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PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS

AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH JOZZYWEBSMS

OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT")

FOR USE OF THE JOZZYWEBSMS (henceforth referred to in this

document as “JOZZYWEBSMS” SMS SERVICE (THE "SMS SERVICE").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS

AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS

PUBLISHED ON THE JOZZYWEBSMS SITE .IF YOU DO NOT WISH TO BE BOUND BY

THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

JOZZYWEBSMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH

MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE

MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT

PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED

ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE

ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. THE SERVICE

JOZZYWEBSMS provides the SMS Service with the capability to send SMS to

mobile phones via the World Wide Web on the JOZZYWEBSMS System.

JOZZYWEBSMS may terminate, change, suspend or discontinue the SMS

Service, including the availability of any features of the Site, at

any time. JOZZYWEBSMS may from time to time provide additional services

subject to charges according to the sole discretion of JOZZYWEBSMS.

2. MEMBER ACCOUNT

(A) Accounts are not available to minors or any person who cannot

legally agree to the terms of this SMS Agreement. By accepting these

terms, you confirm that you are capable of entering into a binding

agreement. You must accurately complete any subscriber information

requested by JOZZYWEBSMS. The SMS Service is intended to appeal to a

broad audience, and therefore it is the responsibility of the parent

or guardian to determine whether any of the JOZZYWEBSMS Services are

appropriate for your child.

(B) To open an account for usage of the SMS Service, the User must

provide true and accurate information as prompted by the Registration

Form and shall promptly update such information to keep it true and

accurate. The User shall signup with his/her name, physical address,

email address, phone number and a username and the password will be

sent to the user’s phone number and notification to user’s email

address. The User is entirely responsible for the privacy,

confidentiality and storage of password. All website activities that

can be traced to the username and password of the User are deemed as

having performed by User. JOZZYWEBSMS does not assume any liability for

content of messages sent and is exempt from any claim that may arise

from third parties as a result of message sent. You are fully

responsible for any charges and liabilities incurred through the use

of the SMS Service or Your Account and for any activities conducted

through Your Account. In addition, JOZZYWEBSMS may temporarily

DEACTIVATE your Account if You report unauthorized use or if usage of

the Account dramatically exceeds normal usage patterns within a short

time period. The User agrees to notify JOZZYWEBSMS immediately of any

unauthorized use of the account at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

3. BILLING AND PAYMENT

You agree to pay all charges that may be required for use of the SMS

Service. All charges will be exclusive of value added tax ("VAT"),

sales or other taxes, except as required by law. JOZZYWEBSMS reserves

the right to modify its prices, charges or fees, provided that any

changes shall be posted on the Site. You are therefore responsible for

reviewing regularly the Site for information regarding fees and

charges as well as changes to pricing. Continued use of or

non-termination of the SMS service shall be deemed to be acceptance of

any posted changes in the prices for your use of the SMS Service.

(A) Fees: User shall pay to JOZZYWEBSMS a subscription fee according to

the Plan chosen. The SMS account balance is non-refundable and does

not bear interest. All purchases are considered final. Accounts on

JOZZYWEBSMS do not expire; user can login to SMS service anytime to use

service. JOZZYWEBSMS may from time to time offer limited similar

promotions during which no credits or lesser credits shall apply. The

terms and conditions shall remain in full force and effect. JOZZYWEBSMS

reserves the right to change prices or institute new charges for

access to or use of the SMS Service. Continued use of the SMS Service

or non-termination of User's Account after changes are posted

constitutes User's acceptance of the prices as modified by the posted

changes

(B) Non- JOZZYWEBSMS Fees: Your wireless service provider or pager

company may charge you

(i) a fee for the ability to receive text messages, or a per message

fee for the delivery (or attempted delivery) of text messages to your

cellular phone or pager,

(ii) airtime or other connection fees in connection with your

downloading of information or messages from or uploading of

information or messages to the SMS Service, and/or

(iii) roaming fees if delivery of a text message occurs outside of

certain geographical areas. You are responsible for paying all such

fees, and for any other hardware, service or other costs You incur to

access Your Account, plus any applicable taxes. Users will be charged

separately for use of the SMS Services in accordance with this

Agreement and the terms set forth on the Site.

