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This User Agreement describes the
terms and conditions applicable between SMSSEVA.COM and every person
(hereafter called 'Registe User' or User) who avails the 'SMSSEVA.COM' service
under the domain. If you do not agree to be bound by these terms and
conditions you may not use the SMSSEVA.COM website. Reasonable use of the
SMSSEVA.COM website shall automatically bound the user to this agreement. BY
COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU ARE
AGREEING TO BE BOUND BY THE SMSSEVA.COM TERMS OF SERVICES.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement, which includes those terms and conditions expressly set
out below and those incorporated by reference, before you may become a user of
the Site.
SMSSEVA.COM is only a virtual Venue, which facilitates users to send
SMSes.
The services offered under SMSSEVA.COM is just a DOT COM which promotes
wireless products and services. ssmsseva.com
is not an advertisement media site. It is important to realize that we offer
free SMS service to registered users so that they communicate information to
their known persons. (Communication should be between two known persons). The
Site acts as a venue, which allows registered users to communicate information
anything, which is legal, at any time, from anywhere, within India. SMSSEVA.COM
has no obligation to observe and monitor the service. However, we reserves the
right to review materials posted and to remove any material/s. SMSSEVA.COM
reserves the right to block all messages from the list whose content is legally
categorized as explicit, obscene, adult and pornographic in nature. SMSSEVA.COM
also reserves the right to terminate your access to any or all of the services,
at any time, without notice, for any reason whatsoever. It is difficult to
monitor all the messages by reviewing or taping the messages provided by users,
through our Site. As a result, we have no control over the truth or accuracy of
the messages. We may not ensure you that all messages sent by registeRed users
may reach the destination mobile. We are not responsible for undelivered
messages.
Restricted Messages. You
must not send messages like abuse, adultery content, insulting content, etc
which we do not permit on the Site, We do not accept any obligation to protect
you for sending restricted messages on our Site. smsseva.com free site is not
mint for communicating advertisement messages. Such sales and marketing messages
are restricted in our site.
Identity verification. We
use many techniques to verify the accuracy of the users information provided to
us when they register on the Site. However, because user verification on the
Internet is difficult, SMSSEVA.COM cannot and does not confirm the purported
identity of users or the validity of the information which users post to the
Site. So we are assuming that the information provided by the registeRed users
is accurate and valid. Later by any other means, if we found the registeRed
user's information is not valid or inaccurate, we had every right to take legal
action against that registeRed user.
All postings (messages, text, files, other Content) transmitted through the
Site, are the sole responsibility of the registeRed users from whom such Content
originated. RegisteRed users are entirely responsible for all Content that they
send, or otherwise make available through the Site. For all Content provided by
registeRed users, they automatically agree to indemnify Provider as provided
below.
By sending or
otherwise posting any Content on the Site, you represent and warrant:
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Your own content like jokes,
puzzles, sayings, etc have all necessary rights, but not limited to copyrights
to the
content you provide and we have every right to use it as provided in this
Terms of Service;
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All information you provide is
true, accurate, current and complete, and does not violate these Terms of
Service;
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The content will not cause injury
to any person or entity.
You agree not to
send, transmit, distribute messages in these or any other forms through our
SMSSEVA site such as:
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Libelous, defamatory, obscene,
abusive, pornographic, threatening, or an invasion of privacy;
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An infringement of the
intellectual property rights, including, but not limited to, copyrights and
trademarks, of any person or entity;
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Illegal in any way or which
advocate illegal activity;
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Any advertisement regarding
various marketing and sales activities of goods, or services.
1. Services
MODIFICATION OF THESE TERMS OF SERVICE
SMSSEVA.COM
reserves the right to change any of the terms, conditions, and notices under
which the services are offered. You are responsible for regularly reviewing
these terms and conditions including changes/modifications if any incorporated
by us from time to time. Your continued use of 'The Service' constitutes your
agreement to all such terms, conditions, and notices. SMSSEVA.COM makes no
guarantees as to the continuous availability of the Service or any specific
feature's of the Service.SMSSEVA.COM reserves the right to change or terminate
the Service and/ or alter the terms and conditions of this Agreement at any time
with on 14 days ' notice or without notice in some cases. Service termination
occurs are addressed in the sections below.
Messages shall be deemed to have been delivered when SMSSEVA.COM has
delivered/sent the messages to the immediate destination that SMSSEVA.COM's
software is programmed to do, including SMTP servers, Mobile telephone networks,
or any other intermediary server or API that is deemed to be the point of
dispatch of the message. SMSSEVA.COM does not guarantee delivery on behalf of
Mobile telephone network.
