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ALWAYS TEST DELIVERING OF YOUR SMS TO YOUR OWN NUMBER BEFORE SENDING IN BULK TO BE SURE OF SPAM FREE MESSAGE!

DKM SMS

DKM SMS

DKM SMS portal will give you maximum satisfaction and you will definitely continue using our bulk SMS service after your first trial.

Flexible and easy to use interface

Orientate new converts

Orientate new converts

WE CREATE BEST TECHNOLOGY THAT GENERATES THE FASTEST BULK SMS SERVICE

PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER/RESELLER AGREEMENT ("SMS AGREEMENT") DESCRIBES
THE TERMS AND CONDITIONS UNDER WHICH DKM SMS OFFERS
YOU (THE 'USER" OR "YOU" OR "YOUR RESELLER") AN ACCOUNT (THE
"ACCOUNT") FOR USE OF THE DKM SMS SERVICE (THE "SMS
SERVICE"). BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND
CONDITIONS PUBLISHED ON THE DKM SMS SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SERVICE. DKM SMS 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. MEMBER ACCOUNT Dkm SMS provide the SMS Service with capability to send SMS to
mobile phones via the World Wide Web on the DKM SMS System.
DKM SMS may terminate, change, suspend or discontinue the SMS
Service, including the availability of any features of the Site, at any time.
Dkm SMS may from time to time provide additional services subject to
charges according to the sole discretion of Dkm SMS.

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 Dkm SMS. The SMS Service is
intended to appeal to a broad audience, and therefore it is the responsibility of the
parent or guadian to determine whether any of the Dkm SMS Services are
appropriate for the 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 sign up with
his/her name, e-mail address, phone number and a username and
password and notification to user's e-mail
address. The User is entirely responsible for the privacy, confidentially 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. Dkm SMS does not
assume any liability for the content of the messages sent and is exempt from any claims that
may arise from the third parties as a result of message sent. You are fully responsible for
any charges and liability for the content 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,
Dkm SMS 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 Dkm SMS
immediately of any unauthorized use of the account at
info@dkmsms.com.

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. Dkm SMS 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 Dkm SMS 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 Dkm SMS do not
expire; user can login to SMS service anytime to use service. Dkm SMS
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. Dkm SMS 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-Dkm SMS Fees: Your wireless service 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. Dkm SMS 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 Dkm SMS and as to which
Dkm SMS has the right to seek any fees, damages, expenses or the like
arising from the failure to pay Dkm SMS for use of the SMS Service,
including, but not limited to, fees charged to Dkm SMS by any credit card
issuer or its agent as a penalty for charged to Dkm SMS 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 Dkm SMS in the event of any changes to your
account or billing information or in the event your charge card or debit card is
cancelled 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, Dkm SMS 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 the Service, you
       must notify Dkm SMS within 3 days of any invoice or credit card
       statement, provide Dkm SMS any information necessary to review
       the claim, and Dkm SMS will attempt to resolve the claim in a
       timely manner.
       Dkm SMS 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 Dkm SMS, and you will be
       responsible for such unauthorized use or charges until you notify
       Dkm SMS. You must also adopt any steps necessary to prevent
       any further unauthorized use of your account or unauthorized charges.
       Dkm SMS 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 Dkm SMS policy, rule
       or conditions of use. While you may choose to terminate your account
       voluntarily at any time, you will not have right to any refund of any service
       fees or charges.    (c) Resellers must renew their Reseller Platform with Sum of Five Thousand
       Naira Yearly (N5,000.00/yr) a month before their expiration date. Failure to do so
       may result to account suspension.

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, and without laws regarding the transmission of the technical data
exported from Nigeria or the country in which you reside;
(vi) to release, post, distribute or execute any viruses or other harmful computer
code; or
(viii) to upload, post, e-mail, 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) Dkm SMS does control 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 fitters, 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 Dkm SMS may establish general practice 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 Dkm SMS 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
Dkm SMS reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Dkm SMS 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 Dkm SMS. A free SMS user may opt out from receiving similar
marketing promotions, however, Dkm SMS reserves the right to terminate your use of
the SMS Service. To discontinue receiving from such promotional service, e-mail us at:
support@dkmsms.com

(F) User agress that Dkm SMS may terminate User's Account and use of
the SMS Service (and other Dkm SMS Services) if Dkm SMS
believes User has in any manner:
(i) violate the terms and conditions of the Section 4,
(ii) violate the SMS Service Terms and Conditions or the Terms and Conditions of
the Site or any other service offered by Dkm SMS
(iii) violated this Agreement,
(iv) provided Dkm SMS false, inaccurate or incomplete not current
information, or
(v) violates any applicable law, regulation or rule of any state or country.