(C) Payment: Recharge fees are prepaid and are payable through credit

cards, debit cards and Bank deposit. JOZZYWEBSMS reserves the right to

suspend or terminate your use of the SMS Service without notice upon

rejection of any credit card charges, debit card charges or if your

card issuer (or its agent or affiliate) seeks return of payments

previously made to JOZZYWEBSMS and as to which JOZZYWEBSMS believes such

payments were proper. In addition, JOZZYWEBSMS has the right to seek any

fees, damages, expenses or the like arising from your failure to pay

BBN for use of the SMS Service, including, but not limited to, fees

charged to JOZZYWEBSMS by any credit card issuer or its agent as a

penalty for reversing any payment (i.e., a charge back fee) as well as

collection fees and expenses, court costs, and attorney's fees.

You must promptly notify JOZZYWEBSMS in the event of any changes to your

account or billing information or in the event your charge card or

debit card is canceled for any reason.

PLEASE BE ADVISED:

(a) You expressly agree that all charges for payment of the SMS

Service are final and non-refundable. You are responsible for all

charges resulting from your use of the SMS Service. Once you sign up

for the SMS and provide a form of payment, JOZZYWEBSMS will not provide

you a refund for any charge made on your credit card, debit card or

any payments.

(b) If you believe that you have been improperly charged for any

Service, you must notify JOZZYWEBSMS within 3 days of any invoice or

credit card statement, provide JOZZYWEBSMS any information necessary to

review the claim, and JOZZYWEBSMS will attempt to resolve the claim in a

timely manner.

CONVEYSMS DOES NOT CONDONE FRAUD: In the event of any unauthorized use

of your account or unauthorized credit card charges or debit card

charges, you must notify JOZZYWEBSMS, and you will be responsible for

such unauthorized use or charges until you notify JOZZYWEBSMS. You must

also adopt any steps necessary to prevent any further unauthorized use

of your account or unauthorized charges.

JOZZYWEBSMS shall have the right to terminate your account immediately,

and you shall have no right to a refund of any service fees or

charges, in the event you in any manner violate these Terms and

Conditions or the Privacy Policy or any other applicable JOZZYWEBSMS

policy, rule or conditions of use. While you may choose to terminate

your account voluntarily at any time, you will not have a right to any

refund of any service fees or charges.

4. USE OF ACCOUNT

(A) You and other users of Your Account must comply with all

applicable laws and regulations in using the SMS Service. You may not

use the SMS Service for any of the following purposes or in any of the

following manners:

(i) to impersonate or harass any other person;

(ii) to send any information that is or the disclosure of which would

libelous, abusive, threatening, false, fraudulent, misleading, or

obscene; that misappropriates or infringes any person's proprietary

right (including posting any links or URLs that you do not have the

right to post or disclose);

(iii) that violates any person's rights of privacy or publicity,

(iv) to send messages that contain any sexual, racist or

discriminatory content constituting harassment of any individual or

organization,

(v) that constitutes or that violates any law, statute, ordinance or

regulation (including applicable export control, consumer protection,

unfair competition, anti-discrimination or false advertising laws, and

without limiting the foregoing you specifically agree to comply with

all applicable laws regarding the transmission of the technical data

exported from Nigeria or the country in which you reside;

(vi) to intercept any communications not intended for you;

(vii) to release, post, distribute or execute any viruses or other

harmful computer code; or

(viii) to upload, post, email, or otherwise transmit any content that

infringes any patent, trademark, trade secret, copyright, or other

proprietary rights of any party or

(ix) to engage in "spamming," transmission of "junk mail" or "chain

letters" or unsolicited mass distribution of e-mail or any similar

conduct.