2.
Membership Eligibility
Our services are not available to, and may not be used by, persons under the age
of 18 years or to temporarily or indefinitely suspended SMSSEVA.COM members. If
you are under 18 years old, you can use this service only in conjunction with
and under the supervision of a parent or guardian. If you do not qualify, please
do not use our services. Membership is allotted to individuals only. Other than
individuals such as Business entities, clubs, associations, NGO, organizations,
governing bodies, should not entitled to use our free services They need to take
paid service.
3. User ID
You must choose a User ID and password on completion of registration. You are
responsible for all actions taken under your account and shall only use or
utilize the Site using your own User ID and password. You must use every effort
to keep your password safe and should not disclose it to any other person. You
shall also not permit, either directly or indirectly, any other person to
utilize your User ID or password. We are not responsible, if any other person
misuses the service by logging into your account. smsseva.com will not be held
liable to any third party claims and/or actions taken with respect to services
offered.
4. Risks
The customer agrees that, by definition, access to the Internet, the GSM and
CDMA networks and other communication media is associated with risks concerning
authentication, data security, privacy, availability of services, reliability of
transmission etc. - The customer agrees to bear full and exclusively
responsibility arising from such risks and consequences of the customer's usage
of ssmsseva.com services.
5. Member
Privacy
It is SMSSEVA.COM policy to respect the privacy of the User. SMSSEVA.COM will
not monitor, edit, or disclose any personal information about the User or the
User's SMSSEVA account, including its contents, without the User's prior
permission unless SMSSEVA.COM has a good faith belief that such action is
necessary to: (1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of SMSSEVA.COM; (3) enforce this
Service Agreement or protect SMSSEVA.COM business or reputation, including
without limitation upon termination, cancellation or suspension of this
Agreement by SMSSEVA.COM; (4) respond to request for identification in
connection with claim of copyright or trademark infringement by the User, or a
claim by a third party that the User is using the Service in connection with an
infringing, illegal or improper activity; or (5) act to protect the interests of
the User or others. SMSSEVA.COM suggest the Sender's name.we display mobile
number with each message that the end-user sends.
The User agrees that SMSSEVA.COM may access their account, including its
contents, as stated above or to respond to service or technical issues.
The ssmsseva.com also provides free service to the registeRed users. You, "The
User", also comprehend and concur that 'This Free Service' may include
advertisements and sponsorships and that these are necessary for SMSSEVA to
provide the service. Various advertisers sponsor free SMSSEVA.COM messages so
that registeRed users tend to get sponsored ads at the end of their messages. We
may serve advertisements to this site or work with a third party to serve the
advertisements. Advertisements placed on the site may include but are not
limited to banner ads, paid links, pop-up windows, buttons, and sponsorships.
You agree that SMSSEVA.COM has the right to run such advertisements and
promotions. The Service is provided ?as is? without warranty of any kind.
SMSSEVA.COM hereby disclaim all warranties and conditions with regard to
"The Service".
6. MESSAGE
AND OTHER LIMITATIONS
SMSSEVA.COM assumes no responsibility for the deletion or failure to store
information. SMSSEVA.COMhas set no fixed upper limit on the number of messages
the User may send UNLIMITED personal messages; however, SMSSEVA.COM
reserves the right, at its sole discretion, to determine whether or not the
User's conduct is consistent with the letter and spirit of the Service Agreement
and may terminate the Service if the User's conduct is found to be inconsistent
with the Agreement. SMSSEVA.COM may, in the future, with prior notification.
The sender ID that may be sent as part of mobile text messages is not a
guaranteed feature and may not be sent without any notification.
Although SMSSEVA.COM prides itself on speedy delivery of messages, messages may
be delivered late due to queuing or network traffic. This will still result in
the message being seen as "delivered".
7. MEMBER
CONDUCT
Any unauthorized commercial use of the Service, is expressly prohibited. The
User agrees to abide by all applicable local, national and international laws
and regulations and is solely responsible for all acts or omissions that occur
under its account or password, including the content of any transmissions
through the Service. By way of example, and not as a limitation, the User agrees
not to:
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Use the Service in connection with
junk SMS messages, spamming or any unsolicited messages (commercial or
otherwise);
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Harvest or otherwise collect
information about others, including email addresses, without their consent;
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Create a false identity mobile
phone address or header, or otherwise attempt to mislead others as to the
identity of the sender or the origin of the message;
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Transmit through the Service,
associate with the Service or publishing with the Service unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature;
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Transmit any material that may
infringe the intellectual property rights or other rights of third parties,
including trademark, copyright or right of publicity;
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Libel, defame or slander any
person, or infringe upon any person's privacy rights;
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Transmit any material that
contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other
harmful or deleterious programs;
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Interfere with or disrupt networks
connected to the Service or violate the regulations, policies or procedures of
such networks;
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Attempt to gain unauthorized
access to the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means;
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Interfere with another User's use
and enjoyment of the Service or another entity's use and enjoyment of similar
services; or
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Engage in any other activity that
SMSSEVA believes could subject it to criminal liability or civil penalty or
judgment.
