or proceedings brought against The Customer or Webtext alleging that The Customer, The Customer’s employees or agents, or The Customer’s end users’ violation of an applicable Acceptable Use Policy or use or misuse of the Service(s) constitutes an infringement of any existing patent, copyright, or trademark of third parties, or violates rights of a third party.  The Customer shall indemnify Webtext against all costs, damages, and expenses finally awarded against Webtext attributable to such claim.  The Customer is solely responsible for any and all activities that occur on its Services account.

Webtext hereby expressly disclaims any warranties, express or implied, related to intellectual property rights.

10.        CONFIDENTIALITY.

Neither Webtext nor its Customer will directly or indirectly disclose any information concerning the other’s business methods, Customers or finances, or any other information which is disclosed to it, whether or not in writing and whether or not designated as confidential, without the prior written permission of the other, unless such disclosure is specifically required in the course of performance by either of them

11.        LIMITATION OF LIABILITY.

IN NO EVENT WILL WEBTEXTOR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, STATUTORY, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, LOSS OR CORRUPTION OF DATA, TOLL FRAUD, COST OF COVER, OR SUBSTITUTE GOODS OR PERFORMANCE. THE TOTAL AGGREGATE LIABILITY OF EACH OF WEBTEXT FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE BY COMPANY UNDER THESE TERMS IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY TO ANY DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE TO THE PARTIES FAIL OF THEIR ESSENTIAL PURPOSE. HOWEVER, THEY WILL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, PERSONAL INJURY OR BREACHES OF COMPANY’S LICENSE RESTRICTIONS. THE LIMITATIONS OF LIABILITY IN THIS SECTION ALSO WILL APPLY TO ANY LIABILITY OF DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS.

12         DEFAULT TERMINATION.

The occurrence of any of the following shall constitute a default, giving Webtext  the right to terminate its services on the provision of written notice :

(a) a material breach of these terms and conditions by the Customer and if such failure continues for a period of thirty (30) calendar days after the receipt of written notice thereof; or

(b) the Customer fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 60 days after being notified in writing to make such payment; or

(c) any insolvency, reorganization, bankruptcy, liquidation, assignment for the benefit of creditors, appointment of a trustee or receiver, or other similar event.

Upon the written notification of default to The Customer pursuant to sub-section (a) of this Article, Webtext reserves the right to immediately suspend its services.

13.        Miscellaneous Provisions.

(a)        Force Majeure.  Neither Webtext nor The Customer shall be responsible for any failure to perform its obligations hereunder (except The Customer’s obligation to make payments when due) arising from causes beyond its reasonable control that make such performance commercially impracticable or impossible, including, but not limited to, fires, strikes, embargoes, allocations of supplies, wars, floods, earthquakes, nuclear disasters, and acts of God.

(b)        No Third-Party Beneficiaries.  These terms and conditions are not intended, nor shall they be construed, to create or convert any right in or upon any person or entity other than Webtext and The Customer.

(c)        Notices.  Any notice or other communication required shall be given in writing. Any notice or other communication required hereunder shall be deemed to have been given when a) delivered personally; or b) receipt returned from registered mail.

(d)        Independent Contractor.  Webtext will perform its obligations as an independent contractor and not as the employee or agent of The Customer.

(e)        Severability.  Each provision of these terms and conditions is severable from the whole, and if one provision is declared invalid, the other provisions shall continue in full force and effect.

(f)         No Waiver.  Any failure to enforce a specific clause of these terms and conditions, or the waiver thereof in any instance, shall not be construed as a general waiver of rights.

(g)        Compliance with Laws. Both Webtext and the Customer shall comply with all applicable national, federal, state, and local laws, regulations and codes, including the procurement of permits and licenses, when needed, of their respective states, territories, and/or countries.

