txtGroups currently provides users with access to a collection of resources, including, various communications tools, personalized content and branded programming through its network of properties (the "Service"). Please note that your profile information will be publicly available to other users. One benefit to the txtGroups service is to enable our users to meet and interact with other users. To promote community, we may facilitate interaction and communication between members. Additionally, if there appear to be common interests between you and other users (according to your profile information), we may send email or SMS messages that will introduce you to others or them to you. For this purpose, we may include your greeting and other profile information. For this community-related Service that is provided directly to your mobile phone, you will be charged. Profile information will NOT include personal data like your last name, email address or phone number. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new txtGroups properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that txtGroups assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in United States Dollars. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

YOU UNDERSTAND THAT TXTGROUPS MAY MODIFY SERVICES AT ANY TIME AND THAT TXTGROUPS SPECIFICALLY RESERVES THE RIGHT FROM TIME TO TIME TO ALTER THE NUMBER OF FREE MESSAGES AND OTHER FREE SERVICES OR ELIMINATE ANY OR ALL FREE OFFERINGS ENTIRELY AT ITS SOLE DISCRETION, WITH OR WITHOUT NOTIFICATION. PLEASE CHECK BACK OFTEN TO UNDERSTAND THE LATEST AND CURRENT OFFERINGS.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or txtGroups has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, txtGroups has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). txtGroups is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) is appropriate for your child. You agree to grant txtGroups a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers), right to exercise the copyright and publicity rights you have to your Registration Data and any information you provide to txtGroups or other users within publicly accessible areas of the Service or through the messaging service ("Your Information"), in any media now known or not currently known. txtGroups will only use the Registration Data and Your Information in accordance with txtGroups Privacy Policy.

You agree that txtGroups may add tag lines of its own choosing such as "Thanks for using txtGroups!" to the end of the messages if there is enough space for the intended tag line.

You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not txtGroups, are entirely responsible and liable for all activities conducted through your Account. txtGroups does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will txtGroups be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in txtGroups terminating your Account. You agree not to do any of the following actions while using the Service:

1. Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another txtGroups participant, user, or other individual or entity;
2. Upload, post, email, SMS, or otherwise transmit via the Service any Content that txtGroups considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
4. Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
5. Cause any screen in the Service to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
6. Impersonate in the Service any person, including but not limited to, an txtGroups official, forum leader, guide or host;
7. Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;
9. Collect or store personal data about other users;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner;
11. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service.
12. Provide or send any content which may be harmful or detrimental to txtGroups or its business associates, or which violates any restriction or policy established by txtGroups or its business associates.
13. In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include
    
    
    1. the sensibilities of the recipient of the transmissions whether they hold a different religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
       
       
    2. transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and
       
       
    3. content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense.

Note on unsolicited advertising and spam: txtGroups policy on using our communication system to market to our users mandates that:

• The sender of any message deemed to be "spam", "marketing" or "mail bombing" to any other user or users will be liable for $100 for each account/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.
• The sender will pay all fees owed to txtGroups within thirty (30) days of such transmission. Note: this means that if a message like the one described above is sent to a club of 300 users, or to one user 300 times, then you will be liable for $30,000, payable to txtGroups, within 30 days.

You acknowledge that txtGroups doesn't pre-screen Content, but that txtGroups and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, txtGroups shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by txtGroups, transmitted through the Service, or submitted to txtGroups. You acknowledge and agree that txtGroups may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of txtGroups, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

For purposes of this Agreement, "publicly accessible areas of the Service" are those accessible by the general public.

1. With respect to Content you elect to post for inclusion in publicly accessible areas of the Service that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant txtGroups the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service of txtGroups to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
2. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant txtGroups the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

txtGroups respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide txtGroups' Designated Copyright Agent, Kevin B. Jones, Esq, copyright@txtGroups.com, the following information:

1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Service;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The above information should be in writing and sent to txtGroups' designated Copyright Agent, Jim Varnell, copyright@txtGroups.com, as specified below:

336 36th Street, #366
Bellingham, WA 98225

Under the appropriate circumstances, it is txtGroups' policy to remove and/or to disable access from the Service to web pages of repeat infringes, and to terminate subscribers and account holders who are repeat infringes.