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Terms & Conditions for HANCO Inc. and its Subsidiaries and Affiliates

Subscribed Customers

YOU ARE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS SITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SERVICE AND HAVE THEM READ AND AGREE TO THESE TERMS. You represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 13, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service do not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under the age of 18 or under the age of 13 and using the Service without the permission of your parent or legal guardian.

Registered Advertising and Marketing Clients

READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE. BY USING THIS SERVICE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO BINDING AGREEMENTS EITHER INDIVIDUALLY OR ON BEHALF OF YOUR COMPANY AND ARE NOW COMPLETING SUCH A BINDING AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND ALL OTHER ADDITIONAL OR CONTRARY DOCUMENTS, OR REPRESENTATIONS, WRITTEN OR ORAL, ARE HEREBY REJECTED AND SHALL NOT BE BINDING.

YOU ARE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS SITE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SERVICE AND HAVE THEM READ AND AGREE TO THESE TERMS. You represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 13, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service do not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under the age of 18 or under the age of 13 and using the Service without the permission of your parent or legal guardian.

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Acceptance of Terms of Use

These Terms of Use govern your use of the all mobile marketing programs and services of HANCO Inc., including, but not limited to all services as found on the company websites. By using, visiting, or browsing the mobile marketing programs and service or websites, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the HANCO Inc. nor any of its mobile marketing programs, services or websites. These Terms of Use are an ongoing contract between you and HANCO Inc. and Frextr. and apply to your use of the service and website. These Terms of Use affect your rights and you should read them carefully.

HANCO Inc., reserves the right, from time to time, with or without notice to you, to change these Terms of Use is our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the " Terms of Use" located at the bottom of the pages of all HANCO Inc. websites, including but not limited to frextr.com, frextir.com, frexter.com, frextor.com, freshtext.us, freshtxt.us, freshtext.uk.com, freshtxt.uk.com. The most current version of the Terms of Use will supersede all previous versions. Your use of any website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

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Privacy

Any personally identifying information submitted on HANCO Inc. websites is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

HANCO Inc. agrees to maintain as confidential your e-mail, phone numbers, physical mailing addresses, and wireless numbers. HANCO Inc. agrees not to compile, buy, sell, rent, rent or trade your e-mail, phone, physical mailing addresses, wireless numbers, nor to send unauthorized emails, wireless text messages (SMS), direct mail, or voice messages to any individual or entity on your list(s). HANCO Inc. further agrees not to use your customer list(s) or any other customer information for any other purposes than those intended with the Service. Your customer information shall not be shared with any other third parties unless required by law. HANCO Inc. will provide you with reasonable advance notice prior to disclosing confidential information on this basis and agrees to stipulate to any orders necessary to protect said information from public disclosure.

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CAN-Spam Act

HANCO Inc. is compliant with the CAN-SPAM laws and enforces such practices for all of its customers. You represent, covenant and warrant that you shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation).

You shall warrant to HANCO Inc. that you will take all required actions necessary to comply with applicable state and federal "DO NOT CALL" registration statutes and regulations, and you shall not use the Service in a manner which will result in a violation of any laws or regulation respecting such Service, including but not limited to the Federal Telephone Consumer Protection Act, 27 U.S.C. § 227, et seq.

You shall use Hanco Inc's mobile marketing services only with express permission of the mobile phone owner; the subscriber has voluntarily requested mobile messaging by completing the necessary steps to register for the program. Further, all mobile messages will be sent to the subscriber only insofar as the subscriber does not unsubscribe. Any messages sent to users who did not request your mobile marketing messages, whether purchased or otherwise obtained without the recipients' consent, shall be deemed as "Spam" and may result in termination of your account without refund and legal action, including the pursuit of damages, against you for violating our "No Spam" policy.

You shall also agree to abide by and display a Privacy Policy or link to a Privacy Policy on your signup page. You shall either (1) use the Privacy Policy provided by HANCO Inc. on any of its websites or (2) use a Privacy Policy that contains the same provisions, or their equivalent, as the Privacy Policy that is provided by HANCO Inc. Any violation of this Privacy Policy may result in termination of your account without refund and the commencement of legal action against you. You agree to indemnify and hold HANCO Inc. harmless from any damages and claims arising from any violation of this policy.

As a matter of privacy, HANCO Inc. does not have to share with you the e-mail addresses, instant message handles, phone numbers, or pager numbers or any other personally identifiable information of anyone who uses and/or complains about your campaigns.

