Midwest Networking Services — Text Messaging Terms & Conditions
By opting in to receive text messages from Midwest Networking Services (and our subsidiaries or affiliates) (hereinafter “We,” “Us,” or “Our”) (the “Service”), you agree to these Text Messaging Terms & Conditions (the “Agreement”). This Agreement does not replace or modify any other Terms of Service or Privacy Policy that govern your relationship with Us in other contexts.
1. Providing Telephone Number; Duty to Notify
You represent and warrant that (a) the mobile phone number you provide to Us is accurate and (b) you are the current subscriber, owner, or authorized user of that number. If your contact information or phone number changes (or ownership of the phone number changes), you agree to notify Us promptly at [insert a Midwest Networking contact email or phone] before the change takes effect.
2. Consent to Receive Automated Texts
By voluntarily supplying your phone number, you expressly agree to receive recurring automated text messages (SMS, MMS, or successor technologies) from Us regarding Our products, services, offers, promotions, account information, or your relationship with Us. Consent to receive these messages is not a condition of purchase. Message & data rates may apply. The frequency of messages may vary.
3. Opt-Out / Help Instructions
You may cancel (“opt-out”) the Service at any time. To opt out, reply STOP to any text message you receive from Us, or contact [insert phone or email] and request to be removed from text messages. You may also text HELP or contact [insert contact] for assistance. We may send a final confirmation message acknowledging your opt-out.
4. Indemnification
You agree to indemnify, defend, and hold Us harmless against any and all claims, demands, losses, causes of action, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of your failure to comply with this Agreement, including claims under the Telephone Consumer Protection Act (TCPA) or comparable state laws, or claims related to providing a phone number that you do not own or failing to update your number.
5. Limitation of Liability; Disputes
To the fullest extent permitted by law, Midwest Networking Services (and its affiliates or service providers) will not be liable for any indirect, special, incidental, consequential, or punitive damages arising from your participation in or use of the Service. You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved on an individual basis, not as a class action, and shall be subject to binding arbitration (you waive your right to a jury trial).
6. Participation Requirements
By participating in the Service, you certify that you are 18 years of age or older, that you have a wireless device capable of two-way messaging, that your carrier supports such messaging, and that you are the subscriber of wireless service with texting capability. Not all wireless carriers support every messaging type or protocol.
7. Miscellaneous / Changes to Terms
You warrant you have all rights and authority necessary to enter into this Agreement and to perform its obligations. If any provision of this Agreement is held invalid or unenforceable, that provision will be modified or eliminated to the minimum extent necessary so that the remainder of the Agreement will be enforceable. We reserve the right to amend or update this Agreement from time to time; any changes will be posted or otherwise provided to you. Continuing to participate in the Service after amendments constitutes acceptance of the new terms.