Terms and Conditions of Use

BY USING THIS SERVICE YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE SET OUT HEREIN

Modification of these Terms of Use

SendAWakeUpCall.com (herein referred to as “SendAWakeUpCall”) reserves the right to change the terms, conditions, and notices including, but not limited to, the charges associated with the use of the SendAWakeUpCall web site and services.

You are responsible for regularly reviewing these terms and conditions and any additional terms or conditions as posted on the SendAWakeUpCall web site.

Your continued use of the SendAWakeUpCall web site and services constitutes your acceptance and agreement with SendAWakeUpCall to all such terms, conditions, and notices.

Use of Services

The SendAWakeUpCall web site and services include electronic mail (“e-mail”) services designed to enable you to communicate with others (collectively called and referred to herein as "Communication Services").

You agree to use the SendAWakeUpCall Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using a Communication Service, you may not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the rights of privacy and publicity) of others, including, but not limited to, individuals, corporations, associations, incorporated bodies, government agencies, unincorporated bodies, and groups of individuals or entities.
  
  
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful information, material, topic, or name.
  
  
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  
  
• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  
  
• Violate any applicable laws or regulations.
  
  
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by (a) intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws, or (b) by rights of privacy or publicity, if any, unless you own or control the rights thereto or have received all necessary consents to do the same.
  
  
• Use any material or information, including images or photographs, which is made available through the SendAWakeUpCall web site or services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  
  
• Upload files that contain viruses, Trojan Horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or the property of another.
  
  
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  
  
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  
  
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  
  
• Restrict or inhibit any other user from using and enjoying the Communication Services.
  
  
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the SendAWakeUpCall web site or services, or other user or usage information or any portion thereof.
  

SendAWakeUpCall does not control or endorse the content, messages or information found in any Communication Service and, therefore, SendAWakeUpCall specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

SendAWakeUpCall reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

You agree that SendAWakeUpCall has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any SendAWakeUpCall service. You acknowledge that SendAWakeUpCall reserves the right to log off users that are inactive for an extended period of time without notice.

Limitations of Usage

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

You agree that SendAWakeUpCall may establish limits concerning the use of any SendAWakeUpCall Service offered on any SendAWakeUpCall web site, including without limitation:

• the maximum number of days that e-mail messages will be retained by any SendAWakeUpCall service,
  
  
• the maximum number of e-mail messages that may be sent from or received via any SendAWakeUpCall service,
  
  
• the maximum size of an e-mail message that may be sent from or received via any SendAWakeUpCall service,
  
  
• the maximum disk space that will be allotted on SendAWakeUpCall's servers on your behalf, and
  
  
• the maximum number of times and duration you may access any SendAWakeUpCall service in a given period of time.
  
  

No Unlawful or Prohibited Use

As a condition of your use of the SendAWakeUpCall web site and services, you will not use the SendAWakeUpCall web site or services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You may not use the SendAWakeUpCall web site or services in any manner that could damage, disable, overburden, or impair any SendAWakeUpCall web site or service(s), or the network(s) connected to any SendAWakeUpCall web site or service(s), or interfere with any other party's use and enjoyment of any SendAWakeUpCall web site or service(s).

You may not attempt to gain unauthorized access to any SendAWakeUpCall web site or service, or to any accounts, computer systems, or networks connected or related to any SendAWakeUpCall web site or service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SendAWakeUpCall web site and services.

Personal and Non-commercial Use Limitation

Unless otherwise specified, the SendAWakeUpCall web site and services are for your personal and non-commercial use. Without the advanced and expressed written permission of SendAWakeUpCall, you may not use the SendAWakeUpCall web site or services in any commercial manner.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SendAWakeUpCall web site and services.

Monitoring and Reviewing of Messages

SendAWakeUpCall has no obligation to monitor the Communication Services. However, SendAWakeUpCall reserves the right to review materials posted, submitted for delivery, or delivered through to a Communication Service and to remove any materials in its sole discretion and/or to prevent their dissemination.

Refunds and Non-deliverability of Messages

SendAWakeUpCall is not responsible for, nor financially liable for, the successful delivery of any message submitted for delivery through the Communication Services.

As email delivery is subject to various terms, conditions, protocols, rules and regulations of the intended recipient’s Internet Service Provider (ISP), SendAWakeUpCall cannot guarantee delivery of your message. Your submitted messages may be blocked or prevented from being delivered for a range of reasons including, but not limited to:

• overloaded or full inbox
  
  
• abandoned or non-existing email address or account
  
  
• incorrect entry of email address
  
  
• ISP rules on delivery of anonymous messages
  
  
• ISP rules on delivery of messages
  
  
• ISP spam and anti-abuse policies
  
  
• Corporate and organizational firewalls
  
  
• Corporate and organizational email delivery polices and protocols

Submitting an email for delivery through the SendAWakeUpCall Communication Services is done so entirely at your own risk and SendAWakeUpCall shall not be held liable, financially or otherwise, nor liable to refund any payment received, due to the any email message submitted through the Communication Services being undelivered for whatever reason.

