PLEASE READ THIS AGREEMENT CAREFULLY:
OpticSMS, LLC USER AGREEMENT
EFFECTIVE JUNE 15, 2007. THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED HEREIN, THIS ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH OpticSMS, LLC, (“OpticSMS”) OFFERS YOU A MONTHLY SUBSCRIPTION ( THE"SUBSCRIPTION") FOR USE OF THE OpticSMS SERVICE (THE "SERVICE"). BY COMPLETING THE REGISTRATION PROCESS OR BY DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. By accepting these terms, you confirm that you are 13 years of age or older, and have the consent of the subscriber of a
participating mobile communications carrier to sign-up and use the OpticSMS Service on behalf of the subscriber.

2. NOTE: THIS SECTION 2 APPLIES ONLY IF YOU HAVE INFORMATION DELIVERED TO YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE OR IF YOU DOWNLOAD INFORMATION FROM YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE. Your wireless service provider 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 or information or messages from or uploading of information or messages to the Service, and/or (iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. Before subscribing to the Service, please check with your wireless service provider or pager company about the existence of such fees. You are responsible for paying all such fees, and for any other hardware, service or other costs you incur to use your Subscription, plus any applicable taxes. OpticSMS users will be charged for the use of OpticSMS services directly on your mobile telephone invoice. If you select a monthly fee Subscription plan, you authorize the continued billing each month until you cancel such Subscription. If you cancel your Subscription for any reason, OpticSMS will not refund any of your fees paid to date.

3.1 OpticSMS Subscriptions are only available for customers of the below participating wireless carriers. Pre-paid phone users are ineligible. Verizon Wireless, Cingular Blue (formerly AT&T Wireless), Cingular Orange, T-Mobile, Boost Mobile, Nextel, Sprint, Alltel, Dobson (Cellular One).

4.1. OpticSMS  users will receive SMS messages either on a periodic basis (ie; daily or three times a week) or on-demand (ie; on-demand commercials, coupons or new location direction, etc), including but not limited to using our services to inform directly from individuals including but not limited to jokes, words, facts, trivia, bible verses, proverbs, horoscopes, stock prices, and personal messages directly from individuals including but not limited to celebrities, musicians, etc. You agree that OpticSMS does not guarantee the accuracy or completeness of any content provided by this Subscription service. You agree that OpticSMS will have no liability to you with regard to any content provided. You also understand that all content provided is the proprietary material of OpticWeb and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, 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 U. S. copyright laws or comparable provisions of foreign laws. For the avoidance of doubt, your use of the Service is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise. OpticSMS is not responsible to you for any content or materials or any other aspect of the Service that you might find objectionable.

4.2. Members who use our Services agree to accept our SMS messages as part of the service.

5. . You understand that OpticSMS may, in its discretion, from time to time change, add, or remove certain features of the Service, change the pricing, or change the terms of this Agreement by informing you of the amended terms via SMS to your phone, and that, if you
are dissatisfied with any such changes to the Service or this Agreement, you may cancel your Subscription at any time by texting STOP to our 5 digit short code. In addition, OpticSMS reserves the right to discontinue the Service altogether for all users at any time in its discretion. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you use your Subscription, in which case such terms shall be effective when posted. Otherwise, this Agreement may not be amended except in a writing signed by both parties.

6. . YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OpticSMS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO OpticSMS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. OpticSMS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE 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 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.

7. OpticSMS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR SUBSCRIPTION BY ANYONE ELSE. OpticSMS’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANY ANYONE WHO USES THE SERVICE THROUGH YOUR SUBSCRIPTION, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO OpticSMS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, 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 OpticSMS’S LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW. MOREOVER, THIS SECTION DOES NOT LIMIT OpticSMS’S OBLIGATION, IF OpticSMS MISTAKENLY OR WRONGFULLY OVERCHARGES YOUR SUBSCRIPTION, TO REFUND THE AMOUNT OF THE OVERCHARGE.

8. You release OpticSMS (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 connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

8.1. You agree to defend, indemnify and hold harmless OpticSMS and our subsidiaries, affiliates, officers, directors, agents, and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

9.You may terminate your Subscription, this Agreement, and your right to use the Service, at any time and for any reason
or no reason, by contacting OpticSMS customer service at help@opticwebsolutions.com or by sending a text message with the text "STOP" to our short code or such other number as may be designated on our Website. Notifying OpticSMS in any other way of your desire to terminate your Subscription may result in delays in processing your request. OpticSMS may immediately suspend or terminate your Subscription, and terminate this Agreement, if you breach any provision in this Agreement or if the charges to your mobile phone bill for the fees described in Section 2 are refused for any reason. OpticSMS reserves the right to terminate your Subscription and this Agreement for any other reason if OpticSMS gives you at least 30 days advance notice. Upon any such termination of your Subscription, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination. Sections 4, 5, 7, 8, and 10 will remain in effect notwithstanding the termination of your Subscription or this Agreement.

12. The Services hereunder are offered by OpticSMS, LLC, a Colorado LLC with headquarters in Denver, CO. You can contact us via email or call us at: 800-559-9319