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Conditions of Use

HANCO Inc. is an online service providing its clients with text message marketing programs for mobile platforms. We offer a variety of text-based messaging services and pricing plans. Under all plans, the client is responsible to adhere to collateral requirements as set forth by the carriers, the Mobile Marketing Association (MMA) and the Federal Communications Commision (FCC). All HANCO Inc. websites list the requirements for signage, broadcast and other media a client may use to obtain subscribers. By continued use of HANCO Inc.'s service, the client accepts responsibility for the ongoing maintenance of their mobile marketing program.

We reserve the right in our sole and absolute discretion to make changes from time to time as the governing bodies modify the policies regarding mobile marketing. You will receive email from HANCO Inc. when notices are received from the carriers regarding service interruption or required maintenance. You represent that you will comply with any required changes within ninety (90) days of receipt of any notice.

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Restrictions

You represent and warrant that: (i) you own all Content provided by you through the Service or otherwise have the have the applicable licenses necessary to use such Content in accordance with the terms of this Agreement, and (ii) the transmission of your Content through the Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content provided by you to or through the Service. When providing Content to or otherwise using the Service, you agree not to, without limitation: send any unsolicited e-mails, instant messages, wireless text messages (SMS), voice messages or faxes or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; send unsolicited e-mails, instant messages, wireless text messages (SMS), voice messages or faxes to email addresses, phone/pager numbers, landline phones or fax machines, obtained from any purchased or harvested lists in which the recipient did not expressly request to receive your message (or your customers' messages); send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that harass, embarrass, defame, abuse, threaten, libel, slander or otherwise violate the legal rights of any individual, group, or organization; send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by HANCO Inc.; send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that contains material that infringes, misappropriates or violates any patent, trademark, trade secret, copyright, rights of privacy or publicity or any other proprietary rights of any party; send e-mails, instant messages, wireless text messages (SMS), voice messages or faxes that contain a computer virus or any other code, program or file that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group or organization; perform or promote illegal activities or promote physical harm or injury against any individual, group or organization, or promote any act of cruelty to animals; impersonate, use the name of (without express permission) or misrepresent any individual, group or organization;violate any applicable local, state, federal or international laws or regulations or perform any activity that would cause HANCO Inc. to violate any law, statute or regulation; Transmit or otherwise make available any content that is false, harmful, threatening, abusive, defamatory, libelous, disparaging (including disparaging of HANCO Inc.), vulgar, obscene, pornographic, or that promotes, furthers or cites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by HANCO Inc. in its sole discretion); Submit any copyrighted or trademarked materials without the express permission from the owner; Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Service.

This list of prohibitions provides examples and is not complete or exclusive. HANCO Inc. reserves the right to (a) terminate your access to your account, your ability to use the Service and (b) refuse, delete or remove, move or edit the Content, in whole or in part, with or without cause and with or without notice, for any reason or no reason, or for any action that HANCO Inc. determines is inappropriate or disruptive to the Service to any other user of this Service. HANCO Inc. may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at HANCO Inc.'s discretion, HANCO Inc. will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Service. HANCO Inc. does not and cannot review all Content submitted to and/or transmitted through the Service. These prohibitions do not require HANCO Inc. to monitor, police or remove any Content or other information submitted by you or any other user of the Service.

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How Our Service Works

We encourage the use of our service through free trials when they are promoted. Free trials last for four weeks or as otherwise specifically stated in the promotion.

We offer a variety of service plans at varying price levels, including special promotional plans or plans with limitations on the number of text blasts and/or subscribers.

Free trials cannot be combined with any other offer. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one month of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your four-week free trial period.

We will begin billing your Payment Method for monthly service and/or message fees corresponding to your service plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. To view the specific details of your service plan, including price and end date of your free trial period, click the "Billing History" link on the "Account Info" page. You will not receive a notice from us that your free trial period has ended or that your paid service has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "CAMPAIGN KEYWORD" LINK on the �ACCOUNT INFO� page and delete any and all program keywords. We will continue to bill your Payment Method on a monthly basis for your service plan until you cancel. You may cancel your service at anytime. We reserve the right to modify, terminate or otherwise amend our offered service plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Billing: The billing cycle starts on the date of registration and is a monthly term. All outstanding service and/or message fees are billed and due monthly on the registration anniversary date. If payment is not made within thirty (30) days from the billing date, HANCO Inc. may suspend and/or cancel the campaign.