You expressly agree to hold SendAWakeUpCall blameless and non-liable for any and all messages submitted through the Communication Services that, for whatever reason, are not delivered to the intended recipient’s email address.

Disclosure of Information

SendAWakeUpCall reserves the right at all times to disclose any information as SendAWakeUpCall deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of the management of SendAWakeUpCall.

Complaints/Abuse

Abuse of the SendAWakeUpCall system can be reported to SendAWakeUpCall. All recipients of a SendAWakeUpCall message will have the right to report any message they believe to be abusive, threatening, defamatory, racist, profane, obscene, intimidating, or unlawful.

Any violation of the SendAWakeUpCall Zero Tolerance Policy on sending abusive and threatening messages through the Communication Services, as deemed at the sole discretion of SendAWakeUpCall, will result in restricted access or prohibition of access for the offending party. Such restrictions can be placed against an offending party’s email address, IP address, or other means of identification as deemed necessary by SendAWakeUpCall.

Storage Space and Other Limitations

SendAWakeUpCall makes no warranty that any SendAWakeUpCall service will be uninterrupted, timely, secure or error-free.

Termination/Access Restriction

SendAWakeUpCall reserves the right, in its sole discretion, to terminate your access to any or all SendAWakeUpCall web sites or services or any portion thereof at any time, without notice.

SendAWakeUpCall shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Content Available Through SendAWakeUpCall Web Site and Services

All content (if any) that is made available to view and/or download in connection with the SendAWakeUpCall web site and services, excluding content and/or software that may be made available by end-users through a Communication Service, is owned by and is the copyrighted work of SendAWakeUpCall and/or its suppliers and is protected by international copyright laws and treaty provisions.

Any reproduction or redistribution of the content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content and/or software of SendAWakeUpCall to any other server or location for further reproduction or redistribution is expressly prohibited.

Links to Third Party Sites

The SendAWakeUpCall web site and services may contain links to third party web sites ("Linked Sites"). Such Linked Sites are not under the control of SendAWakeUpCall and SendAWakeUpCall is not responsible for the contents of any Linked Site. The inclusion of any link does not imply any endorsement by SendAWakeUpCall of the site or any association with its operators.

Any dealings with third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the third party. SendAWakeUpCall shall not be responsible or liable for any part of any such dealings.

Liability Disclaimer

The information, software, products, and services included in or available through the SendAWakeUpCall web site and services may include inaccuracies or typographical errors. Changes are periodically made to the SendAWakeUpCall web site and services and to the information therein. SendAWakeUpCall and/or its respective suppliers may make improvements and/or changes in the SendAWakeUpCall web site and services at any time. Advice received via the SendAWakeUpCall web site and services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

SendAWakeUpCall and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the SendAWakeUpCall web site and services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind, expressed or implied.

To the fullest extent permitted by law SendAWakeUpCall and/or its respective suppliers hereby disclaim all warranties, conditions and other terms with regard to this information, software, products, services and related graphics, including all implied warranties, conditions or other terms of satisfactory quality, merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement, contained in or associated with the SendAWakeUpCall web site and services.

You specifically agree that SendAWakeUpCall shall not be responsible for any unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through any SendAWakeUpCall web site and services.

You specifically agree that SendAWakeUpCall is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

You specifically agree that SendAWakeUpCall is not responsible for any content sent using and/or included in any SendAWakeUpCall web site and services by any third party.

To the fullest extent permitted by law in no event shall SendAWakeUpCall and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data revenues or profits, arising out of or in any way connected with the use or performance of the SendAWakeUpCall web site and services, with the delay or inability to use the SendAWakeUpCall web site and services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SendAWakeUpCall web site and services, or otherwise arising out of the use of the SendAWakeUpCall e-mail site and services, whether based on contract, tort, negligence, strict liability or otherwise, even if SendAWakeUpCall or any of its suppliers has been advised of the possibility of damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the SendAWakeUpCall web site and services, or with any of these terms of use, to the fullest extent permissible by law, your sole and exclusive remedy is to discontinue using the SendAWakeUpCall web site and services.

The limitations on and exclusions of liability for damages in this agreement apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory.

General Notice

This agreement is governed by the laws of the Republic of Singapore. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Republic of Singapore courts in all disputes arising out of or relating to the use of the SendAWakeUpCall web site and services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SendAWakeUpCall as a result of this agreement or use of the SendAWakeUpCall web site and services.

You agree to indemnify and hold SendAWakeUpCall, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the SendAWakeUpCall web site and services.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

SendAWakeUpCall will not be liable to you for any breach of these Terms and Conditions of Use, which arise because of any circumstances that SendAWakeUpCall cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SendAWakeUpCall with respect to the SendAWakeUpCall web site and services.

© 2010 SendAWakeUpCall.Com

SendAWakeUpCall.Com is an operating entity of a Private Limited Company incorporated in the Republic of Singapore.

To contact us, send an email to: owner@sendawakeupcall.com.