User Agreement
updated 23 May, 2010

1. DEFINITIONS
a. "The Company" - Txtmonster Limited trading as "842"
b. "Customer" - any person or company who engages in any transaction with the Company
c. "Product(s) and/or Service(s)" - Any product and/or service(s) provided by the Company
d. "Account" - a Customer's account for the Services (including a Customer's personal information, log-in details, and password)
e. "User(s)" - Any person or persons who send an SMS text message to the short code "842"
f. "User Content" - any message and/or materials including text, graphics, digital images, PDF files, spreadsheets, presentations etc.
g. "Keyword(s)" - A Keyword/phrase
h. "Website" - www.842.co.nz and any content contained therein

USER AGREEMENT
This User Agreement details the terms and conditions Customers must abide by when using the 842 Services. These terms and conditions may be amended in whole or in part by from time to time. Amendments will be effective 30 days after the amended terms and conditions are posted on the Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. If, at any time, you do not accept these terms and conditions you must stop using the Services and the Website

2. CONTACTING THE USER
a. When a User of this service texts a Keyword to receive further information (i.e. the "response") the Customer who created that Keyword is permitted to contact the User once. Any further contact with the User is permitted only upon mutual agreement between the User and the Customer.
b. No unsolicited or spam text messages to be sent to a User(s) of the Service. ie. By The Customer or an associated person(s) of The Customer to the User who sent the text message containing the Keyword to the number 842 (note: spam text messages are messages that result from the inclusion of the User(s) mobile phone number in a database of phone numbers which are then used to send a message to the User(s) from one originating source.)
c. The Customer and/or their associates will not engage in any continual unwanted (in the User's opinion) communication with a user of the 842 service after the User has indicated they do not wish to be contacted.

3. PRIVACY OF USER(S) INFORMATION
The Customer will not give, sell, swap, rent, trade, or in any way exchange the User's mobile phone number or any other User information to/with any other party.

4. PROMOTING 842 KEYWORD(S)
The Customer must clearly indicate on any material containing an 842 Keyword including but not limited to any material on and or in any signage, magazine, brochure, television, radio or any other publication or broadcast, the following information:
a. cost to the User for sending a text message (SMS) and receiving the single reply text to and from number 842. e.g. "each text message costs 20 cents"
b. Wording that clearly indicates that the Customer may contact the User regarding that text message e.g. "a salesperson may contact you directly"

5. NON COMPLIANCE TO ANY OF THE TERMS OF USE DESCRIBED HEREIN
In the event that the Customer does not comply with any or all of the terms of use and the terms and conditions of sale, the Company, at its sole discretion, may terminate the Service(s) being provided to the Customer with or without notice. In this event, no refunds will be made to the Customer and no claims shall be made by the Customer to the Company for any losses or damages of any kind.

6. LIABILITY FOR CLAIMS BY A THIRD PARTY
The Customer is directly liable to any claims made by any third party in relation to any complaint that has arisen due to the Customer not adhering to any of the terms of use described herein.

7. INDEMNIFICATION
You agree to release, indemnify and keep indemnified the Company and its subsidiaries, employees, officers, directors, contractors, agents, licensors and suppliers (together, "the Indemnified"), from and against all actions, claims, costs (including any and all legal costs and expenses), liabilities, losses, damages, proceedings, or demands suffered or incurred by the Indemnified arising out of or in connection with:
a. Your use or misuse of the Services or any person to whom Users have granted access to the Services;
b. Your failure to comply with these terms and conditions and/or
c. Any other activity related to your Account whatsoever (including, without limitation, negligent, wrongful or fraudulent conduct).

8. RIGHT TO TRANSMIT INFORMATION
To enable the Company to transmit information you upload or input into the System, so that the Company does not violate any rights you might have in that information (including any intellectual property rights), the Customer agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights you have in such information.

9. DELETING KEYWORDS
The Company reserves the right to delete any Keyword reserved by the Customer if:
a. the Keyword has not been sent to 842 during any 60 day period or
b. the Customer has not logged into their 842 account during any 60 day period or
c. the Customer cancels their 842 subscription or
d. the Keyword is deemed by the Company to be offensive, slanderous, libellous or misleading in any way or
e. the Keyword is deemed by the Company to breach New Zealand law in any way or
f. if the Company considers the Keyword to be associated with a product, brand or trademark that is owned by or associated with a person or entity other than the Customer.

10. THE COMPANY'S INTELLECTUAL PROPERTY
The Customer shall not:
a. disassemble, reverse engineer or decompile or in any other way interfere with the software relating to the Website or the 842 Services (the "Software");
b. copy or modify the Software;
c. create any new software partly or wholly based on the Software; or
d. transfer, assign or sub-licence your right to use the Software or attempt to do so.

All of the above terms and conditions shall survive termination or expiration of the agreement between the Company and the Customer.