Ongoing Service: Client relationship continues unless and until Client cancels the marketing program or it is terminated by HANCO Inc. Client may cancel the marketing program and/or the relationship with HANCO Inc. at any time. The cancellation of a campaign keyword or the account will be effective immediately. We do not refund.

Penalty: At the discretion of HANCO Inc., delinquent accounts may be suspended and/or cancelled. Account suspension disables client's access to the account, but continues to allow subscriber opt-in. Account cancellation unsubscribes all users from the client's campaigns, and the campaign keyword is released.

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Account Protection

Like most web sites, HANCO Inc. uses cookies in order to provide services to you and improve your experience. Cookies record your preferences, but we do not keep your username or password. If you do not want to receive cookies, set your browser to notify you when cookies are sent.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to HANCO Inc. websites.

If you find that you're a victim of identity theft and it involves any of your mobile marketing accounts, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. HANCO Inc. reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. HANCO Inc. is not obligated to credit or discount a service for holds placed on the account by either a representative of HANCO Inc. or by the automated processes of HANCO Inc.

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Disclaimers of Warranties and Limitations on Liability

HANCO INC. MOBILE MARKETING PROGRAMS AND SERVICE, INCLUDING ALL WEBSITES, FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE HANCO INC. SERVICE, THE WEBSITE AND ITS CONTENTS. HANCO, INC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MOBILE MARKETING PROGRAMS AND SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT HANCO INC. SEARH INC. MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE MOBILE MARKETING PROGRAMS AND SERVICE, INCLUDING SCHEDULING, LISTING, REPORTING, SUBSCRIBER COLLATERAL OR ANY OTHER ASPECTS OF THE MOBILE MARKETING PROGRAMS AND SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained in text messages or other services from the mobile marketing service; (ii) errors or omissions in the content delivered by the mobile marketing programs and service or on any of the HANCO Inc. websites; (iii) recommendations or advice of the websites or Customer Service; (iv) any failures, delays, or interruptions in the text messaging program delivery; (v) any failure or interruption in the availability of the HANCO Inc. services and/or websites; (vi) delivery of any content contained on the HANCO Inc. websites or through the HANCO Inc.'s mobile marketing programs and services; and (vii) any losses or damages arising from the use of the content provided on the HANCO Inc. websites and mobile marketing programs themselves, including any losses or damages arising from features of the mobile marketing programs, Customer Service or any conduct by users of the service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on text messaging from the services of HANCO Inc. or the descriptions contained on our website. We do not represent or guarantee that your use of the mobile marketing programs and service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon HANCO Inc. or its affiliated parties.

In no event shall HANCO Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the HANCO Inc. websites, its contents or the mobile marketing programs and services, and features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the mobile marketing programs and services, individually and collectively, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's keyword fee on Client's account. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

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Functionality Compatibility

HANCO INC. MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING MOBILE MARKETING READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR FUNCTIONALITY.

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Intellectual Property

Copyright: All content included on all HANCO Inc. websites and delivered to clients and/or subscribers as part of the service, including marketing collateral in all forms and other promotional aids, usage reports, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of HANCO Inc., or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of HANCO Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from HANCO Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the HANCO Inc. websites and all subdomains — not to insert any code or product or manipulate the content of the HANCO Inc. websites in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. HANCO Inc. reserves the right to terminate your account hereunder if HANCO Inc., in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying software, content, interface, text, graphics, audio/video assets or the copying or other unauthorized use of our proprietary content. HANCO Inc. does not promote, foster or condone infringing activity. The use of the HANCO Inc. mobile marketing programs and service, is solely for your commercial use; all messaging must be specifically opted-in by your customer and users through a text command that constitutes permission for Hanco, Inc. to send mobile marketing to them. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the HANCO Inc. websites and/or mobile marketing programs and services.

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Trademarks and trade secrets

Frextr and Frextr.com are registered trademarks of HANCO Inc. and are trademarks or service marks of HANCO Inc. HANCO Inc. websites including but not limited to graphics, logos, page headers, button icons, scripts and service names constitute trade dress of HANCO Inc. The trademarks, service marks and trade dress of HANCO Inc. may not be used or reproduced without prior written approval from HANCO Inc. and may not be used in connection with any product or service that is not affiliated with HANCO Inc., in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Hanco, Inc., or in any manner that disparages or discredits HANCO Inc. or any of its mobile marketing products and/or services.