(h)        Governing Law.  For North American Customers all dealings between Webtext and the Customer shall be subject to and interpreted in accordance with the laws of the state of Pennsylvania and the courts of Pennsylvania shall have jurisdiction thereof. For Customers not located in North America all dealings between Webtext and the Customer shall be subject to and interpreted in accordance with the laws of Ireland and the courts of Ireland shall have jurisdiction thereof

14.        SERVICES

Under these terms and conditions, the Customer is permitted to use the Services solely in connection with the Customer’s or the Customer’s Clients’ use of the Service.  As used herein, “Client” or “Clients” means an entity that purchases Services for its own internal business purposes from the Customer.  The Customer is responsible for any use of the Services by the Customer, the Customer’s Clients, or the Customer’s Clients’ End Users and for any violation of the Services by the Customer, the Customer’s Clients, or the Customer’s Clients’ End Users and agrees to indemnify Webtext from any legal claims initiated by either clients, third parties or end users Except with respect to the Customer’s resale of the Services to its Clients as provided for herein, the Customer is expressly prohibited from copying, sublicensing, reselling, renting, leasing or otherwise redistributing the Services, or permitting either direct or indirect use of the Services by any third party. The Customer agrees not to modify, disassemble, decompile, reverse engineer, or create derivative works of the Service.  In the event any modifications are made to the Services by anyone other than Webtext, any and all warranties with respect to the Services will immediately terminate.

15.        SERVICE LEVEL AGREEMENT (“SLA”)

Webtext will provide the Services detailed in Schedule  A of these terms and conditions to persons who have contracted for “Extended Support” only. The SLA is not available to customers receiving basic support.

16.        CUSTOMER’S RESPONSIBILITIES

The Customer will:

a. maintain the security of, and prevent unauthorized access to the Services.

b. allow Webtext to list the Customer on Webtext’s website and in press releases.

c. provide access to the Services from its network or data processing equipment via the Internet or telephone facilities and pay any service charges and fees associated with such access.

d. co-operate with Webtext, third-party service providers, and governmental authorities in investigations of any alleged or perceived violation of any law, rule, regulation, or the Acceptable Use Policy (“AUP”) as detailed in Schedule B of these terms and conditions.

e. give all End Users and any third parties located in North America to whom messages may be transmitted and all End Users and any third parties located elsewhere to whom marketing messages may be transmitted using the Services the rights to opt-in (which must be accepted in the affirmative by end user or third party prior to sending a message) and opt-out of the SMS message or marketing message as the case may be. The Customer agrees to indemnify Webtext from any legal claims initiated by either clients, third parties or End Users arising from Customers’ failure to follow the opt in and opt out procedures.

17.        FEES AND CHARGES

A. Fees and Charges

Customer will pay to Webtext fees for the Services as set out in the Order form signed by the Customer.

B. Billing and Invoicing

Fees will be billed as follows:

i.    Dedicated Short Code Provisioning fees as ordered:  invoiced in the month the Short Code is ordered.

ii.    Dedicated Short Code Monthly rental fees:  invoiced in advance for the period of rental (3, 6 or 12 months). Note: These are fees that are paid to directly to the applicable Short Code administrative organization.

iii.    Long number rental fees are invoiced monthly.

iv.    Shortcode and/or Long number service fees are invoiced monthly.

v.    Extended support (24/7) fees are invoiced monthly.

vi.    Pass through fees and costs:  For Customers located in North America pass through fees and costs will be invoiced monthly, within thirty (30)  days following the month in which the message is processed by Webtext.

vii.    Webtext reserves the right to pass on to the Customer, at 24 hours written notice, any increase in Webtext’s supplier message usage charges.  In the event of changes to charges, The Customer may provide Webtext with Termination notice of no less than ninety (90) days.

viii.    Usage Based Messaging Fees: The actual Usage Based Messaging Fees will be invoiced monthly, within thirty (30) days following the month in which the message is processed by Webtext. In the event Usage Based Messaging Fees are less than the applicable minimum monthly charge, the minimum monthly charge will be invoiced.

ix.    The Customer will be required, unless prohibited by law, to receive all Webtext invoices via email. The Customer will indicate on the order form, and be responsible for maintaining with Webtext at all times, its billing address and two (2) invoice contact persons who will be responsible for receiving monthly invoices. Should the Customer’s email address for invoicing change, the Customer will be responsible to provide Webtext with the updated email address within 7 days of the email address change.

