USAGE OF THE WEB SITE AND/OR TXTBOX SERVICE

1.1     If you choose to use any of the TXTMSG4U.COM or TXTBOX Service(s) (the "Service") as stated on the TXTMSG4U.com web site “site”, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and ZAP SOLUTIONS. ("Providers").

1.2     The Providers may change, add or remove portions of this Agreement at any time, but if they do so, will post such changes on the Service or send them to you via e-mail.

1.3     IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY REMOVING YOUR NAME FROM THE REGISTRATION PAGE. or If you don't want to receive text messages from this web site from any USER (friend, relative, business associate, etc... ) who uses this web site and service, please follow the instructions below. Failure to do so, constitutes acknowledgement and agreement of these Terms and Conditions. You are always free to close your account and “un-registering” by sending an email requesting termination to support@txtmsg4u.com . YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4     YOUR USE OF THE SERVICE TO SEND A SHORT MESSAGE SERVICE MESSAGE WILL INDICATE ACCEPTANCE BY YOU OF THESE TERMS, THE SITE TERMS AND THE PRIVACY POLICY POSTED ON THIS SITE.

1.5     The Providers may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. The Providers may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. CONTENT

2.1     The contents of the Service are intended for your personal, non-commercial use. All information provided by the Service (“Content”) is protected by copyright, and owned or controlled by The Providers. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2     The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

3 LIMITATIONS

THE SERVICE AND ALL CONTENT ARE PROVIDED AND DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PROVIDERS SHALL NOT BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, OR FOR ANY DAMAGES ARISING THEREFROM.

4 REGISTRATION AND SECURITY

4.1     As part of the registration process, you will select a password. You will also be requested to provide certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a password of another person with the intent to impersonate that person; (ii) use a password in which another person has rights without such person's authorization; or (iii) use a password that the Providers, in their sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.

5 SERVICE USE

5.1     You may not impersonate another person while using the Service. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your use of the Service.

5.2     Where applicable, as stated here you agree that no message will be sent that contains any material that is unlawful, libellous, slanderous, defamatory or invasive of another person's privacy, or that the Providers may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication.

6 FEES AND PAYMENTS

6.1     The Providers reserve the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time the Providers require a fee for the service, the Providers will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. Please note that appropriate mobile service provider charges may apply.

7 COMMUNICATIONS

7.1     The Providers reserve the right to send electronic mail (including text message notes) to you for the purpose of informing you of changes or additions to the Service, as well as instructions and notices concerning Services offered.

7.2     The Providers reserve the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance.

8 TERMINATION

8.1     You may terminate your account at any time by having your name removed from the registration database. To terminate, an email requesting termination must be sent to support@txtmsg4u.com with a request to terminate, including your specific request to terminate, username, phone number and password. Upon termination, your access will be suspended within 24 hours.

8.2     The Providers may, in their sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

8.3     Where an ongoing monthly subscription exists, service cancellation requests must be submitted via e-mail to support@txtmsg4u.com. Monthly subscription terminations will become effective on the first day of the following month if received earlier than five business days prior to the end of the current month. Any monthly subscription termination requests which are received within the last five business days of a month will become effective on the last day of the following month.

9 MISCELLANEOUS

9.1     This Agreement has been made in and shall be construed and enforced in accordance with the Commonwealth of Pennsylvania law. Any action to enforce this agreement shall be brought in the Commonwealth of Pennsylvania.

Should you have any questions or concerns regarding this document please do hesitate to contact Zap Solutions.

info@zapsolutions.com

DISCLAIMER

1. TXTMSG4U shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website ("the User") or as a result of the User accessing this website, utilizing any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

A. errors or discrepancies in the information provided

B. any unauthorized access of this website by third parties

C. any breakdown or failure of any equipment or medium of access to this website

D. any failure or unavailability of any of TXTMSG4U's or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website

E. the destruction or accessing of the User's data or equipment

F. any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.

2. The User hereby indemnifies TXTMSG4U against any demand, claim or action against TXTMSG4U relating to or in connection with the User's use or accessing of this website whether directly or indirectly for any reason whatsoever.

3. TXTMSG4U reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.

4. Unless expressly stated to the contrary TXTMSG4U owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.

5. TXMSG4U is not responsible and will not be held liable for any charges or losses incurred by either the sender or receiver of text messages for any text messages sent or received through this web site.

6. TXMSG4U is not responsible for the content or contents of text messages that are sent through this web site.  TXTMSG4U acts only as a courier of information sent by you the user to someone you know and trust.

7.  TXTMSG4U is not responsible and will not be held liable for any malicious, threatening, libelous, slanderous, explicit, or obscene messages sent through this web site and service.  Please only use the web site to communicate with those persons with whom you have either personal or professional relationship.

