This document provides the Terms and Conditions for the iBulky.com SMS SaaS (Software as a Service). By using the SMS Service in any way, you are agreeing to comply with these Terms and Conditions. In addition, by using the SMS Services, you agree to abide by any applicable posted guidelines for all SMS Services, which may change from time to time. Should you object to any term or condition of these Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the SMS Service in any way, your only recourse is to immediately discontinue use of the SMS Service. These Terms and Conditions constitute a Service Agreement that defines the terms and conditions that govern your use of the SMS Services. If you are under the age of thirteen (13), you cannot use the SMS Service without the permission of your parent or guardian.

The web pages available at www.ibulky.com and all linked pages, including mobile web(except for adverts) are owned and operated by ITBeings Communication Service. The SMS SaaS is offered by the ITBeings Nigeria, in connection with iBulky.com.

1. INFORMATION THAT WE COLLECT ABOUT YOU IS PROTECTED BY OUR PRIVACY POLICY

   Any registration data or other information that we collect about you is subject to our Privacy Policy. For more information, see our full Privacy Policy: http://ibulky.com/tos/#privacy

2. NO UNLAWFUL OR HARMFUL USE OF THE SMS SERVICE

   You will not use the SMS Service in any way that is unlawful or in any way harms the Company, or any customers or affiliates of iBulky, as determined in the Company's sole discretion. We may tell you about certain specific harmful uses in a code of conduct or other notices available through the SMS Service, but we have no obligation to do so. You may not use the SMS Service in any way that breaches any code of conduct or other notice applicable to the SMS Service.

3. YOU AGREE TO SUPERVISE THE USE OF THE SMS SERVICE BY YOUR CHILDREN

   We are concerned about the safety and privacy of all its users, particularly children. Children under the age of thirteen (13) years old are not permitted to use the SMS Service. However, parents and guardians who wish to allow their children under the age of thirteen years old (13) to access the SMS Service should assist them in setting up any relevant accounts and supervise their use of the SMS Service at all times.

4. YOU ARE RESPONSIBLE FOR CONTENT YOU RECEIVE

   You, and not iBulky.com, are entirely responsible for all content that you receive via the SMS service. You understand that all messages, texts, images, or any other materials posted on, transmitted through, or linked from the SMS Service, are the sole responsibility of the person from whom such content originated. You understand that iBulky.com does not control, and is not responsible for content made available through the SMS Service, and that by using the SMS Service; you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the content available through the SMS Service may contain links to other websites, which are completely independent of iBulky.com or the SMS Service. iBulky.com makes no representation or warranty (express or implied) as to the accuracy, completeness or authenticity of the information contained on the SMS Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will iBulky.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the SMS Service. You acknowledge that iBulky.com does not pre-screen or approve content, but that iBulky.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the SMS Service or the Site, for violating the letter or spirit of these Terms and Conditions or for any other reason.

   You understand that by using the SMS Service, you may be exposed to content that may be deemed offensive or objectionable as stated above. Under no circumstances will iBulky.com be liable in any way for any content, including, but not limited to, errors or omissions of any content, loss or damage of any kind incurred as a result of the use of any content made available to you via the SMS Service.

   You agree NOT to use the SMS Service:

   • to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   • to send content that is harmful to minors in any way;
   • to impersonate any person or entity, including, but not limited to, iBulky.com, iBulky, ITBeings officials, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the SMS Service to another;
   • to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
   • to interfere with or disrupt the SMS Service or the Site, or servers or networks connected to the SMS Service or the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the SMS Service;
   • to intentionally or unintentionally violate any applicable local, state, national or international law.
   • to stalk or otherwise harass another;
   • to harvest or otherwise collect or store personal data about other users.

   Any personal information we collect about you will not be provided, sold, licensed, rented, assigned or disclosed to third parties, except as required by law, nor will we use your phone number to initiate a call or SMS text message to you without your express or implied prior consent (see the iBulky.com Privacy Policy located at http://ibulky.com/tos/#privacy). You acknowledge, consent and agree that we may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of iBulky or any third party, including the public.

   You understand that the technical processing and transmission of the SMS Service, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

   Your wireless carrier and other service providers will also collect data about your use of the SMS Service. You acknowledge that their practices are governed by their own privacy policies.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE

   Without limiting the generality of use of the SMS Service, you will not use the SMS Service to transmit, either directly or indirectly, any unsolicited commercial mobile messages. You will not use the SMS Service or the site in any way that violates iBulky's anti-spam policy. A breach of any part of the Federal Anti-Spam Laws or iBulky's anti-spam policy is a breach of the Terms and Conditions and certain federal and state laws. Such violations may subject the sender and his or her agents to the E.F.C.C.

YOU HEREBY GRANT iBulky.com THE RIGHT TO COMMUNICATION WITH YOU VIA E-MAIL OR SMS, ABOUT ANY UPDATES, NOTICES, UPGRADES, OR OTHER INFORMATION THAT iBulky.com DEEMS IMPORTANT FOR YOU TO KNOW, RELATING TO THIS SERVICE.