C.         Pricing Assumptions

i.       Payments will be made in the currency specified in the order form.

ii.       Webtext is not responsible for any charges, including interconnection, access, termination, pager, wireless, or landline phone charges to Customer or any End User, or which any recipient of a message incurs as a result of the use of the Services.  Customer will advise End Users that senders and recipients of messages using the Services may incur third-party (e.g., wireless service provider) charges for which they will be responsible

18.        SERVICE TERM AND SUSPENSION

A.         Term and Termination

The minimum period for which Webtext will provide its services is  for an initial term of one year from the Effective Date (“Initial Term”) and shall renew automatically for successive one-year periods (“Renewal Term”), unless The Customer provides ninety (90) days or Webtext provides ninety (90) days written notice prior to the end of the initial or any “Renewal Term”.

B.         Service Suspension

Webtext may modify, suspend, limit, restrict, and place conditions on the Services, and/or terminate the Services with advance notice, unless advance notice is not feasible or practicable under the circumstances, if:

i.          necessary to comply with applicable laws, regulations, or requirements of wireless service providers, Short Code providers/licensors, mobile industry associations and regulatory/governmental authorities or other third parties related to the Services;

ii.          a law or regulatory action prohibits, impairs or makes impractical the provision of the Services;

iii.         there is use of the Services which Webtext determines may create liability or may be fraudulent, illegal, unauthorized or in violation of the Acceptable Use Policy;

iv.         there is unauthorized use or disclosure of the API; and/or provided that with respect to any of the foregoing, Webtext and Customer will engage in reasonable and good faith discussions, as soon as reasonably practicable, to explain the reasons for the modification, suspension, limitation, restriction, or condition and to discuss mutually beneficial ways of avoiding, or in the event such actions have occurred, resolving any issues arising from such modification, suspension, limitation, restriction, or condition.

C.         Effects of Termination

i.             Customer is solely responsible for procuring any new or replacement Services upon termination;

ii.             Customer will remain obligated for any fees and costs accrued prior to the termination date and any other amounts owed by Customer accrued prior to termination date

19.        CUSTOMER DATA

A. The Customer acknowledges that in connection with the Customer’s and End Users’ use of the Services, Webtext may receive domain names, Customer’s Client or End User names, addresses, passwords, telephone and device numbers, the Content of messages, data files and other data and information provided by End Users or in connection with the Services (collectively “User Information”).  Webtext exercises no control whatsoever over any Content or User Information, including the Content of messages and information that may be transmitted and/or generated using the Services.  Webtext’s responsibilities are limited to storing the User Information and transmitting the User Information to and from the Customer, the Customer’s Clients, End Users, and other third parties identified by the Customer, the Customer’s Clients, or End Users.  Webtext has no obligation and undertakes no responsibility to review User Information to determine whether any such User Information may violate any applicable law or regulation, or create liability to, or on the part of, any third party.  The Customer is solely responsible for the Content of all User Information and transmissions thereof and use of the Services.  Without prejudice to the foregoing, Webtext reserves the right to monitor Customer’s, Customer’s Clients’, and End Users’ use of the Services for purposes of verifying compliance with the terms and conditions of the AUP provided that Webtext disclaims any obligation to monitor, filter, or edit any of Customer’s,  Customer’s Clients’, or End Users’ Content.

B. Webtext will not use or disclose confidential End User Information, except as necessary or required, in any of the following instances:

i.        as required by law, regulation or third parties (e.g. wireless service  providers) involved in providing the Services,

ii.        to provide and/or invoice Customer for the Services, and/or

iii.        to protect Webtext, its facilities, network, service, Customers or third parties.

C. Customer acknowledges that (i) End Users who use the Services are also the end user Customers of the carriers whose services are used by Webtext to transmit messages over the carrier networks; and (ii) Carriers assert that information of or about carriers’ end user Customers (who may also be Customer’s End Users) derived solely by such end user Customers’ use of the carriers’ networks is confidential information of the carriers and the private information of such end user Customers of the carriers.