8.  TXTMSG4U shall not be held responsible for, will not be held liable for, and will not reimburse any loss, expense or costs associated with sending or receiving text messages to or from this web site and service. Those charges constitute an agreement between you as the USER and your wireless carrier and do not involve TXTMSG4U in any way.

9.  If you don't want to receive text messages from this web site from any USER (friend, relative, business associate, etc... ) who uses this web site and service, please follow the instructions below. Failure to do so, constitutes acknowledgement and agreement of these Terms and Conditions. You are always free to close your account and “un-registering” by sending an email requesting termination to support@txtmsg4u.com.

ACCEPTABLE USE POLICY

You agree to comply with this Acceptable Use Policy when using the TXTMSG4U Web site. Unacceptable uses include, but are not limited to:

a) Intentionally or unintentionally violating any applicable law or regulation;
b) Harming or attempting to harm minors in any way;
c) Transmitting any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
d) Transmitting any content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy right;
e) Transmitting any content that is unlawful, untrue (including incomplete, false or inaccurate biographical information), stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
f) Attempting to collect or store personal data about third parties without their knowledge or consent;
g) Accessing, tampering with or using non-public areas of the Messaging Service or TXTMSG4U's computer systems, web site and network;
h) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
i) Attempting to access or search the TXTMSG4U web site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by TXTMSG4U or other generally available third party web browser (such as Microsoft Internet Explorer or Netscape Navigator);
j) Sending unsolicited e-mail or text messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
k) Using the TXTMSG4U web site to send altered, deceptive or false source-identifying information in violation of state, national and foreign law;
l) Attempting to decipher, decompile, disassemble or reverse engineering any of the software comprising or in any way making up a part of the TXTMSG4U web site;
m) Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the TXTMSG4U web site, overloading, "flooding," "spamming," "crashing," or "mailbombing" web sites; or
n) impersonating or misrepresenting your affiliation with any person or entity.
o) promotional, advertising, commercial or business use of this service without prior approval from TXTMSG4U

Violations of any of the above, including intellectual property infringement and breaches in security, will be investigated by us and, where appropriate, TXTMSG4U may institute legal action, or cooperate with law enforcement authorities in bringing legal proceedings, against users who violate the Acceptable Use Policy.

PROMOTIONS/GIVEAWAYS

NO PURCHASE NECESSARY TO PARTICIPATE. 

1. ELIGIBILITY:

The TXTMSG4U iPod shuffle GIVEAWAY (sometimes the "Promotion" or "Sweepstakes") is offered only to individuals who are legal residents of the 50 United States or District of Columbia and are at least 18 years old at time of participation. Employees, officers and directors of TXTMSG4U, their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, Web masters and Web suppliers and persons engaged in the development of Promotion materials, and members of the immediate family (parents, siblings, children and spouse, wherever they reside) or household members (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you agree (and if you are a minor in the jurisdiction in which you reside, your parent/legal guardian agrees) to these Official Rules and all decisions of Sponsor which are final and binding in all respects. Void where prohibited.

2. PROMOTIONAL PERIOD:

Promotion begins on 1/12/05 at 12:01 a.m. Eastern Time (ET) and ends on 6/1/05 at 11:59:59 p.m. (ET).

3. HOW TO PARTICIPATE:

(A) To participate by Internet you must first refer a validated friend at the www.txtmsg4u.com Web site ("Web site"), as follows. 

Refer your friends to the TxtMsg4u web site. When you access the Web site by following the on-screen directions you will be given the opportunity to enter the email address/mobile phone number of persons you feel may be interested in the web site and the services offered. We will send an e-mail or text message on your behalf telling that person about the web site and services provided.  Please only provide the e-mail addresses/mobile phone numbers of those persons with whom you have either personal or professional relationships, who you feel would be interested in hearing about the web site and services provided, and who would qualify for the giveaway.  Should you have the email or text message forwarded to persons other than as stated, you may be disqualified. For each person who you invite and who registers for the TXTMSG4U.COM Web site you will receive 1 entry in the iPod shuffle giveaway. If more than one participant invites a particular person to register for the site, and that person does register, the entry will only be awarded to the participant who the invited person names as his/her particular invitor).

(B) Entries/Deadlines:  For entries by Internet, to be eligible any day for an activity for which entries are valid for that day the activity must be received, completed and recorded by 11:59:59 (ET) on that day. All activities for which entries are created must be received, completed and recorded by 11:59:59 p.m.  (ET) on 11/28/04. Sponsor’s computer is the official clock for the giveaway. Points properly earned will be deposited in your Recipe Box (created when you register on the Web site). By following the on-line directions participants will be able to see the number of entries they have accumulated. Due to technical limitations or possible error, the number of entries displayed at any time may not be the actual number of entries you have accumulated. Prior to any drawing, however, all entries will be properly recorded, credited and the correct number of entries entered for the drawing.