PLEASE READ THIS AGREEMENT/POLICY CAREFULLY

With respect we ensure that we protect your privacy on iBulky.com. It's important to iBulky.com to help our customers retain their privacy when they take advantage of all the Internet has to offer.

We believe your business is no one else's. Your privacy is important to you and to us. So we'll protect the information you share with us. To protect your privacy, iBulky.com follows different principles in accordance with world-wide practices for customer privacy and data protection.

• We won't sell or give away your name, mail address, phone number, email address, payment information or any other information to anyone.
• We'll use state-of-the-art security measures to protect your information from unauthorized users.

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally this information is requested when you create an account on iBulky.com website or when you download our free desktop software, enter a contest, subscribe to e-mail newsletters or submit any personal details on iBulky.com.

CONSENT

If you choose not to register or provide personal information, you can still use some part of iBulky.com website, but you will not be able to access areas that require registration.

If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding iBulky.com services, you may select the option stating that you do not wish to receive marketing messages from us.

WHAT WE DO WITH THE INFORMATION YOU SHARE

When you join us, you provide us with your contact information, including your name, mobile number, address and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. We use your email address to contact you regarding administrative notices or latest news from time to time. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. When you order from us, we ask for your debit/credit card number and billing address (via our payment processor interface). We use this information only to bill you for the ordered service at that time. For your security, we DO NOT save your billing information with us.

DATABASE INFORMATION PROTECTION

Any information sent through iBulky.com for text messaging and or storage purposes will remain the property of the account holder. iBulky.com will, at no time, collect or redistribute this information without the user's consent, except where legally required by law to do so. This is with particular reference to any database, numbers and/or recipient details that you may deliver to us, or store on our databases.

DISCLOSURE OF YOUR INFORMATION

We do not sell or rent any personally identifiable information about you to any third party. We do aggregate personally identifiable information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you.

REVIEWING/CHANGING YOUR INFORMATION

If at any time you would like to change any information in your account, login to your account on http://my.ibulky.com. On this interface you can change or update your information by click on settings and update your info to effect the new changes.

LIMITS ON OUR ABILITIES

Although your privacy is very important to us, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems. This will not be done for commercial purposes or gain from iBulky.com as such.

ENFORCEMENT

If for some reason you believe iBulky.com has not adhered to these principles, please notify us by e-mail at support[at]ibulky.com or via contact us page, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

If you have further questions about our privacy policy or its implementation, please contact us.

You acknowledge that acceptance of this privacy policy is a condition to your use of our services and you agree to be bound by all of its terms and conditions

ALL THE INFORMATION DISPLAYED, TRANSMITTED OR CARRIED BY iBulky.com AND ITS RELATED WEBSITES INCLUDING, BUT NOT LIMITED TO, DIRECTORIES, GUIDES, NEWS ARTICLES, OPINIONS, REVIEWS, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, PROFILES, AUDIO CLIPS, VIDEO CLIPS, TRADEMARKS, SERVICE MARKS AND THE LIKE, COLLECTIVELY THE "CONTENT", ARE PROTECTED BY THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. THE CONTENT IS OWNED BY iBulky.com, ITS AFFILIATES OR THIRD PARTY LICENSORS. YOU MAY NOT MODIFY, PUBLISH, TRANSMIT, TRANSFER, SELL, REPRODUCE, CREATE DERIVATIVE WORK FROM, DISTRIBUTE, REPOST, PERFORM, DISPLAY OR IN ANY WAY COMMERCIALLY EXPLOIT ANY OF THE CONTENT. YOU AGREE TO ABIDE BY ALL COPYRIGHT NOTICES AND RESTRICTIONS ATTACHED TO ANY CONTENT ACCESSED THROUGH THE iBulky.com AND NOT TO ALTER THE CONTENT IN ANY WAY. PERMITTED USE; YOU MAY TAKE A SINGLE COPY OF THE CONTENT DISPLAYED ON THE iBulky.com FOR PERSONAL, NON-COMMERCIAL USE ONLY, PROVIDED THAT YOU DO NOT REMOVE ANY TRADEMARKS, COPYRIGHT AND ANY OTHER NOTICE CONTAINED IN SUCH CONTENT. YOU SHALL NOT ARCHIVE OR RETAIN ANY CONTENT IN ANY FORM WITHOUT WRITTEN PERMISSION.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

iBulky.com contains facts, views, opinions, statements and recommendations of users of the iBulky.com, advertisers, third party information providers and organizations.

iBulky.com does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the website. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

iBulky.com makes no warranty or representation whatsoever regarding the web site or any content, advertising services or products provided through or in connection with the web site.

iBulky.com expressly disclaims any and all warranties, express or implied, including, without limitation :

WITHOUT LIMITING THE FOREGOING, iBulky.com SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE iBulky.com WEB SITE. iBulky.com FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS iBulky.com MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL iBulky.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST iBulky.com WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.