20.        THIRD PARTY FACTORS AND EXTENT OF CONTROL

Customer acknowledges that Webtext’s provision of the Services is dependent on the facilities, networks, connectivity, and any acts and/or omissions of third party wireless service providers (“Carriers”) and/or any third party aggregators (collectively, including the Carriers, “Third Party Factors”).  The Customer acknowledges that the performance of the Services may be affected by such Third Party Factors.  Third Party Factors are deemed to be outside Webtext’s extent of control.  Webtext’s “Extent of Control” is defined as those areas of functionality and technology used in the provision of the Services that are under the direct control of Webtext (excluding Third Party Factors). Webtext will have no liability for any reduction, interruption, termination or suspension of the Services related to any issues deemed by Webtext to be outside Webtext’s span of control.  Neither Webtext, its suppliers, nor any carrier:

A.         will be liable to the Customer or any user for any discrete or individual messages deleted or not delivered, regardless of the reason for deletion or non-delivery including, without limitation, message processing or transmission errors; nor

B.         makes any representations or warranties regarding the quality, reliability, timeliness or security of the services or that the services will be error-free, uninterrupted, or free from unauthorized access.  The services are provided “as is”, “with all faults”. To the maximum extent permitted by applicable law, Webtext expressly disclaims all implied and/or statutory warranties with respect to the services.

21.        ACCEPTABLE USE

A. The Customer and all persons and entities accessing the Services provided to the Customer, including the Customer’s End Users, the Customer’s Clients, employees, agents, representatives and third-party contractors must comply with Webtext’s latest AUP (see schedule B).  The Customer is solely responsible for any and all activities that occur on its Services account.

B. The Customer will defend, indemnify, and hold harmless Webtext from and against all third party Claims arising from The Customer’s or the Customer’s Clients, including Customer’s End Users, employees, agents, representatives and third-party contractors’ violation of the AUP.

C. Customer agrees to immediately notify Webtext of any unauthorized use of the Services or any other breach of security known to Customer.

D. Because carriers may require changes to the use restrictions imposed on Webtext from time to time, Webtext may modify the AUP from time to time upon receipt of such changes from carriers.  Webtext will give Customer prompt written notice of any changes to the AUP.

22 MODIFICATION.

Webtext may revise this Agreement from time to time and the most current version will always be posted on the Webtext website. If a revision, in Webtext’s sole discretion, is material, Webtext will notify Customer (by, for example, sending an email to the email address associated with the applicable account). Other revisions may be posted to Webtext’s terms page, and Customer is responsible for checking such postings regularly. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within 90 days of receiving notice of the change.

Schedule A

SERVICE LEVEL AGREEMENT

I.          SERVICE AVAILABILITY

Subject to the terms within this Service Level Agreement (“SLA”), the Services will be available 99.9%, 24x7x365 (“Services Availability”).  The Services Availability will mean the uptime of the Services excluding Scheduled Downtime and events outside Webtext’s Span of Control.  The Parties will begin to measure the availability of the Services upon “Commercial Use” of the Services.  Commercial Use will be defined as the general availability of the Services to Customer.  Under no circumstances will Commercial Use include testing of any particular deliverable prior to Customer deriving revenue from such deliverable.  Customer will throttle its messages at rate of no more than thirty (30) messages/second, which rate may not be increased without the prior written approval of Webtext.  Within the span of its control, 90% of messages bound to the applicable carrier will processed by Webtext within five (5) seconds and 99% of messages will be processed by Webtext within twenty (20) seconds.

II.          SCHEDULED DOWNTIME/MAINTENANCE

Webtext will notify Customer of any scheduled downtime for the Services (including downtime for Webtext to implement platform upgrades, patches and/or fixes) (“Scheduled Downtime”).  The categories of Scheduled Downtime are as follows:

A.      Regular Maintenance:  “Regular Maintenance” means any planned maintenance for the Services between the hours of 01:00 a.m. and 05:00 a.m. Eastern Time (U.S.).  Webtext will notify Customer seventy-two (72) hours prior to any Scheduled Maintenance.  Regular Maintenance will not exceed two hundred and forty (240) minutes in any given calendar month.

B.         Emergency Maintenance: “Emergency Maintenance” is defined as maintenance for    the Services that must be performed promptly, regardless of time of day / busy hour.

III.        ASSIGNMENT OF SEVERITY LEVEL AND RESOLUTION PROCESS

The parties will follow the procedures set forth below for Severity Level 1 through Severity Level 4 events impacting the Services:

A. Customer emails or calls Webtext at an email address or telephone number specified by Webtext;

B. Customer recommends Severity Level;

C. Trouble ticket is originated based on initial Severity Level assessment and ticket number is given to Customer caller;

D. Preliminary troubleshooting and resolution is handled by Webtext service specialist;

E. Webtext adjusts the Severity Level (at  Webtext’s sole but reasonable discretion) based on preliminary troubleshooting;

F. Webtext applications analyst or applicable operations personnel is contacted (if necessary);

G. If immediate resolution not available, caller is given a call back time;

H. If the problem is a direct application issue, the problem is escalated to Webtext’s Application Engineering team; and

I. Calls are returned to Customer within the guidelines specified in the table below, including updates as to current status of issue.

