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Terms and Conditions

1. Scope
a. All services rendered on www.ComUnified.com are owned by ComUnified.com are for registered and non registered users subject to these terms and conditions. The user of the website or the plugin software has to accept these terms and conditions by activating the checkbox "I accept the terms and conditions" and pressing the "register" button. Without confirmation and subsequently acceptance of the terms and conditions a use of the services provided by ComUnified.com is not possible. Through the transmission of the completed registration form the user enters into the terms and conditions of the services offered by ComUnified.com.
b. The usage of services rendered by partners of ComUnified.com is subject to the corresponding terms and conditions of the partner. The user has to accept the corresponding terms and conditions either by making use of the additional services or after the registration with Comunified.com by registering for such additional services.
c. You may print these terms and conditions for your reference

2. Description of service
a. ComUnified.com offers registered user to send short message service (also known as SMS or text messages) and later on multimedia messages (also known as MMS) from a Personal Computer (PC) through the internet to mobile devices. In the following these services will be named "messages". The user has to carrry the costs for connecting to the internet by himself.
b. ComUnified.com provides the user with a software to send messages directly from the PC without loggin in on the internet again.
c. To use the services offered by ComUnified.com the user has to purchase message credits. The current message credit pricing is available in the section "pricing" or "prices" on the website.
d. ComUnified.com's service is the transmission of these messages to GSM network operators and / or Service Provides. ComUnified.com does not cover all networks and countries worldwide. In the section "coverage" you can view a list of the countries generally reachable. The transmission of your own mobile phone no. as the sender id provided to the recipient of the messages is also not possible in every country of the world and is hence provided without warranty.
e. Employees of ComUnified.com are not allowed to make any agreements, which exceed these terms and conditions.

3. Responsibilities of the user
a. The user has to provide correct and complete information on his person or his company upon registration. If any of these information’s change later on (e.g. chance of address, change of cell phone no. etc.) the user has to give notice to ComUnified.com as soon as possible. The change of such data can be made any time at ComUnified.com in the section "my profile" in "my ComUnified.com".
b. The user may delete his account at any time. By deleting the account the account becomes inactive. ComUnified.com reserves the right to internally keep this data. This is especially done in order prevent and/or pursue fraudulent use of the services offered by ComUnified.com.
c. Upon registration the user selects as so called "username" and a "password" which grants access to his personal account. Services offered in the personal account section may only be used by the registered user. The user is bound to protect his username and password against access by other people than himself. The user is liable for all damages resulting out of the transmission of his username and password to other people. For corporate customers the company is liable for all direct and consequential damages caused by the abuse or incorrect use of ComUnified.com's services.
d. ComUnified.com reserves the right to decline users and / or terminate the contract without giving reasons.

4. Terms for sending messages
a. The use of services rendered by ComUnified.com, even for free test messages, is dependent on the registration of the user. The user has the full responsibility for the content of messages transmitted. ComUnified.com is not obligated to check messages with respect to violation of third party rights. The user explicitly accepts all liability resulting out of his use of the services provided by ComUnified.com.
b. The commercial usage of paid for messages is explicitly allowed. A commercial usage of the free messages provided upon registration is prohibited. ComUnified.com reserves the right to invoice currently 5,00 Euro per message upon violation.
c. The transmission of messages to so called premium sms (sms shortcode numbers) is prohibited. 
d. The user (private as well as commercial or corporate) has to make sure that the recipient of the messages agrees to receive such messages. The user explicitly accepts all liability resulting out of the transmission of messages through the networks of ComUnified.com. This includes in particular messages containing unwanted, defamatory or threatening content.
e. ComUnified.com respects the privacy of its users. Therefore ComUnified.com will in principle not read any messages of its users. ComUnified.com is however authorized to verify the user data and if necessary analyse messages with respect to legal conformity.
f. The user agrees to do nothing that has the aim to undermine or bypass the contractual usage of the service or the software provided by ComUnified.com. This includes actions that are meant to decompile the source code of the website or the software or reverse engineer any parts of the website or the software or gather any other binary state information of the software or the website.

5. Protection of privacy
a. Upon registration ComUnified.com stores personal data of the user. ComUnified.com respects the privacy of its users, does not publicise any personal data of its users and applies common measures of data protection. Upon registration the user implicitly accepts the storage of his data.
b. As far as ComUnified.com utilizes third parties to fulfil the requested and / or utilized services, ComUnified.com is authorized to transfer data to third parties, as long as it is necessary to fulfil requested and / or utilized services.
c. ComUnified.com reserves the right to utilize data for statistic or internal analysis. This includes demographic, usage and interest based analysis for anonymised (no personal data will be revealed) submission to cooperation partners.

6. Warranty
a. ComUnified.com does not warrant continuous operation of services provided. The user furthermore has no right on observance of date and time of the messages. ComUnified.com in particular does not assume any liability for the transmission of messages to phone numbers or devices, which are not suitable for receiving messages transmitted.
b. ComUnified.com is not liable for any damage whatsoever resulting out of non received messages transmitted through its website or the provided software.
c. ComUnified.com reserves the right, to alter or change the provided services at any time with or without notification. This includes changes to these terms and conditions.
d. The use of the Software provided is without any warranty whatsoever. This includes any damage to computer systems, on which the provided software has been installed. ComUnified.com furthermore assumes no liability whatsoever for damages on hardware, as well as damages resulting out or data loss allegedly caused by the software provided.
e. ComUnified.com ist not liable for the risk and/or damage resulting from forgery of the senders e-mail address of a registered user utilizing the "email2sms" function.

7. Contract duration and termination
a. A termination for private customers is not required, due to the fact that there are no monthly fees for maintaining a ComUnified.com account. Personal accounts which have been dormant for a period of 12 months will be deleted. A potentially remaining balance becomes void upon deletion of the account. The user can keep his account active by either sending a message or recharging his account.
b. Corporate customers have a cancellation period of 3 months to the end of the month. The termination has to done in writing (e.g. fax or postal mail). ComUnified.com reserves the right to charge the monthly base fee upon registration for 3 months in advance and then again on a 3 month basis (quarterly).

c. Violations to these terms and conditions can result in a immediate termination from ComUnified.com. In this case all claims of the customer against ComUnified.com become void.
d. Voucher, bonuscodes and other free message credits will not be refunded in case of a termination.
e. Due to the nature of the online business, the user has the right to reverse any purchase transaction within 14 days, as long as no services have been used. A return is only possible if no paid messages have been send. A partial refund of purchased credit packages is not possible.

7. External links
a. With respect to a court sentence of the "Landgericht Hamburg, Germany" ComUnified.com explicitly distances itself from any external link provided upon its website to other websites or services. ComUnified.com explicitly announces that it has no influence on the contents of graphics of external (linked to) websites.

8. Place of performance, legal venue
a. Place of performance for all services provided by ComUnified.com is Germany.
b. For Users who are physical or legal persons, the parties hereby agree to Hamburg, Germany as the legal venue for all kind of disputes.
c. All legal transactions with ComUnified.com are subject to laws and regulations of Germany.

Terms and conditions - ComUnified.com – valid as of: January 1st 2006

I accept the terms and conditions.