5. PRIVACY Dkm SMS 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 Dkm SMS then-current privacy
policies, which are incorporated herein by reference. Our current privacy is
available at Dkm SMS Privacy Policy. User will own any personal user
information or other registration information that User has given us part of the
registration process (your "Registration Information'). With respect to User's
Registration Information, User agrees to grant Dkm SMS 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 Dkm SMS or other users
within the publicly accessible ares of the SMS Service or the Site, in any media
now known or not currently known Dkm SMS will only use your Registration
Information in accordance with our Privacy Policy.

6. CONTENT You understand that Dkm SMS has no editorial control over any third party
content and that Dkm SMS does not guarantee the accuracy or
completeness of any third party content. You agree that Dkm SMS will have
no liability to You, or anyone else who uses Your Account, with regard to any third
party content. Under no circumstances will Dkm SMS 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, e-mailed, or otherwise transmitted via the Service. You also understand that
the third party content is the proprietary material of Dkm SMS 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 OF THE SERVICE (A) User acknowledges that Dkm SMS is dependent on various
telecommunications networks and institutions for the delivery of its messages and
that Dkm SMS may adjust its prices and offering, should the prices be
adjusted due to reasons that are not in Dkm SMS control. User will be
notified of any such changes through publication on the Site or through sms
describing the change.
(B) You understand that Dkm SMS 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 Dkm SMS
website or through an e-mail 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 the Agreement. In addition,
Dkm SMS 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. Dkm SMS 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 Dkm SMS 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 TIMELESS 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, Dkm SMS MAKES
MESSAGE.

 

USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE
RECIPIENTS 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. Dkm SMS 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) Dkm SMS 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 OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Dkm SMS 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) Dkm SMS 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 Dkm SMS SERVICE AND ANY ASPECT ANCILLARY THERETO;

(C) Dkm SMS SHALL IN NO EVENT BE RESPONSIBLE FOR THE
SECURITY OF THE DATA TRANSMITTED BETWEEN Dkm SMS AND
THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE
PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. Dkm SMS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION
BETWEEN DkM SMS AND THE USER.

(D) DkM SMS 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 Dkm SMS IN THE
PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY.
THEREFOR, 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 Dkm SMS LIABILITY BEYOND WHAT IS
PERMISSIBLE UNDER APPLICABLE LAW.

10. RELEASE AND INDEMNIFICATION (A) In the event that you have a dispute with one or m ore users, you release
Dkm SMS (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 limiting the extent of such release.

(B) User agrees to defend, indemnify and hold harmless Dkm SMS 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 Dkm SMS customer service at support@dkmsms.com.
Notify Dkm SMS in any other of your desire to terminate your
Account may result in delays in processing your request. Dkm SMS, 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 Dkm SMS 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. Contact Dkm SMS reserves the right to
terminate your Account and this Agreement for any other reason if
Dkm SMS 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 affected without prior notice, and acknowledge and agree that
Dkm SMS 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.

Any reseller that decides to terminate his reseller-ship with Dkm SMS, under
that termination, he/she will also looses his/her copyright owner of any domain-name
registered for him/her by Dkm SMS. Further, you agree that
Dkm SMS 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 Dkm SMS 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
Dkm SMS 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 Dkm SMS 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 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 waving any
remedy under this Agreement, seek any interim of provisional relief that is necessary
to protect the rights or property of that party pending the establishment of the arbitrary
tribunal (or pending the arbitrary 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 of 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 to render such
provision valid and enforceable and the other provisions of the 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 Dkm SMS or its
representatives or resellers. The failure of Dkm SMS 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 the Agreement are for convenience only and have no
legal or contractual effect. This Agreement may not be amended except as provided
in Section 7.
Dkm SMS 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.

1. Dkm SMS Privacy Notice and Choices:
(a) computing and information services and
(b) telecommunications services (including the Dkm SMS Gateway)
(collectively the "Services" or the "Dkm SMS Services") to persons who join
Dkm SMS ("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 Dkm SMS is
to protect the privacy of Dkm SMS Members who are using any of the
Dkm SMS Service. Please be aware, however, that as a condition of
membership and use of the Dkm SMS Service, Dkm SMS
requires Members to select areas of interest and thereby agree to receive marketing
materials from Dkm SMS 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
Dkm SMS; however, Dkm SMS reserves the right to cancel the
membership of Users in the event such a Member chooses to completely opt-out
the mailings.
Please recognize that it is the policy of Dkm SMS to protect the privacy of
its Members, and thus Dkm SMS will only allow third parties to have access
to information concerning Users ("User Information") in the following situations:

(i) Dkm SMS 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 Service --- 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) Dkm SMS 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) Dkm SMS 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
Dkm SMS. Marketers seek to direct advertisements and shopping
opportunities to Members who have expressed interest in a category relevant to the
offer. According, Dkm SMS may provide User Information (name and e-mail
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 dont wish to receive such third-party product information, you may
opt-out of future mailings by sending an e-mail to Dkm SMS at
support@dkmsms.com and Dkm SMS will honor such a request
without question. Dkm SMS reserves the right to cancel User's membership
in the event a User chooses to completely opt-out of all mailings.

