Skymark SMS License Agreement

1. Acceptance By clicking the "I accept the license agreement" (or similar) button when signing up for a Skymark SMS account, you accept and agree to these terms and conditions for your use of Skymark SMS.  If you are accepting this agreement on behalf of a company or other legal entity, the terms "you" or "your" in this agreement shall refer to such entity.

2. Service  This agreement is for access to Skymark SMS (the "application"), an online application licensed by Skymark Technologies Inc. ("Skymark").  The application is available via the internet using any standard browser software.  There is a free 30-day trial version of the application available, so it can be evaluated if it fulfills your needs before signing up for a paid account.

3. License Skymark grants you a limited, revocable, non-exclusive, non-transferable, worldwide license to access and use the application for your use.  You may not download, resell, copy, decompile or otherwise use the application.  All copyrights for the application, images, logos, URL's, and the name "Skymark SMS" belong to Skymark.

4. Privacy Skymark respects privacy and will not disclose any of your information to any third-party without prior consent. This includes reports entered into the application, as well as private business information (e-mail addresses, names, address, etc).  Skymark has the right to access any of your account information, at any time, for product support or testing.  Credit Card information will be retained by a PCI complient service provider for billing purposes only.  When opening a full, paying account, you agree that Skymark can disclose that you are a paying customer.

5. Fees and payment  Skymark has the right to set monthly fees and to modify them as needed.  Skymark will notify you of these changes with at least 30 days notice.  Notice will be sent by e-mail, to the "billing e-mail address" entered in the admin configuration in the application.  Your continued use of the system, after such notice shall constitute your acceptance of the changes.  All special pricing terms are confidential and you agree not to disclose them to any third party.
You agree to provide Skymark with complete billing and contact information including a current legal name, address, e-mail, contact name, and credit card (VISA or MasterCard).  Such information will be kept on file for automatic billing.  If any of your information changes you will provide the updated information via the Admin Billing section of the application.
You agree to pay the monthly system fee, on-time, in advance for the following month.  Billing is done automatically by credit card and occurs prior to the end of the current month.  If fees are not received, in full, prior to the start of the next month, your account will be suspended until full payment is received.

6. Termination Skymark has the right to terminate this agreement at any time, for any reason, or no reason, without obligation to refund any prepaid fees.  You may terminate your account by sending a termination request, via e-mail, to Skymark prior to the 15th of the month for which you wish to cancel.  Upon your request to cancel your account, your account information will no longer be available at the start of the next month.  Skymark has no obligation to retain any information after the termination of your account.

7. System Access As the application is an internet based application, usage of it is dependent on an internet sqlConnection. Access to the system may be delayed or affected by inherent use of the internet, which are beyond the control of Skymark.  Skymark is not responsible for and shall not be liable for any delays, delivery failures, limited access or other loss or damage resulting from such problems.

8. Modifications Skymark has the right to update and change the application, as it sees fit.  Updates will be done at such a time that impact on usage is minimized. Skymark has the right to make available to other customers, any customizations that may have been done exclusively for you.  This includes any customizations that require a customization fee to be paid.
Skymark reserves the right to update, or modify this agreement, at any time, effective upon posting of the new agreement.  Skymark will notify you when a new agreement has been posted.  Continued use of the application after such changes shall constitute your acceptance of such changes.