Terms and Conditions

The services that Centris Information Services provides to you are subject to the following Terms of Use ("Terms"). Centris reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our Web pages.

If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You may also have a signed “Pricing Proposal” document which is expressly incorporated herein, and which in conjunction with the Terms and Conditions comprises the entire Agreement between Centris and your corporation. The “Pricing Proposal” may contain different or additional terms which supersede any terms in this document.

DESCRIPTION OF SERVICES.

Through its network of Web properties, Centris provides you with access to a variety of messaging services (the "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.


MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

You agree to notify Centris immediately of any unauthorized use of your account or any other breach of security. Centris will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Centris or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Centris server, or the network(s) connected to any Centris server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Centris server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Centris or any other trade name or trade mark of Centris without express, prior permission, and you will not obstruct the identification procedures used by Centris in the services.

You represent that the information submitted for transmission via the Centris network for Centris services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, data privacy, international communications, and export of technical or personal data.

USE OF SERVICES / CUSTOMER RESPONSIBILITIES

You are fully responsible for the contents of your transmissions through the Services. Centris simply acts as a passive conduit for you to send and receive information of your own choosing. However, Centris reserves the right to take any action with respect to the Services that Centris deems necessary or appropriate in its sole discretion if Centris believes you or your information may create liability for Centris, compromise or disrupt the Services for you or other Customers, or cause Centris to lose (in whole or in part) the services of Centris or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.

Centris has no control of the content of the information passing through the Services

Centris does not:

You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Centris promptly of any changes to this information as required to keep it current, complete and accurate.

Centris reserves the right at all times to disclose any information as Centris deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Centris Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services.

OWNERSHIP.

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Centris Service are wholly owned by Centris and/or its licensors and service providers except where expressly stated otherwise.


CHARGES.

You agree to pay all charges for your use of Centris Services at the prices then in effect for your country of residence. Centris reserves the right to change prices or institute new charges for access to or use of Centris services unless you have a signed “Pricing Proposal”. All changes will be posted by Centris at the Centris websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Centris Services or non-termination of your Centris account after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Centris reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies.

Charges for Services may include Activation, Monthly Subscription, and Usage Fees.

Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Centris).

Payment of your Centris account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for Centris use and transactions. If your Centris account is a qualified business account and is approved by Centris for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

If you subscribed for a Service pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Centris verification procedures, as may be established by Centris from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Centris reasonably could act on your notice.

Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your Centris account is by credit card and payment is not received by Centris from the card issuer or its agents, you agree to pay all amounts due upon demand by Centris. Each time you use Centris Services, or allow or cause Centris Services to be used, you agree and reaffirm that Centris is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Centris, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Centris may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Centris may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

You agree that Centris may submit charges for your usage fees and monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with Centris' verification procedures, as may be established by Centris from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Centris reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Centris' Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Centris in accordance with this Agreement.

Centris reserves the right to suspend or terminate your Centris account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Centris when Centris believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Centris.

Disclaimer of Warranties and Limitation of Liability.

Centris MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. Centris FURTHER EXPRESSLLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclaimer includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of Centris and its employees or by Customer's errors and omissions.

Centris its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the "Centris Entities") shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:

You agree to indemnify and hold Centris and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.

Termination

Centris reserves the right to suspend or terminate services if Centris, in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices

Centris shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Centris shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.

Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

Jurisdiction and Governing Law

You agree that these Terms shall be governed by and construed in accordance with the laws of the State of Texas, and you hereby consent and attorn to the jurisdiction of such state and agree that all disputes shall be tried in the State of Texas in Gregg County. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.