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Terms of Service


Effective Date: 31 October 2007

DeMobile and DeMolay.net are affiliated with the Associated DeMolay Chapters of Georgia (see www.gademolay.org). Copyright to DeMobile is retained by its author, Jonathan Challen, who grants the Associated DeMolay Chapters of Georgia an exclusive license to resell DeMobile within the DeMolay Community.

Acceptance to Terms of Service
By using the DeMobile service, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these terms and conditions, do not use the DeMobile service. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the Associated DeMolay Chapters of Georgia. DeMobile reserves the right to terminate the client service and access to all DeMobile administration tools at any time, without notice or refund, for violation of any provision of these Terms of Service.

Cost of Service: Client
The DeMobile service is provided to clients for a monthly subscription fee.

Cost of Service: List Subscribers
Clients may not charge their list subscribers for the use of the DeMobile service. Please note that wireless carriers may charge service fees for receiving and sending text messages and/or require the use of airtime and wireless data for services. DeMobile does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your carrier. Under no circumstances will we be responsible for fees that your wireless carrier may charge you or your list subscribers. DeMobile reserves the right, in its sole discretion, to unsubscribe and block from all lists any list subscriber and that subscriber's access to any DeMobile service at any time, without notice.

Client Account, Password, and Security
As part of the registration process, you are issued a unique user name and password which you must provide in order to gain access to our services. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms of Service or in anyway we, in our sole discretion deem inappropriate. Your ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to our services to anyone who is not specifically authorized to use them. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. Regarding additional password and account security, You agree to immediately notify us of any unauthorized use of your user name and password or any other breach of security. You are liable and responsible for any unauthorized use of the services.

Content Responsibility
Each DeMobile client is responsible for the content sent in each message and any customized pages and images stored on our server space. Misuse by you may result in termination of your account. All services provided by DeMobile are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The client agrees to indemnify and hold harmless DeMobile from any claims resulting from the use of the service which damages the client or any other party.

Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE is unacceptable. DeMobile reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Clients may only send e-mail and text messages to recepients who have joined mailing lists directly from their site.

Resale of Service
The resale of any service provided by DeMobile is prohibited. This includes but is not limited to: e-mail lists, text message lists, subscriber lists, scheduled messages, or web space. Free distribution of a service to a mass public is also prohibited. E-mail and text message lists are provided solely for use of your chapter or jurisdiction. Resale or sharing of lists with other chapters or jurisdictions is strictly prohibited. Resale or sharing of services may result in termination of your account without refund.

No Automated Requests
You may not send automated requests of any kind to the DeMobile system without express permission in advance from DeMobile. You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the service in any manner.

Refund Policy
You may cancel your service at any time, however DeMobile does not give pro-rated refunds for partial months service. Accounts terminated for violation of these terms of service are not eligible for a refund of any form, and may be held liable for damages resulting from the violation of these agreements. DeMobile may elect to discontinue service to a customer for a variety of other reasons - in these situations we will refund any leftover fees deemed applicable.

Changes to TOS
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

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