(B) JOZZYWEBSMS does not control the data, information or other postings

provided by other users that are made available through the SMS

Service. You may find other users' information to be offensive,

harmful, inaccurate, or deceptive or to otherwise violate this

Agreement. Please use caution and common sense when using the SMS

Service or relying on any data, information or other postings provided

through the SMS Service.

(C) At our option and without further notice, we may use anti-spam

technologies, such as automatic word and spam filters, that may

terminate messages You send without delivering them or prevent

messages from reaching You. User may not use the SMS Service in a way

that imposes an unreasonable or disproportionately large load (as

determined by us in light of the purposes for which you are using the

SMS Service and the load imposed by other users generally) on our

infrastructure or that otherwise would harm or breach our arrangements

with any of our service providers.

(D) You acknowledge that JOZZYWEBSMS may establish general practices and

limits concerning use of the SMS Service, including without limitation

the maximum number of days that messages or other uploaded content

will be retained by the SMS Service, the maximum number of messages

that may be sent from or received by an account on the SMS Service,

the maximum size of any message that may be sent from or received by

an account on the SMS Service, the maximum disk space that will be

allotted on the SMS servers on Your behalf, and the maximum number of

times (and the maximum duration for which) You may access the SMS

Service in a given period of time. You agree that JOZZYWEBSMS has no

responsibility or liability for the deletion or failure to store any

messages and other communications or other content maintained or

transmitted by the SMS Service. You acknowledge that JOZZYWEBSMS

reserves the right to log off accounts that are inactive for an

extended period of time. You further acknowledge that JOZZYWEBSMS

reserves the right to change these general practices and limits at any

time, in its sole discretion, with or without notice.

(E) After a successful registration, you may receive advertisements,

promotions or similar messages on your mobile phone, personal computer

or other similar device from JOZZYWEBSMS. A free SMS user may opt out

from receiving similar marketing promotions, however,

JOZZYWEBSMS reserves the right to terminate Your use of the SMS service.

To discontinue receiving from such promotional service, email us at

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(F) User agrees that JOZZYWEBSMS may terminate User's Account and use of

the SMS Service (and other JOZZYWEBSMS services) if JOZZYWEBSMS believes

User has in any manner

(i) violated the terms and conditions of this Section 4,

(ii) violated the SMS Service Terms and Conditions or the Terms and

Conditions of the Site or any other service offered by JOZZYWEBSMS,

(iii) violated this Agreement,

(iv) provided JOZZYWEBSMS false, inaccurate or incomplete not current

information, or

(v) violates any applicable law, regulation or rule of any state or country.

5. PRIVACY

JOZZYWEBSMS recognizes that our users have legitimate concerns about

privacy. By accepting this Agreement, you expressly consent to uses

and disclosures of your personal information as enumerated in

JOZZYWEBSMS then-current privacy policies, which are incorporated herein

by reference. Our current privacy policy is available at JOZZYWEBSMS

Privacy Policy. User will own any personal user information or other

registration information that User has given us as part of the

registration process (your "Registration Information"). With respect

to User's Registration Information, User agrees to grant JOZZYWEBSMS a

non-exclusive, worldwide, perpetual, irrevocable, royalty-free,

sublicensable (through multiple tiers) right to exercise the copyright

and publicity rights you have in your Registration Information and any

information You provide to JOZZYWEBSMS or other users within the

publicly accessible areas of the SMS Service or the Site, in any media

now known or not currently known. JOZZYWEBSMS will only use your

Registration Information in accordance with our Privacy Policy.