Listed below are the Severity Levels (defined below) and corresponding operator care guidelines for the Services.

For purposes of this SLA, “Severity Level” will be defined as the service impact category assigned by Webtext to any outage that is not within Scheduled Downtime. Severity Levels will be categorized from Severity Level 1 through Severity Level 4.

V.         WEBTEXT ESCALATION CONTACT INFORMATION

Webtext Customer Support has the ability to contact and escalate to all appropriate Webtext support personnel involved in a particular issue.  At anytime throughout the trouble resolution process, Customer has the option to request, through Webtext Customer Support, an escalation to Webtext Management.

If Customer is not satisfied with the escalation efforts initiated through Customer Support, Customer may contact the members of the Webtext Management Team directly..

VI.        CUSTOMER ESCALATION CONTACT INFORMATION

This escalation path below will be followed by Webtext when it is experiencing a Severity Level 1, 2, 3 or 4 problem with the Services. For feature requests, Webtext will utilize the contact information provided to it by the individuals within Customer’s organization making the feature requests.

The contact names and contact information in Sections V and VI above  may be modified upon five (5) days written notice to the other Party.

VII.       PLATFORM AVAILABILITY MEASUREMENT AND REPORTING

The availability of the Services will be measured in monthly increments.

VIII.       SERVICE LEVEL CREDIT

Service Level credits will be available to Customer beginning thirty (30) days after the first Commercial Use of the Services (“Service Level Credits”). During the first thirty (30) days following the first incident of Commercial Use, Service Level Credits cannot be earned by Customer and will not be issued by Webtext.  After the first thirty (30) days of Commercial Use of the Services, in the event the Services platform experiences a service outage outside of Services Availability, Webtext will issue Customer a credit on Webtext’s next monthly invoice to Customer for the Services. The Service Level Credits will be calculated in the following manner:

The Parties agree that under no circumstances will the monthly maximum Service Level Credits owed by Webtext to Customer exceed in the aggregate five percent (5%) of the monthly charge payable by Customer to Webtext.

IX.        LIMITATIONS REGARDING SERVICE LEVEL CREDITS

Service Level Credits will not be given to Customer if the outage is caused by (a) events outside Webtext’s Span of Control; (b) Scheduled Downtime; (c) if the Services receive messaging volumes which exceed Customer’s estimated peak messaging volume through the Services; and/or (d) if Customer is not current in the monthly payments due to Webtext for the Services rendered hereunder.  Notwithstanding any other provision of this SLA, this service attachment, or the agreement, Customer’s sole and exclusive remedy for any Outage will be the Service Level Credits set forth in section VIII above.

X.         CRITICAL CUSTOMER RESPONSIBILITIES

The Customer will, through Webtext’s escalation contacts, advise Webtext of all scheduled maintenance and/or unplanned outages on Customer’s network that will affect in any manner the number of messages being sent to Webtext for processing by the Services. Customer will provide all reasonable cooperation, assistance, information, and access to personnel as may be required for Webtext to perform its obligations hereunder.

Schedule B

ACCEPTABLE USE POLICY

Customer, Customer’s Clients, and all persons and entities accessing the Services must comply with this Acceptable Use Policy (“AUP”).  By using the Services, Customer acknowledges, and agrees to ensure compliance with, this AUP.

Restrictions on Use.  Without limiting the foregoing, Customer agrees not to permit the Services to be used to transmit or disseminate any:

i.        unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer or its End Users do not otherwise have a legal right to send such material;

ii.        material or data that infringes or violates any third party’s intellectual property rights, including patent, copyright, trademark, or trade secret, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its Customers or subscribers;

iii.        material or data, that is illegal, or material or data that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Webtext or any third-party service provider involved in the provision of the Services;

iv.        material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, explicit sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;

v.        viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

vi.        material or information that is false or misleading, or likely to mislead or deceive;

vii.        any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Webtext or any third party.

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