(iv) Dkm SMS 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) Not withstanding anything else contained in this Privacy Policy.
Dkm SMS reserves the right to sell or otherwise transfer your User
Information to one or more third parties in connection with the sale of all or
substantially all of the assets of Dkm SMS or in connection with the sale of
all or substantially all of the stock or ownership interests in Dkm SMS.

Dkm SMS may send Users periodic e-mails containing information about
Dkm SMS, 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 Dkm SMS or third party products and services
that are likely to be of interest to you, and user satisfaction questions.
Dkm SMS may also access user information for the following administrative
purposes:

(a) to examine system accounting logs and other company records to resolve e-mail
and other system errors or problems and

(b) for billing purposes.

2. Credit Card Information:
If any person uses a credit or debit card to pay for any of the Services offered by
Dkm SMS requiring payment of a fee or fees, Dkm SMS will
continue to charge your account until you provide Dkm SMS notice of
termination of use of the service (in accordance with the Conditions of Use) and all
usage fees have been paid. Not withstanding termination by a Member of the
Premium User Services, Dkm SMS 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
Dkm SMS 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 Dkm SMS 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.

3. Children May Not Use the Services Without Permission:
Dkm SMS 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 Dkm SMS 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
Dkm SMS and before sending any personal information to
Dkm SMS, or anywhere on the Internet. All other children should always ask
parents or a legal guardian for permission before sending any personal information to
Dkm SMS, 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 Dkm SMS and over the Internet in general and to regularly oversee
their children's use of e-mail 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 Dkm SMS. Moreover, as it is a condition of
membership in Dkm SMS that Users provide certain information concerning
the User's interests and agree to receive marketing materials from
Dkm SMS or third parties related to those interests, parents or a guardian of
a child should contact us by sending an e-mail to: support@dkmsms.com if
they would like a child's membership terminated and this informationdeleted from our
records. If Dkm SMS determines that information has been provided by any
child without permission of a parent or legal guardian, Dkm SMS will
immediately terminate the account and delete the information from our records.

 

4. Dkm SMS Information Practise, Access and Security:

A. Please be aware that use of the Dkm SMS Service is subject to the
Conditions of Use (as applicable to the Dkm SMS Site and each of the
Services) as well as this Privacy Policy.

B. Dkm SMS will limit the information we collect about Members to what is
needed to accurately provide the Services or products requested by Members.
Dkm SMS will only use or release User Information in accordance with this
Privacy Policy (as set forth in Section 1 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 e-mail address or
telephone number) about your visits to the Dkm SMS 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 e-mail
to: support@dkmsms.com.

D. Dkm SMS will be aggressive in terminating accounts of users who violate
Dkm SMS's Conditions of Use. If we must deny a consumer's application
for service or terminate a consumer's relationship with us, in cases of other than fraud
or violations of any law, rule or regulation, we will provide upon request the reasons,
nature, substance, and information Dkm SMS used in the decision.

E. Dkm SMS 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 Dkm SMS home page, log into your
Dkm SMS address and click on Dkm SMS "View Account' link to
access or update your directory information.

F. Dkm SMS 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 Dkm SMS. 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.

4. DKM Employee Standards

A. Only those employees needed to carry out the business functions may have
access to information on individual DKM customers. We employ security
techniques to safe guard User Information.

B. Each employee has a personal responsibility for maintaining Member confidence
in Dkm SMS. Wkm SMS Privacy
Principles, and those violating these principles will be subject to disciplinary action,
including dismissal in appropriate cases. Dkm SMS will employ rigorous
technology and employee practices to ensure the highness possible standards of
accuracy, completeness and timeliness.

6. Conditions of Use and Revisions

A. Please be aware that use of the DKM Services is subjected to the
Conditions of Use and this Privacy Policy

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
Dkm SMS WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH
MPDIFICATIONS. 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 Dkm SMS at:
support@dkmsms.com and type the word "remove" in the subject line.

C. The internet community is a rapidly changing environment and therefore
Dkm SMS may sell or liquidate its assests or its business or may purchase
the assests or business of other companies ("business transfer"). In such
transactions, user information generally is one of the transferred 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. Dkm SMS reserves the right to use phone numbers in User's address
books only (not names) for SMS marketing. These numbers can also be shared with
3rd parties for the same purpose.

 

  Contact Us:                                             

 

 

  E-mail: support@dkmsms.com

  

  Tel: 07065945747   Whatsapp: 07065945747

  

  Facebook: www.dkmsms.com/dkm.sms

 

  Yahoo Messenger ID: dkmmedia@yahoo.com

 

 

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