6. CONTENT

You understand that JOZZYWEBSMS has no editorial control over any third

party content and that JOZZYWEBSMS does not guarantee the accuracy or

completeness of any third party content. You agree that JOZZYWEBSMS will

have no liability to You, or anyone else who uses Your Account, with

regard to any third party content. Under no circumstances will

JOZZYWEBSMS be liable in any way for any Content, including but not

limited to, any errors or omissions in any Content, or for any loss or

damage of any kind incurred as a result of the use of any Content

posted, emailed, or otherwise transmitted via the Service. You also

understand that the third party content is the proprietary material of

JOZZYWEBSMS and/or the third party that supplies it, is protected by

copyright and other applicable laws, and may not be reproduced,

published, broadcasted, rewritten, or redistributed without the

written permission of the third party that supplied it, except to the

extent allowed under the "fair use" provisions of the Nigerian

copyright laws or comparable provisions of foreign laws.

7. MODIFICATION TO THE SERVICE

(A) User acknowledges that JOZZYWEBSMS is dependent on various

telecommunications networks and institutions for the delivery of its

messages and that JOZZYWEBSMS may adjust its prices and offering, should

the prices be adjusted due to reasons that are not in JOZZYWEBSMS

control. User will be notified of any such changes through publication

on the Site or through sms describing the change.

(B) You understand that JOZZYWEBSMS may, in its discretion, from time to

time change, add, or remove certain features of the SMS Service or

change the terms of this Agreement by informing you through

publication on the JOZZYWEBSMS website or through an email describing

the changes. If you are dissatisfied with any such changes to the SMS

Service or this Agreement, you may immediately cancel your Account as

provided in Section 11 of this Agreement. In addition, JOZZYWEBSMS

reserves the right to discontinue the SMS Service altogether for all

users at any time in its discretion.

8. DISCLAIMERS AND WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN "AS

IS" AND "AS AVAILABLE" BASIS. JOZZYWEBSMS AND ITS SUPPLIERS MAKE NO

WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF

THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR

ERROR-FREE; NOR DO JOZZYWEBSMS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO

THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE

ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED

THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY

DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. SIMPLY PUT, JOZZYWEBSMS

MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS

MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT'S

MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS

MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER

DOES NOT SUPPORT SMS DELIVERY AT ALL. JOZZYWEBSMS AND ITS SUPPLIERS

DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR

STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY

OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA

OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND

RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED

USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR

COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE

EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS

SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY

BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.

9. LIMITATIONS ON LIABILITY

(A) JOZZYWEBSMS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT,

INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF

ANY NATURE, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS

OF PROFITS, BUSINESS INTERRUPTION LOSS OF DATA, INJURY TO GOODWILL,

USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOZZYWEBSMS HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE

SMS SERVICE BY YOU, OR ANYONE USING YOUR ACCOUNT, INCLUDING, BUT NOT

LIMITED TO:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMS SERVICE OR

THE SITE; OR

(iv) ANY DAMAGES OR LOSS OF ANY NATURE ARISING FROM OR RELATING TO

YOUR USE OF THE SMS SERVICE OR USE OF THE SMS SERVICE THROUGH YOUR

ACCOUNT BY ANYONE ELSE.

(B) JOZZYWEBSMS SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE

FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE

CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE

SMS SERVICE GENERALLY, THE SITE, ANY OTHER JOZZYWEBSMS SERVICE AND ANY

ASPECT ANCILLARY THERETO;

(C) JOZZYWEBSMS SHALL IN NO EVENT BE RESPONSIBLE FOR THE SECURITY OF THE

DATA TRANSMISSIONS BETWEEN JOZZYWEBSMS AND THE USER, INCLUDING BUT NOT

LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT

CARD NUMBERS. JOZZYWEBSMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY

KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA

TRANSMISSION BETWEEN CONVEYSMS AND THE USER.

(D) JOZZYWEBSMS TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES

THE SMS SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY

THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE

AMOUNT YOU PAID TO JOZZYWEBSMS IN THE PRECEDING TWELVE MONTHS. SOME

STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF

LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS

SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING JOZZYWEBSMS

LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.

