IMPORTANT: IN ORDER TO USE ELECTCOLLECT.COM, YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS (THIS "AGREEMENT") AND AGREE TO THE TERMS AND CONDITIONS STATED HEREIN.

This Agreement is a contract between you and Electcollect.com ("Electcollect") and governs your use of the Electcollect website, all Relayed Files (defined below) and all your activity on the Electcollect website (collectively, the "Service"). By completing the order process, you represent that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions found in this Agreement, do not continue the order process and discontinue use of our Service.

Notice

Electcollect may, from time to time, amend, supplement or modify the terms of this Agreement. If you do not agree to be bound (or cannot comply with) the Agreement as amended, your only remedy is to discontinue your use of the Service. You will be deemed to have accepted this Agreement as amended thirty (30) days after the agreement is amended and/or if you continue to use the Service after such amendment.

Membership Fee

You are responsible to pay the Membership Fee for the Service for the amount in effect at the time of purchase (see the order/register page for current pricing). The Membership Fee is a one time only fee; you are never charged by Electcollect ever again.

Cellular Fees

Electcollect never charges your cell phone statement and you won't pay any additional cellular fees for using this Service. You are responsible for all standard cellular fees associated with using this Service. This includes your standard cellular fees for text messages, multimedia messages, and Internet usage. Electcollect will not be held liable for any cellular fees charged to users by their cellular carrier.

Phone Testing

Before purchasing you are required to test your phone with our Test Your Phone feature to verify your phone works with Electcollect. Receiving the actual Relayed Files on your phone and using them in their intended usage is considered a successful test. Anything less is considered unsuccessful.

Cancellation of Service

You agree and accept that you are purchasing a service and upon purchase all services are immediately accessible to you and are therefore not cancelable and no refunds will be issued. You understand and accept that the Service is a non-refundable Service. This includes claims of your phone not working with the Service (see Phone Testing).

User Names and Passwords

You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible if your user name or password is not kept confidential. You agree to immediately notify Electcollect of any unauthorized use of your user name or password or account or any other breach of security. Electcollect will not be liable for any loss or damage arising from your failure to comply with this requirement.

Prohibited Conduct

a. You agree that you will not use the Service to relay Files that: (1) you do not have the legal rights to (either by ownership or by having a valid license); (2) violates any intellectual property right, including copyright, trademark, trade secret, and patent rights; (3) is illegal under applicable law or regulation or promotes illegal activity; or violates any contractual obligations you are subject to.

b. You agree not to use the Service in a manner, which is abusive or harassing to any other user.

c. You may not circumvent any security measures or any payment collections methods employed on the Service, or access the Service after your account or access has been terminated.

d. You agree not to engage in any activity, which may compromise the stability or availability of the Service or an outside service.

Relayed Files

a. The Service allows you to relay various media (collectively, "Files") to mobile devices.

b. Electcollect does not screen or monitor Files relayed to your mobile devices.

c. Electcollect does not store music or ringtone Files on our servers other than for temporary caching reasons.

d. Users relay music or ringtone Files already in their possession and owned by the Users or from another web site to their mobile device. The ability for the User to save Files to their computer is required.

e. Electcollect does not make music or ringtone Files relayed by one user available to another user. Users can only relay their own music or ringtone Files.

f. You acknowledge and agree that all Files relayed are the sole responsibility of the person or entity relaying those Files. You agree that you, and not Electcollect, are entirely responsible for all Files that you relay to your mobile phone via the Service. You further agree that you either own or have sufficient rights to the Files you relay to your mobile phone. Electcollect does not control the Files relayed on the Service, and does not guarantee the accuracy, integrity or quality of any Files. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Files, including the completeness or usefulness of such Files.

Release

By using the Service you agree to release Electcollect and its parents, subsidiaries, affiliates, officers, and employees from any and all demands, claims, debts, obligations, damages (actual or consequential), costs and expenses, including attorneys' fees, of any kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from your use of the Service or any breach of this Agreement.

Disclaimer of Warranties

The Service is provided "as is", with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, is expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Electcollect disclaims any warranties for the security, reliability, timeliness, and performance of the Service.

Violations of Agreement

Should you violate this Agreement or any other rights of Electcollect, Electcollect reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Service.