ipsh!net is not responsible for messages nor pages lost or misdirected due to interruptions or fluctuations in the Internet. Your mobile phone number and/or information contained in the Text Message may be intercepted by third parties during transmission over the Internet without your or ipsh!net permission. ipsh!net is not responsible for the number or content of messages sent using our Text Messaging Service.

ipsh!net is only a venue allowing users to communicate with other users and allowing users to receive content from third parties. ipsh!net does not control, does not monitor, and makes no representation regarding the truth, accuracy, quality, completeness, safety, or legality of the information provided by its users, groups, or channels. ipsh!net PROVIDES THE SERVICES "AS IS" WITH NO WARRANTIES OF ANY KIND. ipsh!net EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ipsh!net OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT ipsh!net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Services or any content on ipsh!net, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ipsh!net AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).

ipsh!net ANTI-SPAM policy

ipsh!net supports responsible SMS texting, and prohibits the use of the ipsh!net technology to send unsolicited commercial messages, or "SPAM".

In order to enforce an anti-spam policy, we have developed the following definition for determining what constitutes "spamming": SPAM is an unsolicited commercial email or SMS message sent to a recipient that has not provided their email address or phone number directly to the sender, or an email/SMS text message sent to a recipient who would not have a reasonable expectation of receiving a message from the sender.

Regulations for List Owners

In order to prevent the use of ipsh!net in sending SPAM, we have implemented the following policies:

  1. License Agreement: Each mailing/phone number list administrator is required to agree to a license agreement that requires that all members of their mailing list must have requested that information be sent to them.
  2. Mandatory Unsubscribe Instructions: All messages sent via ipsh!net will include instructions for recipients on the list owner website or ipsh!net website to remove their email address or phone number from the mailing list from which the message was sent.
  3. Account Termination for Abusers: Reports of unsolicited email or SMS text messages may result in the cancellation of a mailing list account without refund.

Reporting Spam

To report SPAM sent with ipsh!net, send a message to usage@ipsh.net, and be sure to include:

  1. The phone number to which the SMS message was sent
  2. The ipsh!net mailing list ID from which the message was sent (if applicable) The content of the offensive SMS message

POLICY FOR USING LISTS OBTAINED FROM THIRD PARTIES

In general, email/phone number lists obtained from third parties are pulled from web sites, domain registrations, and other non opt-in sources. The use of such lists with our system is strictly prohibited. There are certain cases when the use of a list obtained from a third party may be acceptable, however. In order for a mailing to a third party list to be acceptable under our unsolicited email and SMS text paging policies, the following rules must be adhered to:

  1. The email addresses or phone numbers obtained by the third party must be strictly opt-in, and follow all of our policies regarding opt-in email list collection.
  2. The third party assembling the email or phone number list must make a clear disclosure stating that recipients' addresses ARE provided to others.
  3. The third party must be able to provide documentation regarding the validity of the addresses/phone numbers in case of an unsolicited email/SMS text messaging complaint.
  4. Any messages sent to addresses/phone numbers obtained from a third party must contain information disclosing the source of the addresses. IF A THIRD PARTY PROHIBITS SUCH DISCLOSURE, THEIR LIST MAY NOT BE USED IN OUR SYSTEM. (TIP: Use database fields and mail merge to include source information when using multiple sources.)
  5. The content of messages sent to addresses from a third party list must be consistent with the disclosure made to the recipients upon initial provision of the email address or phone number. As a list owner, you are fully responsible for any third party's adherence to our policies for lists which you obtain and use in our system. Any violation of our policies by third parties will be seen as violations by you, and will subject your account to disciplinary action, termination, and fees accordingly.