The following terms and conditions for use of the texSMS software and service ("texSMS Service" or "the Service") constitute a legally binding agreement between the User (hereinafter referred to as "the User" or "the Client") and Huge Telecom (Pty) Limited ("Huge Telecom"). Please read them carefully.

IMPORTANT: BY INSTALLING texSMS AND/OR ACCESSING ANY PART OF THE texSMS SERVICE, THE USER AGREES TO ALL THE TERMS AND CONDITIONS SET OUT HEREIN, AND CONSENTS TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE USER NOT AGREE TO ALL THESE TERMS AND CONDITIONS, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, THE USER SHOULD TERMINATE THE REGISTRATION PROCESS, THEREBY SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

1. THE SERVICE
The Service consists of a browser interface, message application, SMS gateway access, e-mail facility, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The User is 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.

Huge Telecom makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Huge Telecom reserves the right to change or terminate the Service and/or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. The "sender ID from" field of messages is not a guaranteed feature of this product.

Messages shall be deemed to have been delivered when texSMS has delivered/sent the messages to the immediate destination that Huge Telecom's software is programmed to do, including servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. texSMS does not guarantee delivery on behalf of mobile telephone networks or gateway servers.

Huge Telecom lays no claims to its network coverage. Although texSMS focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of texSMS or its service providers' networks. This may result in messages not being delivered.

2. USE OF PROPRIETARY SOFTWARE
texSMS grants the User an individual, personal, non-exclusive and non-transferable licence ("the Licence") to use the proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any.

The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to texSMS products and/or services. As between the parties, the User acknowledges that texSMS, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this Licence will terminate and the User shall destroy and cease to use all software and applications.

THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account for usage of the Service, the User must complete the registration process by providing Huge Telecom with current, complete and accurate information as prompted by the registration form. The User will also choose a password and a user name to be assigned. The User is entirely responsible for maintaining confidentiality with regard to said password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account. Huge Telecom will not be held liable for any third party claims and or actions taken with respect to the texSMS Services.

The User agrees to notify Huge Telecom immediately of any unauthorised use of its account or any other breach of security.

The User agrees that he/she is aware that the protocol used for registration and message sending is via e-mail, and that the said e-mail account username and password may be used by third parties, unlawfully or otherwise, should such third parties be in possession of the said username and password of the User's e-mail account, and that as such, notwithstanding anything else in this Agreement, the User takes full responsibility for potential security breaches and abuse as a result of this.

4. USER PRIVACY
It is Huge Telecom's policy to respect the privacy of the User. texSMS will not monitor, edit, or disclose any personal information about the User or the User's texSMS account, including its contents, without the User's prior permission unless Huge Telecom has a good faith belief that such action is necessary to:

(1) conform to legal requirements or to comply with legal process; or

(2) protect and defend the rights (contractual or otherwise) or property of Huge Telecom and/or its licensors; or

(3) enforce this Service Agreement or protect Huge Telecom 's business or reputation, including without limitation termination, cancellation or suspension of this Agreement by Huge Telecom; or

(4) respond to requests for identification in connection with a claim of copyright or trademark infringement by the User or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or

(5) act to protect the interests of the User or others. texSMSs service may transmit the Sender's name (From field) and/or email address with each message sent.

The User agrees that Huge Telecom may access the User’s account, including its contents, as stated above or to respond to service or technical issues.

The User agrees that upon registration, Huge Telecom shall and is entitled to record, with the user's registration details, the User's operating system name and version, service pack name and version, mail client and package name and version and configuration, and the texSMS version. This information will be used by Huge Telecom to offer support to the client and to enable Huge Telecom to understand the context in which errors are reported, with the sole purpose of offering better support and products to its clients. This information will not be exploited, distributed, or abused by Huge Telecom in any way.

The User agrees that Huge Telecom may correspond with him/her via e-mail at Huge Telecom's discretion.

5. MESSAGE AND OTHER LIMITATIONS
Huge Telecom assumes no responsibility for the deletion or failure to store information. Huge Telecom has set no fixed upper limit on the number of messages the User may send through the Service; however, Huge Telecom reserves the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of this Agreement and may terminate the Service if the User's conduct is found to be inconsistent with this Agreement. Huge Telecom may, in the future, with prior notification, limit the amount of storage space available to each User.

6. USER CONDUCT
Any unauthorised commercial use of the Service, or the resale of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations, and in particular the local rules of each country and mobile telephone network used regarding the transmission and content of SMS messages, and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service.

By way of example, and not as a limitation, the User agrees not to:

A. Use the Service in connection with chain letters, junk e-mail, junk SMS messages, spamming or any duplicative or unsolicited messages (commercial or otherwise);

B. Harvest or otherwise collect information about others, including email addresses, without their consent;

C. Create a false identity or forged E-mail or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

D. Transmit through the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

E. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

F. Libel, defame or slander any person, or infringe upon any person's privacy rights;

G. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

H. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

I. Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

J. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or

K. Engage in any other activity that Huge Telecom believes could subject it to criminal liability or civil penalty or judgment.