8.
Termination or Cancellation by the User
The User is free to terminate or cancel this Agreement at any time, and for any
reason; provided, however, for such termination or cancellation to be effective,
the User must carry out such termination in accordance with the policies and
procedures established bySMSSEVA.COM, which will be posted in the Billing
Information section or similar location within the SMSSEVA.COM web site. Any
questions concerning the appropriate method by which to cancel this agreement
should be addressed to info@smsseva.com.
The User acknowledges that ssmsseva.com is dependant on various
telecommunications networks and institutions for the delivery of its messages
and that SMSSEVA.COM may adjust its offering, should the offers be adjusted due
to reasons, which are not in SMSSEVA.COM control. SMSSEVA.COM undertakes to
notify the User of such adjustments in writing, prior to implementing such
adjustments. If there are no proper name and addres of the User's account,
the said account will be deactivates.. The account will be re-activated upon
providing the information.
Termination, Cancellation and/or Suspension by
SMSSEVA.COM: Disclosure
of Information. This Agreement and the license granted here under may be
terminated, canceled and/or suspended by
SMSSEVA.COM
at any time if,
SMSSEVA.COMsole
discretion, the User breaches these Terms of Service. Such termination,
cancellation and/or suspension by
SMSSEVA.COM
shall be effective immediately upon notification by
SMSSEVA.COM
to the User in any reasonable manner, including but not limited to, notification
by e-mail. Upon, during, and/or after any such breach,
SMSSEVA.COM
may elect to suspend, terminate and/or cancel this Agreement and/or recover any
and all damages from the User arising from or relating to the event's giving
rise to the suspension, termination or cancellation.
SMSSEVA.COM
reserves the right to suspend the User's service at any stage for any reason it
may deem necessary to continue to provide any of its services in a way that may
be hindered by the User's status as being a
SMSSEVA.COM
Client, financial status of the User or the content of the messages originating
from the User.
9. NO
WARRANTIES OR LIABILITIES
ISMSSEVA.COM (INCLUDING ITS OWNERS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE
PROVIDE RS, PARTNERS, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DAMAGE,
LOSS OR LIABILITY OF ANY NATURE Incurred BY WHOMEVER AND RESULTING FROM USE OF
THE SERVICE AND THE INTERNET GENERALLY, ACCESS TO THE SMSSEVA WEBSITE, ACCESS TO
WEBSITES LINKED TO T HE SMSSEVA WEBSITE, INABILITY TO ACCESS THE SMSSEVA
WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE SMSSEVA WEBSITE, CONTENT
AVAILABLE ON THE SMSSEVA WEBSITE, SERVICES AVAILABLE FROM THE SMSSEVA WEBSITE,
PRODUCTS AVAILABLE FROM THE SMSSEVA WEBSITE, DOWNLOADS AND USE OF CONTENT FROM
THE SMSSEVA WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO SMSSEVA'S
GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS
OWN RISK AND THAT SMSSEVA.COM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY
WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. SMSSEVA.COM WILL USE
COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO SMSSEVA AVAILABLE TO THE USER
THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT
THE USER WILL BE ABLE TO ACCESS SMSSEVA AT ANY PARTICULAR TIME OR ANY PARTICULAR
LOCATION.
Whilst SMSSEVA.COM will ensure that the service is reasonably available at all
times, and will at all times endeavor to maintain connections to as many
aggregators, gateways and Carriers as are, in its discretion, commercially
viable and make all upgrades to the SMSSEVA.COM API available to The User in a
commercially reasonable and timely manner, the User acknowledges that
SMSSEVA.COM cannot guarantee the availability of a Carrier's SMSC. Information,
ideas and opinions expressed on the SMSSEVA.COM website should not be regarded
as professional advice or the official opinion of SMSSEVA.COM, and Users are
encouraged to consult professional advice before taking any course of action
related to the information, ideas or opinions expressed on the SMSSEVA.COM
website.
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