Welcome to ipipi.com - Place where Friends Text Friends - Globally

TEXT MESSAGING SERVICE
ipipi.com (ipipi, the Service) is provided by Upside Wireless Inc. located at 1211 Melville Street, Suite 1401, Vancouver BC, Canada, V6E 0A7

ACCEPTANCE
When you sign up with our Service, you automatically confirm that you accept all terms in this agreement. You can sign up with ipipi irrespective of where you live in the world and your age. Please observe however, that underage persons sometimes need consent from parents. You always act as a private person and only represent yourself.

DESCRIPTION OF SERVICE
ipipi supplies you with a set of services that allow you to send and receive text messages to and from almost any network in the world. This is NOT A FREE SERVICE. All SMS messages (one SMS = one credit, one SMS=160 characters ASCII or 70 characters UNICODE, incoming or outgoing) require one credit in order to be processed. When you create a new account we will credit it with a few free SMS credits so that you can evaluate our service. Please note that these free evaluation credits are available to most, but NOT all global networks.
As part of your account you also agree to receive 1-2 newsletters from our company each month. PAID users can opt-out from this program on the Personal Info screen of their accounts.

USAGE - IMPORTANT
We offer ipipi.com so that friends can connect and communicate with friends, globally. The service must not be used for unlawful, inappropriate or criminal purposes. You cannot use ipipi service in a way that disturbs other users or intrudes on other persons or on their property. You are responsible for ensuring that the information you provide using our services is legal and in accordance with normal morals and the general ethics which apply on the Internet. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. If you do any of the following described activities:

• our account will be deleted without warning of any kind

• Should your violations of our terms of use become a legal matter, your information will be shared with legal authorities in accordance with our Privacy Policy.

We believe that there is no harm in sharing information between friends. We assume that you will use our service in strict agreement with our usage policy and communicate with people in a friendly manner. We will therefore share all information available to us about you and your account, should we receive a complaint that your account was used in violation of our policy. By proceeding to use ipipi.com you explicitly agree with this statement. If you do not agree with this policy, you cannot use our service.

REGISTRATION
When you register, we may ask you to state your address, country of residence, language of choice and some additional data about you and or you personal interests. If you chose to register your name as part of your email address or elsewhere, you consequently agree to that your name and other information you have provided will be stored and processed in the ipipi database. 

FEATURES AND ACCOUNT POLICIES
When you have received your email address and your password, you can send a few test SMS messages to a limited number of networks (this limitation is removed for PREPAID users). You may use up to 1 MB of memory for your account. It is your responsibility to manage and periodically empty your mailbox.  If your account exceeds 1 MB our automated cleanup service will delete part of your messages starting with the oldest ones. Also, automated cleanup process deletes all messages of evaluation accounts older than 14 days.  All email messages (sent or received) are deleted automatically after 30 days (of sending or receiving). Your account may also be prevented from receiving new messages while its size exceeds the limit.  Should you want to exceed this limit and stop receiving promotional messages you can open a pre-paid account.  If you are interested in this option please review available information on SMS account types. If you choose to recommend your friends to ipipi, you will receive some credits when they sign up and some additional bonus credits when they become prepaid. If you refer friends from an evaluation account, these new credits will be additional test credits; you will be unable to send custom personalized messages until you become a paid user.

DELIVERY
The international SMS network is built on the "best effort" principle. This means that delivery of messages cannot be guaranteed. Over 5 years in business we have over 99% successful delivery rate where over 90% of messages are delivered within few minutes (often seconds). We cannot, however, guarantee delivery of messages and we do not refund credits for unsuccessful messages.

QUALITY OF DATA
The information that you state to us when you register must be updated, correct and complete. Please note that accounts with invalid information (for example e-mail account, name or country) may be deleted as our sole discretion, together with all associated information. It is your responsibility to make sure that your information is up-to-date.

SUBSCRIPTION ACCOUNTS
Subscription accounts enable account holders to send and receive SMS messages at preferential terms. The payment for a subscription is executed monthly on the day the subscriber first joined the program. Subscriptions can be cancelled under the following terms:

1. Subscription privileges stop at the time of cancellation
2. No refunds for subscriptions will be issued under any circumstances

INTEROPERABILITY
The ability to send and receive SMS messages is subject to subscriber contracts, roaming agreements and billing configuration. Due to the nature of the global SMS network the roaming and interoperability status, as well as our ability to deliver your messages to or from any network may change without notice.

SPAM
Upside Wireless Inc. will immediately terminate and delete your ipipi account if it believes that the account is being used for SPAM or unsolicited bulk messaging.  Upside is bound to deliver a valued service and will NOT TOLERATE SPAM (sending of unsolicited message) of SMS, MMS, EMS or email messages and/or ANY other kind of messages. You, or users of your sub accounts, are NOT permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using your ipipi.com account you MUST comply with the CAN-SPAM, anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7) or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. Upside's refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued.

Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be born by you. Upside Wireless Inc. (the operator of ipipi.com service) does not assume any responsibility for the content of the messages you send via its platform. We hereby underline your responsibility:

The client undertakes that it will not knowingly use the ipipi.com service for any illegal, immoral or improper purpose or in any manner which contravenes the law or regulatory requirements of the appropriate jurisdiction or knowingly in any way which is indecent or offensive or in any way that could be considered as Spamming, and undertakes not to allow any third party to do so. The client explicitly confirms that for each SMS-MT it sends to Mobile Subscribers via the ipipi.com service/platform, the client has the prior consent of the recipient of each message before the message is sent.

Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. Upside Wireless Inc. does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or download anything from the Internet or (c) for goods, services or transactions using your account.

REFUND POLICY
For our customers with pre-paid accounts we offer a "30-day-no-question-asked" refund policy. Please note that setup fees, expired or used SMS credits CANNOT be refunded. Also, credits purchased through any of the monthly subscription accounts are non-refundable. All refunds are issued through PayPal.

SMS CREDITS EXPIRATION

• For credit purchases of under 499 credits all SMS credits expire 90 days from your last purchase.
• For credit purchases of 500 or more credits all SMS credits expire 120 days from your last purchase.

If you purchase credits before the expiration date all remaining credits will roll-over and remain in your account.

USE OF THE REMEMBER ME OPTION
THIS IS GENERALLY NOT A SECURE PRACTICE and we suggest you use it ONLY on your personal computer and ONLY if you are THE ONLY person with access to your computer. UNDER NO CIRCUMSTANCES use this option if you are using a computer from an Internet Cafe, a Library or any other public place. Under NO circumstances will Upside be liable for any loss of credits arising from your use of this option.

EQUIPMENT
You must have access to the necessary equipment to use the Internet. You must have access to the Internet and you must pay all costs pertaining to such access.

SYSTEM MAINTENANCE
Upside Wireless Inc. maintains computer equipment and software to ensure the highest level of service. Our scheduled database backup and system upgrade is between 5 and 5:10 PM (GMT-8). It is possible that some or all functions will not be available at this time.

CONTACT WITH ADVERTISERS
Members that come into contact with advertisers through this service have the right to contact and communicate with the advertisers as they see fit. All such contacts takes place beyond the control of Upside Wireless Inc. and Upside Wireless Inc. cannot under any circumstances be held responsible for the offerings, terms and warranties provided by the advertisers. The responsibility rests entirely on the member and the advertisers.

PRIVACY
Your correspondence is your own private property. Upside Wireless Inc. takes no responsibility whatsoever for the content in the correspondence of its members. Nor does it take any responsibility whatsoever for activities that may take place as a consequence of communication via the ipipi site. ipipi will not change, destroy or forward the contents of your correspondence, unless entitled to do so by this agreement or forced to do so by law, regulation or any extraordinary circumstance. Please read more on our privacy policy here. ipipi may, however read the content's of your correspondence and act to ensure that the service is used in line with the requirements of this Terms of Service.

INTEGRITY
You are responsible for your account and your password. Upside Wireless Inc. will not be responsible nor liable for any loss you may have that results from an unauthorized access to your account. You should therefore protect your account name (username) and password to anyone else including Upside Wireless Inc. staff members. We strongly recommend that you change your password periodically and that you use non-trivial passwords that contain at least 8 characters including digits, special characters and letters in lower and upper case. You are not allowed to give others access to your account and you cannot send messages on other people's behalf. Such activities are in violation of this Terms of Service and will result in account suspension.

CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account or clean its content if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 30 days, if (c) you do not follow the terms stated in this agreement, (d) the use of your account contravenes the law or the conditions in this agreement, (e) there is reasonable suspicion that a crime has been committed, (f) if you do not maintain a valid e-mail address or (g) if there is a suspicion that you used your account to send SPAM. Upside Wireless Inc. may also limit some of the functionality available to you if you do not logon to your account for more than 15 days. Upside Wireless Inc. also retains the right to close the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or for any other reason.

WARRANTY, RESPONSIBILITY FOR FAULTS, ETC.
The services are provided on an -as is- basis with no warranty implied or explicit.

INDEMNIFICATION
You agree to indemnify and hold Upside Wireless Inc., its parents, subsidiaries, affiliates, officers and employees, harmless for any claim, demand, or damage, asserted by any third party due to or arising out of your use of or conduct on the system. The Service is provided without any guarantees explicit or implied.  
Upside Wireless Inc. is not responsible for direct, indirect or other damage suffered by the User or a third party as a result of using the Service, faults in the Service or interruption to or termination of the Service. Upside Wireless Inc. is also not responsible in any way for the content or the delivery of the messages which the User has sent or received via the Services.

COPYRIGHT
This web site, the web site technology and all content from time to time displayed on the web site (the Web site) are the property of Upside Wireless Inc., Canada. The Web site is protected by Canadian and international law and conventions for the protection of industrial and intellectual property rights. You may not, without expressed permission from Upside Wireless Inc., copy or to the public display the Web site or the Web site in part or parts. You also may not mirror the Web site on your home page. Your use of the Web site does not create a license or any other rights in Upside Wireless Inc.'s trademarks, services, copyrights, or any other intellectual property or proprietary rights.

DISAGREEMENTS
This agreement shall be governed by and construed in accordance with laws of province of British Columbia. In case of a dispute, you agree to submit yourself to the jurisdiction of courts of British Columbia.

CHANGES IN THIS AGREEMENT
Upside Wireless Inc. reserves the right to alter the terms of this agreement. The right to use the services is subject to your approval of the membership terms applicable from time to time. It is therefore in your interest to keep yourself updated on the membership terms. By continuing to use this service, you accept the new wording of the membership terms.