4. DRAWING: Winners will be selected in a random drawing conducted on or about 6/1/05 from all eligible entries received under the supervision of Sponsor. Winners will be notified by email, mail, overnight mail and/or phone on or about five (5) business days after the drawing. No substitution, cash redemption or transfer of prize, but Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable.  If winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner’s parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner. If 1,000 total valid entries are not received by 6/1/2005, Sponsor reserves the right to either extend the Giveaway or discontinue the Giveaway.

5. PRIZES/ODDS: 1 Grand Prize: 1 new iPod shuffle – 512 mb. Sponsor reserves the right, but will be under no obligation to do so, to award the stated prize as cash (awarded in the form of a check) and in lieu of a Gift certificate. Expenses not stated are the sole responsibility of the winner.  If any winner cannot accept prize as stated, prize will be forfeited and awarded to an alternate winner. Odds depend on the number of eligible entries received. Limit one prize per person.

6. GENERAL CONDITIONS: 

Participants agree (a)that Sponsor, ZAP, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be indemnified and held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any  prize, or participation in this Promotion or any Promotion-related activities and (b) if  winners, grant (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web and Internet without review, notification or approval, and compensation, unless prohibited by law.  Winners may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within five (5) days after receipt of notification. If documents are not returned on a timely basis, or if any notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules, such prize may be forfeited and awarded to an alternate winner. Taxes are solely the responsibility of the winner.

7. LIMITATIONS OF LIABILITY:

Neither Sponsor, nor ZAP are responsible for lost, late, incomplete, stolen, misdirected, postage due or illegible, mail, entries or email; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/Web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of entries or other information, or the failure to capture, or loss of, any such information. Neither Sponsor nor ZAP are responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Web site. The right is reserved by Sponsor at its sole discretion, to disqualify any individual found, at its sole discretion, to be tampering with the entry process or the operation of the Promotion or Web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or entry methods will void all such registration and  entry(s) by such methods, and disqualify any participant using such methods. Neither Sponsor, nor ZAP are responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from the Web site or use of a Web site. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and proceed with the Promotion in a manner deemed fair and appropriate by Sponsor.  In case of dispute, the authorized subscriber of email account and password used in this Promotion to enter the Promotion at actual time of entry, will be deemed to be participant and must comply with these Official Rules. Authorized account subscriber is deemed to be natural person who is assigned an email address by an Internet Access Provider, online service provider, school or other organization that is responsible for assigning eligible email addresses.

IN NO EVENT WILL SPONSOR, ZAP, THEIR RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. Winners List: For the names of winners mail a self-addressed stamped envelope to: iPod Shuffle Giveaway, c/o ZAP, PO Box 61029 Pittsburgh, PA 15212 for receipt by 7/1/05.

9. Additional Legal Information
a. Providing Personal Information
When you register or refer a friend, we collect your first and last name, email address, phone number, age group, and gender. This basic information is required to enroll in the Promotion.

We use "cookies" to personalize the web site, to track your entries, and to ensure that only you can access your accumulated entry total.

We are available to answer any Promotion questions or concerns you might have. Simply send an email to support@txtmsg4u.com, and we will respond as soon as we can.

You are always free to close your account and “un-registering” by sending an email requesting termination to support@txtmsg4u.com.
We do not collect or use any information about you except for information that you provided to us, and we use this information solely to make the web site more relevant to you.

b. Cookies
When you register or refer a friend, the server automatically recognizes you by your encrypted Member Key, also referred to as a cookie. This cookie acts as a unique identifier that allows us to track your entries, and usage activity.

The TXTMSG4U.COM web site uses cookies.  Therefore, you must set your browser to accept cookies to participate in the promotion. The cookie automatically retrieves the following information:

• Your browser type (e.g. Internet Explorer 6.0)
• Platform-dependent information (e.g. Windows XP)
• Requested document (the page you are viewing in your browser)
• Referrer URL (the page you came from if it is within the txtmsg4u.com site)
• Date and time of your visit
• Your registered TXTMSG4U account information

c. E-mail and Text Message Offers
E-mail and text messages may be an integral part of the TXTMSG4U web site and promotion. If you later decide not to participate in any part of this promotion or web site, you may do so by unsubscribing as described above.

If you do unsubscribe, we will revoke any entries you have earned.

SPONSOR:
TXTMSG4U
c/o ZAP Development, Inc.
PO Box 61029
Pittsburgh, PA 15212