Terms of Service

The Rocketron service ("Service"), owned and operated by Asyncast Corp. ("Asyncast"), is provided to you ("Subscriber") under the following Terms and Conditions ("T's & C's") exclusively for Subscriber's use within the United States of America. These T's & C's constitute the entire agreement ("Agreement") between Subscriber and Asyncast. By using the Asyncast service in any form (web or phone), you are agreeing to be bound by all of the provisions of the T's & C's. If you do not wish to agree to following these T's & C's, you may not use this Service.

Asyncast allows Subscriber to receive personalized Internet content and services via telephone and the World Wide Web. Subscriber must provide and pay for his/her own telephone service and Internet service, including any toll or long-distance charges that may be incurred when using the Service.

In consideration for receiving the Service, Subscriber agrees to:(i) provide certain current, complete, and accurate information about Subscriber and (ii) maintain and update this information as required to keep it current, complete and accurate. Your privacy is very important to Asyncast. As part of the Service registration process Subscriber should read and be familiar with the principles in Asyncast's Privacy Policy.

To become a Subscriber of the Service, you must create an account via the Service. Calling an Asyncast service will automatically create an account on your behalf with your phone number as the account number. Registering with an Asyncast web site will create an account based on your e-mail address and associated to your phone number. Subscriber is exclusively responsible for all activities that occur under his/her Account Number, whether or not it occurs with Subscriber's knowledge. Subscriber is also exclusively responsible for maintaining the confidentiality of his/her account information which includes but is not limited to your password and pin number, and is exclusively responsible for any failure to do so, and any results thereof. Subscriber agrees to immediately notify Asyncast by e-mail at of any unauthorized use of Subscriber's account or any other breach of security known to Subscriber. Subscriber may change his/her personal passwordat any time by following the instructions on the appropriate Asyncast web site ("Web Site").

Subscriber may only choose a telephone number as his/her Account Number if Subscriber is currently assigned that telephone number through the telephone company. Asyncast reserves the right to terminate Subscriber's account immediately if Subscriber chooses a number to which it is not currently assigned.

Asyncast reserves the right to modify the T's & C's from time to time. Any modifications shall be effective when they are posted on our Web Site. It is Subscriber's duty to periodically review the T's and C's and accept or reject them. Your continued use of the Service constitutes your acceptance of the modified T's and C's. If you do not accept the modified T's and C's you must stop using the Service immediately.

Asyncast reserves the right to modify or discontinue the Service with or without notice to Subscriber.

You must be at least 13 years old to subscribe to this Service. If you are under 13 years old, you may not subscribe. If you are between the ages of 13 and 18 years old and wish to subscribe, you must (i) read these T's and C's together with your parents or legal guardian and (ii) obtain their consent to subscribe to the Service. It is a parent or guardian's responsibility to monitor a minor's use of the Service.

Subscriber's right to use the Service is personal to Subscriber and Subscriber agrees not to sell or resell the Service to any third party without the express written consent of Asyncast.

Subscriber agrees not to transmit or display through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Subscriber further agrees not to transmit or display any material that encourages conduct that could constitute a criminal offense, give rise to civil claims of liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

Subscriber understands and agrees that Asyncast has the right to monitor, record, copy and store any and all of Subscriber's communications and data for the purposes of testing, improving and performing our Service. By using the Service you are agreeing to allow Asyncast to perform these acts.

Subscriber shall not interfere with another Subscriber's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

If Subscriber does not access the Service for sixty (60) days or more, Asyncast reserves the right to terminate Subscriber's account without notice.

Subscriber's use of the Service is subject to all applicable local, state, national and international laws and regulations. Subscriber agrees: (i) to comply with all such applicable laws, including but not limited to, US law regarding the transmission of technical data exported from the United States; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to the Service; and (iv) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Subscriber's conduct is subject to Internet regulations, policies and procedures. Subscriber will not use the Service for chain letters, junk mail, spamming or by use of distribution lists containing any person who has not given specific permission to be included on such a list and will comply with any and all applicable terms of service, authorized use policies, and other rules established by those Internet sites visited through the use of the Service.