10. RELEASE AND INDEMNIFICATION

(A) In the event that you have a dispute with one or more users, you

release JOZZYWEBSMS (and our officers, directors, agents, subsidiaries

and employees) from claims, demands and damages (actual and

consequential) of every kind and nature, known and unknown, suspected

and unsuspected, disclosed and undisclosed, arising out of or in any

way connected with such disputes and you waive any rights under any

state or local law limiting the extent of such release.

(B) User agrees to defend, indemnify and hold harmless JOZZYWEBSMS and

its subsidiaries, affiliates, officers, directors, agents, attorneys

and employees from and against any claim or demand, including

reasonable attorneys' fees, made by any third party due to or arising

out of User's breach of this Agreement, User violation of any law or

the rights of a third party, the content User submits, posts or

transmits through the SMS Service, or Your use of the SMS Service.

11. TERMINATION OF ACCOUNT

You may terminate Your Account, at any time and for any reason or no

reason, by contacting JOZZYWEBSMS customer service at

This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Notifying JOZZYWEBSMS in any other way of your

desire to terminate your Account may result in delays in processing

your request. JOZZYWEBSMS, in its sole discretion, may immediately

terminate or suspend Your password, account (or any part thereof) or

use of the SMS Service, for any reason, including, without limitation,

for lack of use or if JOZZYWEBSMS believes that You have violated, acted

inconsistently with this Agreement or if the charges to Your credit

card or debit card for the fees are refused for any reason. JOZZYWEBSMS

reserves the right to terminate Your Account and this Agreement for

any other reason if JOZZYWEBSMS gives You at least ten (10) days advance

notice. Upon any such termination of Your Account, You will remain

obligated to pay all outstanding fees and charges relating to Your use

of the SMS Service before termination. You agree that any termination

of Your access to the Service under any provision of this Agreement

may be effected without prior notice, and acknowledge and agree that

JOZZYWEBSMS may immediately deactivate or delete Your account and all

related information and files in Your account and/or bar any further

access to such files or the Service. Further, you agree that JOZZYWEBSMS

shall not be liable to You or any third-party for any termination of

Your Account..

12. LINKS

The SMS Service may provide, or third parties may provide, links to

other World Wide Web sites or resources. User agrees that JOZZYWEBSMS is

not responsible for the availability of such external sites or

resources, and does not endorse and is not responsible or liable for

any content, advertising, products, or other materials on or available

from such sites or resources. You further acknowledge and agree that

JOZZYWEBSMS shall not be responsible or liable, directly or indirectly,

for any damage or loss caused or alleged to be caused by or in

connection with use of or reliance on any such content, goods or

services available on or through any such site or resource.

13. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the SMS Service contains proprietary

and confidential information that is protected by applicable

intellectual property and other laws. You further acknowledge and

agree that as a result of use of the SMS Service, you may have access

to or receive information or content protected by copyrights,

trademarks, service marks, patents or other proprietary rights and

laws ("intellectual property rights"). Except as expressly authorized,

You agree not to violate the intellectual property rights of JOZZYWEBSMS

or any third party.

14. GOVERNING LAW; ARBITRATION

The laws of the Federal Republic of Nigeria, excluding its

conflicts-of-law rules, shall govern all matters relating to this

Agreement and use of the SMS Services. The United Nations Convention

on contracts for the international sale of goods is expressly

disclaimed. Any controversy or dispute arising out of this Agreement,

the interpretation of any provision hereof, or the action or inaction

of any party hereto shall be submitted to arbitration in Nigeria, in

accordance with the International Arbitration Rules of the American

Arbitration Association (the "AAA International Rules") then in

effect, conducted by one arbitrator either mutually agreed upon by the

parties to this Agreement or chosen in accordance with the AAA

International Rules. Each party shall have no longer than three (3)

days to present its position. Either party may apply to the arbitrator

seeking injunctive relief until the arbitration award is rendered or

the controversy is resolved. Either party also may, without waiving

any remedy under this Agreement, seek any interim or provisional

relief that is necessary to protect the rights or property of that

party pending the establishment of the arbitral tribunal (or pending

the arbitral tribunal's determination of the merits of the

controversy) and for the purposes of seeking such interim relief User

shall consent to the exclusive jurisdiction of the courts of Nigeria.

