'Contract' means this agreement between VSMSMail and the Customer comprised of the Terms and Conditions relating to the provision of the Services;

'Customer' means any VSMSMail customer, and 'Customers' has a corresponding meaning;

'Intellectual Property Rights' or 'IPR' mean any statutory and other proprietary rights in respect of trademarks, patents, circuit layouts, copyrights, confidential information, and all other Intellectual Property rights as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967';

'Price' means the appropriate price of the Services as outlined on the VSMSMail website;

'VSMSMail' means VSMSMail Inc located at www.vsmsmail.com;

'Services' means the provision of services relating to voicemail, and text messaging as described on the VSMSMail website;

'Terms and Conditions' means these terms and conditions for the provision of the Services by VSMSMail;

'Term' means the date on which the Customer accepts these Terms and Conditions, and started using the Services till the date of Termination;

'Termination' means the date on which either party terminates this Contract in accordance with these Terms and Conditions.

VSMSMail will provide the Services as described on the VSMSMail website, and in accordance with these Terms and Conditions to the best of its ability. The Customer chooses to use the Services at their own risk. VSMSMail strictly does not make any representations regarding the supply of the Services. VSMSMail and its personnel will use all Customer personal information disclosed for the provision of the Services and for related business purposes, including for market research, and trials. VSMSMail will carry out the Services to the best of its ability. The Customer acknowledges and agrees that VSMSMail will not be responsible for any problems encountered by the Customer in the use of the website, or the Services such as servers crashing, or due to Internet or connection problems. Further, VSMSMail will not be liable for loss of information, or voicemails that is incurred by the Customer during transmission of the Services, that is beyond the control of VSMSMail, unless such loss occurs as a direct result of VSMSMail.s negligence. VSMSMail will provide the Customer with the Services using such facilities as determined by it from time to time. The supply of the Services and its contents maybe subject to change from time to time as determined by VSMSMail, and any changes will be updated on the VSMSMail website.

VSMSMail will commence providing the Services as per the instructions set out on its website and upon acceptance of these Terms and Conditions by the Customer. By using the Services offered by VSMSMail, the Customer agrees to comply with the Terms and Conditions in its entirety.

Privacy of all personal information disclosed by the Customer will be maintained to the best of VSMSMail's ability. VSMSMail, its personnel, and business partners may use Customer personal information for providing the Services and for related business purposes. Personal information of Customers may also need to be disclosed by law.

Please refer to our Privacy Policy for more information on how Customer personal information is gathered, monitored and used by VSMSMail. The Privacy Policy will be VSMSMail's governing terms for protecting privacy.

This Contract will terminate if the Customer provides a dishonoured cheque; or any false credit card details in making a payment; if either party breaches this Contract; or when one party gives the other 30 days notice (including by way of email) of its intention to terminate this transaction.

The law of Ontario, Canada will apply to these Terms and Conditions and to any other dispute involving the Services. All disputes will be resolved under the appropriate Canadian dispute resolution body as determined by VSMSMail. The parties submit to the laws and jurisdiction of Ontario in resolving any disputes.

VSMSMail retains all Intellectual Property Rights relating to the Services, including design, operation and other technical information. The Customer will keep this confidential and will not breach any Intellectual Property Rights attached to the Services, nor allow any third party to do so. This provision shall continue to have affect following termination of this Contract along with all other provisions in this Contract, which survive Termination. The Customer will be provided with a non-exclusive, royalty free, non-transferable licence to use the Services.

Except as required by law and subject to the limitation of liability provision in this Contract, all terms, conditions, warranties, undertakings, representations, whether express or implied, relating to the provision by VSMSMail of the Services are excluded, and VSMSMail will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the Services by the Customer or any third party.

The Customer acknowledges that the Services may not be available in all circumstances and that VSMSMail will not be liable for default or failure to perform its obligations resulting from, geographical and weather conditions, or any other cause beyond its control. As such VSMSMail will not be responsible, and will refund the Customer any Price paid or re-supply the Services at VSMSMail's discretion.

VSMSMail will not be responsible for any third party loss or claim relating to the Services. If the Customer is unsatisfied with the Services, following receipt of the complaint from the Customer, VSMSMail will re-supply the Services, or refund the Price to the Customer at VSMSMail's discretion. VSMSMail will not be responsible for any problems encountered by the Customer, unless it is caused directly by VSMSMail or one of its personnel's negligence or fault. If any damage is caused at the direct fault of VSMSMail or one of its personnel VSMSMail will compensate the Customer by offering to re-supply the Services, or refund the Price as appropriate at VSMSMail's discretion. VSMSMail will not be liable to the Customer or any third party for any actual or alleged criminal or civil wrong committed by any Customer or third party, including Internet crime and civil wrongs such as fraud, hacking, misuse, or intellectual property right infringement, amongst others in the receipt and use of the Services. Under any circumstance VSMSMail's total liability is limited to re-supply of the Services, or refund of the Price paid by the Customer.

The Customer indemnifies, and will keep indemnified, VSMSMail against all harm (on a full indemnity basis) that VSMSMail may suffer as a result of any actions, proceedings, costs, damages, claims, demands and expenses whatsoever brought against or incurred by VSMSMail by a third party arising directly or indirectly, out of, or in connection with:
a) the provision of the Services under this Contract;
b) the Customer's exercise of rights under this Contract; and
c) any act or omission or any negligent or willful default by the Customer in connection with the Customer's use of the Services.

The Customer warrants that it has and will maintain adequate insurance to cover any and all liability that may arise in relation to this Contract (including the contractual indemnity set out under this Contract).

The cost of the Services is as outlined on the VSMSMail website, and GST and PST. VSMSMail will deduct any amount as they become due from any bank or credit card account nominated by the Customer for any unexpected extra charges or costs incurred by VSMSMail during the provision of the Services, including for cancellation of any orders made by the Customer. The Price is quoted in Canadian dollars. The Price maybe subject to change without notice and any changes will be updated on the VSMSMail website.

The Customer agrees not to abuse the Services, and to use the Services in a reasonable manner for the sole purpose of personal communication. The Customer agrees to comply at all times with all laws and obligations including but not limited to all Internet laws applicable to the receipt and use of the Services. Customers must strictly adhere to the following. System violation and/or abuse are defined as any use of the resource, which disrupts the normal use of the system. Examples of violations and abuse include, but are not limited to the following: invade another person's privacy; unlawfully use, transmit or disseminate obscene, threatening, abusive, harassing, defamatory or otherwise offensive material; unlawfully promote or incite hatred; any transmissions constituting or encouraging conduct that would constitute a criminal offense, violate any municipal, provincial, federal or international law, order or regulation; restrict, inhibit or otherwise interfere with the ability of any person to use or enjoy any of the Services or create an unusually large burden on our network and/or servers; disrupt our network or network service, or otherwise restrict, inhibit, disrupt, or impede VSMSMail's ability to monitor or deliver the Services; interfere with computer networking or telecommunications systems including but not limited to compromising the security of or tampering with system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges ("hacking") or attempting to "crash" a host, disrupting sessions of users or consuming excessive amounts of resources; resell any of the Services, or use the Services other than for the purpose for which it was intended. The Customer shall not use the Services to publish any material, which is defamatory to any person; in breach of intellectual property rights; in breach of any obligations of confidentiality; or otherwise in breach of any law, and will indemnify VSMSMail for any loss or damage suffered by VSMSMail as a result of the Customer violating any of the above.