7. USER?S RIGHT TO CANCEL
Subject to any "term and discount" post-paid service agreement concluded with Huge Telecom, the User is free to terminate or cancel this Agreement at any time, and for any reason by written notice to Huge Telecom.

8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
A. Modification of Terms.

Huge Telecom frequently updates, modifies, and otherwise continually seeks to improve the texSMS services and products. Such changes may dictate that these Terms and Conditions of Use are simultaneously modified. As such, Huge Telecom shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the texSMS service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion by way of a new version. Any use by the User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes. The current version of this Agreement may be obtained at www.texSMS.com, under "Terms & Conditions".

B. Termination, Cancellation and/or Suspension by Huge Telecom; Disclosure of Information.

This Agreement and the Licence granted hereunder may be terminated, cancelled and/or suspended by Huge Telecom at any time if, in Huge Telecom's sole discretion, the User breaches any of these Terms and Conditions. Such termination, cancellation and/or suspension by Huge Telecom shall be effective immediately upon notification by Huge Telecom to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, Huge Telecom may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Notwithstanding the above, Huge Telecom may, at any time, for any reason and without liability, terminate this Agreement and the Licence granted hereunder upon three (3) months notification.

C. In the event that Huge Telecom receives complaints from recipients or third parties with respect to the use of the Service, Huge Telecom additionally reserves the right, in its sole discretion, to disclose any and all information concerning the User to the recipient and applicable authorities.

D. Obligations Upon Termination and/or Cancellation.

Upon any termination, cancellation and/or suspension of this Service Agreement, the User is 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 fees in respect of the services. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the Service (in whole or in part) where said suspension arises from the User's failure to comply with, or violation of, these Terms and Conditions or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using the Service and to remove all texSMS software and applications on any computer, database, or server (local or remote) in its possession or under its control. Huge Telecom shall have no obligation to the User after any termination or cancellation of this Service Agreement.

9. NO WARRANTIES OR LIABILITIES
A. GENERALLY.

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT texSMS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. Huge Telecom WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO texSMS AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS texSMS AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

B. ADDITIONAL LIMITATIONS.

Without limiting the generality of the terms set forth in Section 9(A), and to the maximum extent permitted under applicable law, Huge Telecom and its affiliates, agents, content providers, service providers, and licensors:

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

(ii) SHALL IN NO EVENT BE LIABLE TO THE USER 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 OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (THE USER AGREES TO INDEMNIFY Huge Telecom AND ITS LICENSORS PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE); WITHOUT IN ANY WAY LIMITING THE FOREGOING, Huge Telecom SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY THE USER AND/OR THE USER ALLEGING LIABILITY.

C. HIGH RISK ACTIVITIES.

THE texSMS SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF texSMS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, Huge Telecom 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. 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. IN SUCH JURISDICTIONS, Huge Telecom'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of Huge Telecom and its affiliates, agents, content providers, service providers and licensors and each accepts the benefit of and relies upon such rights and shall have the right to assert and enforce such provisions directly on its own behalf.

11. INDEMNIFICATION
The User agrees to indemnify, hold harmless, and defend Huge Telecom and its affiliates, agents, content providers, service providers and licensors, 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

(i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and

(ii) any claims made by third parties arising from your use of the Service, including without limitation any third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as is reasonably required in the defence of any claim. Huge Telecom reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.

12. 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. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind Huge Telecom in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 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. These Terms and Conditions constitute the whole agreement between Huge Telecom and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

13. PAYMENT FOR texSMS
texSMS is licensed by Huge Telecom (Pty) Ltd to the User under the terms described in his Agreement. The nature of the licence is described herewith:

The licence and the use of the Service, does not include any paid SMS (Mobile Text Message / Short Message Service) message credits. The user receives a temporary licence upon initial registration and may be issued an advertised amount of SMS Message credits (the "Initial Purchase", as may be advertised on texSMSs web-site at the time of the registration, at no cost to the User. This is done to enable the User to test the Service in order to make an informed purchasing decision in the future, including the purchase of the full license.

Any purchases of pre-paid message credits made after the Initial Purchase will credited to the User's account and managed in accordance with texSMSs advertised pricing and general Terms and Conditions found on texSMSs web site.

texSMSs prices per message credit may differ from product to product.

Should a User request their prepaid account to be migrated to a post-paid account, and said request be granted by Huge Telecom, which granting shall be at Huge Telecom’s sole discretion, any unused prepaid credits will be converted to credit on the new post-paid account at the rates applicable had such credits just been purchased. Under no circumstances will any post-paid credit thus generated be redeemable in any form other than through use of the texSMS service.

Any payments made by the User relating to the Service, which includes but is not limited to message credit purchases, shall be deemed to have been made only when the funds have been received for value in Huge Telecom's nominated bank account. Should this Agreement be terminated for any reason, any and all monies paid to Huge Telecom relating to the Service shall not be refundable.