The successful party to the arbitration or any litigation relating to

this Agreement or the SMS Services shall be entitled to an award for

reasonable costs and attorney's fees, as determined by the

arbitrators. Any award or decision obtained from any such arbitration

proceeding shall be final and binding on the parties, and judgment

upon any award thus obtained may be entered in any court having

jurisdiction thereof. The parties agree that the arbitrator shall have

the power to award damages and injunctive relief.

15. MISCELLANEOUS

If any provision of this Agreement is invalid or unenforceable under

applicable law, such provision will be deemed modified to the extent

necessary to render such provision valid and enforceable and the other

provisions of this Agreement will remain in full force and effect.

This document and the pages referred to herein represent the entire

agreement governing use of the SMS Service and supersede any prior or

contemporaneous written or oral statements by JOZZYWEBSMS or its

representatives or resellers. The failure of JOZZYWEBSMS to exercise or

enforce any right or provision of this Agreement shall not constitute

a waiver of such right or provision. The section titles in this

Agreement are for convenience only and have no legal or contractual

effect. This Agreement may not be amended except as provided in

Section 7.

JOZZYWEBSMS may assign this Agreement in accordance with the sale of all

or substantially all of its stock or membership interest or all or

substantially all of its assets to a third party.

I. JOZZYWEBSMS Privacy Notice and Choices:

As set forth in the Conditions of Use, JOZZYWEBSMS provides:

(a) computing and information services and

(b) telecommunications services (including the JOZZYWEBSMS Gateway)

(collectively the "Services" or the " JOZZYWEBSMS Services") to persons

who join CONVEYSMS ("Members" or "Users" or "you"). As part of the

registration process for the Services, you are asked to provide

certain personal information and (if applicable) credit card or other

billing information. The policy of JOZZYWEBSMS is to protect the privacy

of JOZZYWEBSMS Members who are using any of the JOZZYWEBSMS Services.

Please be aware, however, that as a condition of membership and use of

the JOZZYWEBSMS Services, JOZZYWEBSMS requires Members to select areas of

interest and thereby agree to receive marketing materials from

JOZZYWEBSMS or third parties related to those interests. Members may

choose at any time to opt-out of mailings on their profile, including

during registration and when they receive any third-party mailings

from JOZZYWEBSMS; however, JOZZYWEBSMS reserves the right to cancel the

membership of Users in the event such a Member chooses to completely

opt-out of all mailings.

Please recognize that it is the policy of JOZZYWEBSMS to protect the

privacy of its Members, and thus JOZZYWEBSMS will only allow third

parties to have access to information concerning Users ("User

Information") in the following situations:

(i) JOZZYWEBSMS will provide access to certain User Information to

third-party suppliers in order for them to perform certain functions

for us as necessitated by the Member's use of any of the Services --

for example, credit card numbers are sent to a credit card processing

company for billing. These suppliers are not authorized to release

this information to other third parties.

(ii) JOZZYWEBSMS will disclose User Information in cases where, in its

discretion, it deems such disclosure required or appropriate in order

to comply with applicable laws and regulations.

(iii) JOZZYWEBSMS is a commerce and advertising supported business and

the availability of the Services depends substantially on its

perceived value among marketers that pay for advertisements and retail

opportunities through JOZZYWEBSMS. Marketers seek to direct

advertisements and shopping opportunities to Members who have

expressed interest in a category relevant to the offer. Accordingly,

JOZZYWEBSMS may provide User Information (name and email address, but

never your credit/debit card information or other payment information)

to third parties for purposes of providing you information about third

party products, promotions and services that are likely to be of

interest to Members. If at any time you decide you do not wish to

receive such third-party product information, you may opt-out of

future mailings by sending an email to JOZZYWEBSMS at

This e-mail address is being protected from spambots. You need JavaScript enabled to view it and JOZZYWEBSMS will honor such a request without

question. JOZZYWEBSMS reserves the right to cancel User's membership in

the event a User chooses to completely opt-out of all mailings.