Asyncast may, at its sole discretion, and without notice, immediately terminate the Service should Asyncast reasonably believe that Subscriber's conduct fails to conform with any of the T's & C's.

By default, ANI Spoofing is not allowed on Asyncast.

Subscriber acknowledges that all content displayed or transmitted through the Service, including but not limited to music, sound, video, graphics, data, text, multimedia, HTML and other materials ("Content") may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Subscriber may only use the Content as expressly authorized by the Service and/or individual Content provider. Subscriber may not copy, store, reproduce, distribute, display publish or create derivative works from the Content without due authorization.

Asyncast and the Asyncast logos, along with the other trademarks, logos and service marks ("Marks"), displayed on our Web Site are the property of Asyncast and other third parties. Such Marks may not be copied, downloaded or otherwise exploited without the express permission of Asyncast or such third party Mark owners.

Asyncast respects copyright law and expects our members to do the same. The Internet industry depends upon copyright law to enable content providers to get fairly compensated for their content. Unauthorized copying or distribution of content is an infringement of the copyright holder's rights. Asyncast reserves the right to terminate accounts of Subscribers who infringe upon the copyright, or other intellectual property rights, of others.

Asyncast has set a fixed upper limit on the amount of time a Subscriber may use the Service. If Subscriber hits his/her upper limit, Asyncast reserves the right to stop providing service to Subscriber for some period of time or terminate the Subscriber's account. Asyncast also retains the right, at its sole discretion, to change any of the capacity limits at any time.

Either Subscriber or Asyncast may terminate the Service without cause at any time, effective immediately. If you wish to terminate your use of the Service, your only recourse is to discontinue your use of it.

Upon termination of the Service by either party, Subscriber's right to use the Service immediately ceases. Subscriber shall have no right and Asyncast will have no obligation thereafter to forward any unread or unsent messages to Subscriber or any third party.

Asyncast may, at its discretion, broadcast or display notices or messages through the Service or on its Web Site or use any other reasonable means of communication to inform Subscriber of changes to the T's & C's, changes to the Service, termination of the Service or any other matter. Such broadcasts or displays shall constitute and be in lieu of any other form of notice to Subscriber.

Subscriber acknowledges and agrees that:

THE SERVICE INCLUDING THE CONTENT HEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THE SERVICE AND CONTENT AS PROVIDED HEREUNDER IS AT SUBSCRIBER'S SOLE RISK.

ASYNCAST AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY WITH RESPECT TO ANY OF THE SERVICES, INFORMATION, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE SERVICE IS COMPLEX AND MAY CONTAIN SOME NONCONFORMITIES, DEFECTS AND ERRORS. ASYNCAST AND IT SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET A SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE NONCONFORMITIES OR DEFECTS FOUND IN THE ASYNCAST TECHNOLOGY WILL BE CORRECTED.

ASYNCAST AND ITS SUPPLIERS MAKE NO WARRANTY AS TO THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS OR EFFECTIVENESS OF ANY CONTENT TRANSMITTED OR DISPLAYED THROUGH THE SERVICE, SPECIFICALLY WITH REGARD TO, BUT NOT LIMITED TO, DRIVING DIRECTION, TRAFFIC, CONTENT AND STOCK/MARKET QUOTE CONTENT. ALSO, ASYNCAST AND ITS SUPPLIERS SPECIFICALLY MAKE NO WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF ANY WEATHER REPORTS OBTAINED THROUGH THE SERVICE AND SUBSCRIBER IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. SUBSCRIBER SHOULD KEEP ADVISED OF THE SAME. SUBSCRIBER AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.

SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED, DISPLAYED OR OTHERWISE TRANSMITTED THROUGH THE SERVICE IS ACQUIRED DISPLAYED AND TRANSMITTED AT SUBSCRIBER'S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ASYNCAST IS NOT LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR TERMINATION OF THE SERVICE.