Other trademarks, including but not limited to, partners, clients and publishers that appear on HANCO Inc. websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HANCO Inc. Any images of persons or personalities contained on HANCO Inc. websites are not an indication or endorsement by HANCO Inc. or any particular product or our service unless otherwise indicated.

As part of Agreement, you acknowledge that HANCO Inc. possesses valuable trade secrets and agrees to maintain the confidentiality of HANCO Inc.'s proprietary materials.

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Marketing Permission to Use

HANCO Inc. publishes SMS messages from clients to consumers' mobile phones. We reserve the right to display and promote the content from clients and providers or other information on HANCO Inc.'s websites in any manner we choose in our sole and absolute discretion.

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Liability for Content

In addition, HANCO Inc. publishes alerts from clients to social media sites. Social media sites may allow other third parties to post reviews or comments concerning the mobile marketing programs distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties in reference to content published at client's request are those of the respective authors or producers and not of HANCO Inc., or its shareholders, directors, officers, or employees.

Under no circumstances shall HANCO Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained from a third party site.

HANCO Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication sent to the company by any legitimate means, including email, post, telephone call, instant message, or meeting; solicited or unsolicited; without limitation, responses to questionnaires or through postings to the websites, without further compensation, acknowledgement or payment to you for any purpose whatsoever. Submission of such material grants HANCO Inc. a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify submitted in any media, software or technology of any kind now existing or developed in the future.

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Electronic Communications

By using a HANCO Inc. service, you consent to receiving electronic communications from HANCO Inc. These communications will include notices about your account, customer care emails, service alert emails, billing emails and other transactional information including text messages when account maintenance is required urgently; and information concerning or related to our service, such as new features or other information or offerings. Any notice, agreements, disclosure or other communications sent from HANCO Inc. will satisfy any legal communication requirements, including that such communications be in writing.

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Conduct

By accessing a HANCO Inc. website, you agree to use the mobile marketing programs and service, including all features associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with HANCO Inc. You also agree not to interfere with the servers or networks owned and/or managed by HANCO Inc. nor to violate any of the procedures, policies or regulations of networks.

You also agree not to impersonate any other person while using the HANCO Inc. websites, conduct yourself in a vulgar or offensive manner while using our service, or use the HANCO Inc. websites for any unlawful purpose.

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Limitations on Use

You must be 13 years of age or older to become a client of the mobile marketing programs and service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Clients who distribute products that may be opted-in by children are required to observe all carrier guidelines governing restricted marketing. HANCO Inc. does not intentionally seek to collect information from individuals 13 years of age and younger.

Unless otherwise specified, the mobile marketing programs and the content related to same and the content on HANCO Inc. websites, including are for the client's commercial use and we grant you a limited license to access the Hanco, Inc. websites for that purpose.

HANCO Inc. does not promote, foster or condone the copying of digitally delivered content, or any other infringing activity. Any unauthorized use of the HANCO Inc. services or its contents will terminate the limited license granted by us.

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

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Copyright Infringement

It is the policy of HANCO Inc. to respect the intellectual property rights of others. HANCO Inc. does not promote, foster or condone the copying of trademarks, registered name or marks or any other infringing activity.

If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on any HANCO Inc. website, or know of someone who is making unauthorized use of the content of the Hanco, Inc. please notify us at the address specified below of your concern by submitting a signed written notice and containing the following: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work claimed to have been infringed; Identification of the material on a Hanco website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to: HANCO Inc., 556 S Fair Oaks, #101, Pasadena CA 91105

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. HANCO Inc. shall have the right to terminate the account of any subscriber who posts infringing material.

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Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Client and HANCO Inc. Search agree that the United States District Court for the Southern District of California and/or the California Superior Court for the County of Los Angeles shall have exclusive jurisdiction over any dispute between Client and HANCO Inc. relating in any way to the mobile marketing programs and service or websites or these Terms of Use. You and HANCO Inc. expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Available on Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Carolina West Wireless, Boost, Cellcom, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cricket Communications, Immix Wireless, Nextel, Revol Wireless, Sprint, T-Mobile, Unicel, VerizonWireless, Virgin Mobile and West Central Wireless. No charge for subscribing. Standard carrier SMS rates and other charges may apply. Text messaging is not supported on some handsets. For help, text HELP to 37398. To opt-out via your mobile phone, text STOP to 37398. T&Cs at www.frextr.com/home/tcs. Mobile numbers are never shared or sold.