(iv) JOZZYWEBSMS will disclose User Information if the User gives

permission, requests products that require identifying information for

fulfillment, or we are required to do so by law or regulatory

authority.

(v) Notwithstanding anything else contained in this Privacy Policy,

JOZZYWEBSMS reserves the right to sell or otherwise transfer your User

Information to one or more third parties in connection with a sale of

all or substantially all of the assets of JOZZYWEBSMS or in connection

with the sale of all or substantially all of the stock or ownership

interests in JOZZYWEBSMS.

JOZZYWEBSMS may send Users periodic emails containing information about

JOZZYWEBSMS, administrative notices about a User's account (such as

notices about pending activities), updates on new Service features,

usage tips relating to the Services, information about JOZZYWEBSMS or

third party products and services that are likely to be of interest to

you, and user satisfaction questions. JOZZYWEBSMS may also access user

information for the following administrative purposes:

(a) to examine system accounting logs and other company records to

resolve email and other system errors or problems and

(b) for billing purposes.

II. Credit Card Information:

If any person uses a credit or debit card to pay for any of the

Services offered by JOZZYWEBSMS requiring payment of a fee or fees,

JOZZYWEBSMS will continue to charge your account until you provide

JOZZYWEBSMS notice of termination of use of the service (in accordance

with the Conditions of Use) and all usage fees have been paid.

Notwithstanding termination by a Member of the Premium User Services,

JOZZYWEBSMS will not refund any portion of the service fee. If you give

us credit or debit card information for any other purpose or to pay

for any other type of purchase, it will be used one time only to

fulfill one order, and JOZZYWEBSMS will not store your credit card

information. Each User is responsible for all charges resulting from

use of the Services, including unauthorized use prior to your

notifying JOZZYWEBSMS of such use and taking steps to prevent its

further occurrence. Further, each User agrees to be financially

responsible for use of the 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.

III. Children May Not Use the Services Without Parental Permission:

JOZZYWEBSMS adheres to the requirements of the Children's Online Privacy

Protection Act of 1998 ("COPPA"). As such, children under the age of

thirteen may not use the JOZZYWEBSMS SMS Service (or other Services

requiring payment of a fee) and must always ask parents or a legal

guardian for permission, and provide verifiable consent of a parent or

legal guardian, before becoming a member of JOZZYWEBSMS and before

sending any personal information to JOZZYWEBSMS, or anywhere on the

Internet. All other children should always ask parents or a legal

guardian for permission before sending any personal information to

JOZZYWEBSMS, or anywhere on the Internet. Parents are encouraged to

spend time online with their children to become familiar with the

types of content available through JOZZYWEBSMS and over the Internet in

general and to regularly oversee their children's use of email and

other online facilities. Children should check with their parents

before supplying any information about themselves or their likes and

dislikes, before they sign up for JOZZYWEBSMS. Moreover, as it is a

condition of membership in JOZZYWEBSMS that Users provide certain

information concerning the User's interests and agree to receive

marketing materials from JOZZYWEBSMS or third parties related to those

interests, parents or a guardian of a child should contact us by

sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it if they would like a child's

membership terminated and this information deleted from our records.

If JOZZYWEBSMS determines that information has been provided by any

child without permission of a parent or legal guardian, JOZZYWEBSMS will

immediately terminate the account and delete the information from our

records.

IV. JOZZYWEBSMS Information Practice, Access and Security:

A. Please be aware that use of the JOZZYWEBSMS Services is subject to

the Conditions of Use (as applicable to the JOZZYWEBSMS Site and each of

the Services) as well as this Privacy Policy.