ASYNCAST IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT NOR ANY SUBSCRIBER COMMUNICATIONS, INCLUDING ANY ALLEGED THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, NOR ANY ALLEGED CRIME OR ALLEGED INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR FACILITATED THEREBY. SUBSCRIBER ACKNOWLEDGES THAT COMMUNICATIONS TRANSMITTED VIA THE SERVICE -PARTICULARLY BY USE OF CELLULAR OR MOBILE PHONE - ARE NOT COMPLETELY SECURE, AND THAT ASYNCAST MAKES NO ASSURANCES AS TO THE CONFIDENTIALITY OF ANY SUCH COMMUNICATIONS.

ASYNCAST AND ITS SUPPLIERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO BY SUBSCRIBER THROUGH THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; SUBSCRIBER AND ASYNCAST AGREE THAT ALL LEGALLY APPLICABLE EXCLUSIONS AND LIMITATIONS WILL APPLY.

Subscriber shall indemnify, defend and hold Asyncast, its parents, subsidiaries, affiliates, officers employees and other agents, harmless from and against any claims, suits or other proceedings and any and all damages, including attorneys' fees, made by any third party due to, or arising out of Subscriber's, or any third party using Subscriber's PIN or Account Number's, (i) breach of this agreement (ii) use of the Service, (iii) violation of the T's & C's, (iv) alleged infringement of any patent, copyright or other intellectual property right of any third party or, (v) alleged violation of any other claimed right of any third party.

Asyncast may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification. The assumption of such defense or control by Asyncast, however, shall not excuse Subscriber of any of its indemnity obligations.

IN NO EVENT SHALL ASYNCAST OR ITS SUPPLIER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM SUBSCRIBER'S USE OR INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ASYNCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL ASYNCAST'S LIABILITY TO SUBSCRIBER OR ANY THIRD PARTY EXCEED THE AMOUNT OF FEES PAID BY SUBSCRIBER FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; SUBSCRIBER AND ASYNCAST AGREE THAT ALL LEGALLY APPLICABLE EXCLUSIONS OR LIMITATIONS WILL APPLY.

IT IS NOT RECOMMENDED THAT SUBSCRIBERS OPERATE A CELLULAR PHONE WHILE DRIVING A MOTOR VEHICLE. ASYNCAST IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, HARM AND INJURY TO PERSONS AND PROPERTY RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE USE OR OPERATION OF A PHONE WHILE DRIVING A MOTOR VEHICLE.

The T's & C's shall be governed by and construed in accordance with the laws of the United States of America and the State of California, excluding its conflict of law provisions. In the event of any dispute between Subscriber and Asyncast, Subscriber and Asyncast agree to submit to the exclusive jurisdiction of the federal and state courts in Santa Clara County, California.

If after final appeals have been exhausted, any provision(s) of the T's & C's is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Asyncast's failure to exercise or enforce any right or provision of the T's & C's will not constitute a waiver of such right or provision as to any particular Subscriber or the Agreement in general in the future, unless expressly so stated by Asyncast in a writing.

No person not a party to this agreement shall have or acquire any rights by reason of this Agreement nor shall either Subscriber nor Asyncast have any obligation or liability whatsoever to any such person by reason of this Agreement, except as otherwise expressly provided for herein.

Subscriber and Asyncast agree that any cause of action arising out of or related to this Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.

Neither this Agreement nor any rights or obligations hereunder may be assigned by Subscriber.

Asyncast shall not be liable for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, acts of civil or military authority, labor disputes, fires, riots, wars, embargoes, epidemics, floods, unusually severe weather, or shortage or absence of power (including primary power and failure of backup systems).

The Section titles in the T's & C's are solely used for the convenience of the parties and the parties agree that the Section titles are to have no legal or contractual significance.

These T's & C's constitute the entire Agreement between Subscriber and Asyncast and supercede all prior agreements between the parties regarding the subject matter contained herein.