PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH WEBNET SYSTEMS, trading as NAIRATEXT ("NAIRATEXT"), OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE NAIRATEXT SMS SERVICE (THE "SMS SERVICE")

1. You agree that Nigeria law, excluding principles of conflict of law, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Nigeria. You consent to the exclusive jurisdiction of such courts.
2. You agree to assume full responsibility for your decision to use our services. The Company offers the SMS service "as is" and disclaims any implied warranties including warranties for merchantability, renting and selling of email addresses and contact information, fitness for a particular purpose, and non-infringement.
3. You agree that in no event shall we (NairaText) be liable to You for any special, incidental or consequential damages.
4. It is expressly understood that you and NairaText are, in all respects, independent parties to a contract. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create a relationship of employer or employee, partnership, or joint venture, fiduciary or similar relationship between you and NairaText, for any reason whatsoever. Consistent with the parties' status as independent contracting parties:
   • You are not authorized to make any warranty or representation on behalf of the NairaText for any purpose.
   • You agree that you shall not represent to any person that you are the agent of NairaText, nor fail to correct any misunderstanding as to such status.
   • You will not have the power or authority to, and agree that you will not, obligate or attempt to obligate NairaText in any manner whatsoever.
5. If You decide to use our electronic means of communication (including but not limited to email and NairaText services) in connection with the direct or indirect promotion of Nairatext services/Products or your products/Services, then You represent and warrant the following:
   • No fraudulent, deceptive, false or misleading message will be sent to any individual using our services.
   • All such messages will be in full compliance with federal and state laws and regulations governing commercial electronic mail, electronic messaging, electronic campaign and advertising.
   • No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message.
   • All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message.
   • No such message will include any incomplete, invalid, misleading, fake, or forged message headers.
   • All such messages will include complete, valid, and accurate message headers indicating the origin of the message.
   • No such message will be delivered via means that exploit documented or undocumented security holes on any client or server machine.
   • No such message will be sent to an address that was obtained via
     •  automated means from an Internet web site or proprietary online service operated by another party;
     • generation of possible addresses by combining names, letters, or numbers into numerous permutations; or
     • spyware, viruses, or other means of bypassing system security or invading consumer privacy.
   • No such message will be sent, relayed, or transmitted by a protected computer or network that was accessed without authorization.
   • No such message will be sent from (or made to appear that it was sent from) an address that was obtained via the use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
6. If accept the NairaText services, then:
   • You represent that you have reviewed relevant NairaText rules and policies, understand them and agree to abide by all of them.
   • You agree that your product/services is legal and that your advertising, promotions and representations of which you are aware that are related to your product are accurate and in compliance with federal and state laws and regulations.
   • You agree that NairaText may list your product in its marketplace and portfolio and make it available to other customers.
   • You understand that nairatext may adjust their prices but with proper notification to you at least 30 days to the date the change will be effected.
   • You agree to provide NairaText with valid email addresses, phone numbers and contact information to which NairaText staff can send inquiries and receive a non-automated reply by end of four business days.
    
7.  If You promote our services, then:
   • You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with NairaText's four week refund policy.
   • You agree to make no such promotions that involve unlicensed or unauthorized use of materials protected by copyright or trademark law.  
   • You agree that all such promotions will not be false or misleading and will be fully compliant with federal and state laws, including regarding network abuse, unsolicited messaging, and U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. All such promotions must contain all disclosures necessary to prevent them from being false or misleading in a clear and conspicuous manner. d phone number related to your account and to respond within 72 hours to any Call email/SMS or communication from NairaText to you.      
8. If you accept our NairaText services (which make us establish a business for you on the web), You agree that
   • you are responsible to obtain all relevant licenses and permits associated with the legal operation of your enterprise and to indemnify the Company and hold Us harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
   • You will be solely responsible for withholding, paying and/or reporting any federal or state income taxes on your earnings from our services. This also includes state unemployment insurance taxes, state disability insurance taxes, or any other taxes directly associated with the compensation you pay to your employees, contractors or agents..
9. You understand that the Company may temporarily hold or permanently seize its services to you if we determine that the services you render is associated with:
   • Illegal activity; or
   • Misrepresentations, over promising or other violations of federal and state regulations; or
   • Disregard for our rules or policies; or
   • Lawsuits directed at the Company or its employees; or
   • Legal threats, abusive language, harassment, or other antisocial behavior directed at the Company, its employees, or their families
10. You understand that the Company reserves the right to modify the Contract at any time.