B. JOZZYWEBSMS will limit the information we collect about Members to

what is needed to accurately provide the Services or products

requested by Members. JOZZYWEBSMS will only use or release User

Information in accordance with this Privacy Policy (as set forth in

Section I above).

C. We use third-party advertising companies to serve some ads when you

visit our Site. Third-party advertising companies also separately

place or recognize a cookie file on your browser in the course of

delivering advertisements to this Site. These companies may use

information (not including your name, address email address or

telephone number) about your visits to the JOZZYWEBSMS Site and other

Web sites in order to provide advertisements about goods and services

of interest to you. If you would like more information about this

practice and to know your choices about not having this information

used by these companies contact us by sending an email to

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

D. JOZZYWEBSMS will be aggressive in terminating accounts of users who

violate JOZZYWEBSMS 's Conditions of Use. If we must deny a consumer's

application for service or terminate a consumer's relationship with

us, in cases other than fraud or violations of any law, rule or

regulation, we will provide upon request the reasons, nature,

substance, and information JOZZYWEBSMS used in the decision.

E. JOZZYWEBSMS provides you access to your Profile information for the

purpose of reviewing and/or updating such information. In order to

view or make any changes to your Profile, go to the JOZZYWEBSMS home

page, log into your JOZZYWEBSMS address and click on JOZZYWEBSMS “View

Account” link to access or update your directory information.

F. JOZZYWEBSMS is concerned about protecting User Information (including

any credit card information) and therefore we work to protect this

information by utilizing all appropriate technology to prevent

unauthorized access to the information you provide JOZZYWEBSMS. To

prevent unauthorized access, maintain data accuracy, and ensure the

appropriate use of information, we have put in place appropriate

physical, electronic, and managerial procedures to protect the

information we collect online, including SSL security for credit card

submissions.

V. JOZZYWEBSMS Employee Standards

A. Only those employees needed to carry out the business functions may

have access to information on individual JOZZYWEBSMS customers. We

employ security techniques to safeguard User Information.

B. Each employee has a personal responsibility for maintaining Member

confidence in JOZZYWEBSMS. We train each employee on the JOZZYWEBSMS

Privacy Principles, and those violating these principles will be

subject to disciplinary action, including dismissal in appropriate

cases. JOZZYWEBSMS will employ rigorous technology and employee

practices to ensure the highest possible standards of accuracy,

completeness and timeliness.

VI. Conditions of Use and Revisions

A. Please be aware that use of the JOZZYWEBSMS Services is subject to

the Conditions of Use and this Privacy Policy.s

B. Since offerings and technologies change, we reserve the right to

change, modify, add or remove portions of our Privacy Policy or

Conditions of Use at any time without prior notice. Please

periodically review our Privacy Policy and the Conditions of Use for

changes. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE JOZZYWEBSMS

WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE

DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE

SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION

REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU. If at any time you

are uncomfortable with any change, amendment or modification to the

Privacy Policy or Conditions of Use and wish to cancel your

membership, please notify JOZZYWEBSMS at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and type

the word "remove" in the subject line.

C. The internet community is a rapidly changing environment and

therefore JOZZYWEBSMS may sell or liquidate its assets or its business

or may purchase the assets or business of other companies ("business

transfers"). In such transactions, user information generally is one

of the transferred business assets and therefore JOZZYWEBSMS Members

should be aware that such business transfers may occur.

D. SMS's may only be sent to countries and networks under our

coverage. Presently we only cover mobile networks available in Nigeria

and some foreign countries.

E. JOZZYWEBSMS reserves the right to use phone numbers in users' address

books only (not names) for SMS marketing. These numbers can also be

shared with 3rd parties for the same purpose.



Thanks for your patronage. Your satisfaction is our humble desire.  Feel free to contact us if you have any inquiry.


Jozzy Computer
Obehie Asa Ukwa West Abia State
08038180791, 0098095909476 & 0098053264463

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