This User Agreement describes the terms and conditions applicable between SMSNet.in
and every person (hereafter called 'Registe User' or User) who avails
the 'SMSNet.in' service under the domain and sub-domains at http://www.SMSNet.in.
If you do not agree to be bound by these terms and conditions you may not use the
SMSNet.in website. Reasonable use of the SMSNet.in 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 IT SUPPORT 4 DELHI 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.
SMSNet.in is only a virtual Venue, which facilitates users to send SMSes
The services offered under SMSNet.in is powered by IT Support 4 Delhi.
SMSNet.in is just a DOT COM which promotes IT Support 4 Delhi products
and services. SMSNet.in 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. IT Support 4 Delhi
has no obligation to observe and monitor the service. However, we reserves the right
to review materials posted and to remove any material/s. IT Support 4 Delhi reserves
the right to block all messages from the list whose content is legally categorized
as explicit, obscene, adult and pornographic in nature. IT Support 4 Delhi 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. SMSNet.in 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, IT Support 4 Delhi 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:
(i) 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;
(ii) All information you provide is true, accurate, current and complete, and does
not violate these Terms of Service;
(iii) 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 SMSNet.in site such as:
1. Libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion
of privacy;
2. An infringement of the intellectual property rights, including, but not limited
to, copyrights and trademarks, of any person or entity;
3. Illegal in any way or which advocate illegal activity;
4. Any advertisement regarding various marketing and sales activities of goods,
or services.
1. Services
MODIFICATION OF THESE TERMS OF SERVICE
IT Support 4 Delhi 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. IT Support 4 Delhi makes no guarantees
as to the continuous availability of the Service or any specific feature(s) of the
Service. IT Support 4 Delhi reserves the right to change or terminate the Service
and/ or alter the terms and conditions of this Agreement at any time with on 15
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 SMSNet.in has delivered/sent
the messages to the immediate destination that SMSNet.in'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. IT Support 4 Delhi
does not guarantee delivery on behalf of Mobile telephone networks of
mail servers.
2. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement and Indian Law, IT Support 4 Delhi
grants the User an individual, personal non-sub licensable, non-exclusive
and non-transferable license ("the License") to use its proprietary software and/or
application service, in object code form only, and only in accordance with the applicable
end user documentation, if any, and only in conjunction with the IT Support 4 Delhi
service Agreement. The User will not, directly or indirectly, reverse engineer,
de-compile, disassemble or otherwise attempt to establish the source code or underlying
ideas or algorithms of the software; modify, translate, or create derivative works
based on the software/ application; or copy (except for archival purposes), rent,
lease, distribute, assign, or otherwise transfer rights to the software/application;
use the software/application for timesharing or service bureau purposes or otherwise
for the benefit of a third party; or remove any proprietary notices or labels with
regard to IT Support 4 Delhi products and/or services. As between the parties,
the User acknowledges that IT Support 4 Delhi, and its licensors retain ownership
of all propriety applications, software, intellectual property "IP" (Intellectual
Property) and any portions or copies thereof, and all rights therein. Upon termination
of this Service Agreement for any reason, this License will terminate and the User
shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED
AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING
BY THE USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.
3. 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 SMSNet.in 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 service.
4. 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. IT Support 4 Delhi will not be held liable to any third party claims
and/or actions taken with respect to services offered.
5. 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 SMSNet.in services.
6. Member Privacy
It is IT Support 4 Delhi policy to respect the privacy of the User. IT Support 4 Delhi
will not monitor, edit, or disclose any personal information about the User or the
User's SMSNet.in account, including its contents, without the User's prior permission
unless IT Support 4 Delhi 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 IT Support 4 Delhi; (3) enforce this Service
Agreement or protect IT Support 4 Delhi business or reputation, including without
limitation upon termination, cancellation or suspension of this Agreement by IT Support 4 Delhi;
(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. IT Support 4 Delhi
suggest the Sender's name and/or email address should be with each message that
the end-user sends.
The User agrees that IT Support 4 Delhi may access their account, including its
contents, as stated above or to respond to service or technical issues.
The SMSNet.in 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 SMSNet.in to provide the service.
Various advertisers sponsor free SMSNet.in 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 SMSNet.in has the right to run
such advertisements and promotions. The Service is provided ?as is? without warranty
of any kind. IT Support 4 Delhi hereby disclaim all warranties and conditions with
regard to "The Service".
7. MO AND PREMIUM RATED SERVICES
IT Support 4 Delhi services relating to Mobile Originated ("MO") and Bi-directional
messaging are described in "Appendix to HTTP, SMTP, FTP, XML, SMPP and COM API 1.9
and 2.0 MO and Bi-directional Messaging Services Only" ("MO terms"). Should there
be a discrepancy between the MO Terms and this agreement, this agreement shall prevail.
IT Support 4 Delhi offers MO and premium rated services ("premium rated services")
in certain territories. This is subject to change and can be confirmed with SMSNet.in
from time to time.
Any User wishing to use SMSNet.in's premium rated services shall do so subject to
such terms and conditions as may be imposed by IT Support 4 Delhi in its premium
rated Quotation forms
The costs associated with the premium rated services shall be as set out in the
quotation form. SMSNet.in will collect MO messages and pass these on to the
User in the methods described by IT Support 4 Delhi. The User will be responsible
for content of the service, as well as the cost of any and all bearer charges to
provide the content to the end-client. The User shall not use, or knowingly allow
others to use, the lines (MO Numbers) for any purpose, which in SMSNet.in opinion
is improper, immoral or unlawful. The User will not act, or omit to act, in any
way likely to injure or damage any person, property or the SMSNet.in gateway or
cause the quality of the MO number lines or SMSNet.in's service in general to be
impaired or interrupted in any manner whatsoever. IT Support 4 Delhi shall be entitled,
at any time, and without liability to the User or any third party, to modify, expand,
improve, maintain or repair the IT Support 4 Delhi service or the MO number ranges,
notwithstanding that this may require suspending the operation of the IT Support 4 Delhi MO service.
IT Support 4 Delhi shall use its reasonable endeavors to
provide the User with advance notice of any such suspension and to minimize the
duration thereof in so far as this is reasonably practical.
The User warrants that their MO SMS Services do not and will not contravene any
laws or regulations of the Indian Law, or the countries in which these services
are offered, and in particular any laws relating to privacy, spamming, gaming and
gambling and the User indemnifies, holds harmless and shall defend IT Support 4 Delhi
against any claim, action or damage suffered or incurred by IT Support 4 Delhi
as a result of a breach by the User of this warranty.
PLEASE NOTE: In order to ensure that IT Support 4 Delhi complies with industry
codes of conduct, users are obliged to route all MT messages related or associated
directly or indirectly with any SMSNet.in hosted short code via SMSNet.in's messaging
gateway. This will enable SMSNet.in to ensure that all premium rated and short
code messaging services offer the required confirmation messages as stipulated by
the various codes of practice and that such messages can be validated as having
been submitted. IT Support 4 Delhi shall be entitled to immediately terminate the
User's services if the User does not comply with the provisions of this clause,
without any liability to the User or any third party .
The User will not be entitled to use any of SMSNet.in's trademarks (whether registered
or unregistered) or to make reference to SMSNet.in in any advertising, publication
or communication related to the MO or bi-directional SMS Services or otherwise,
other than such usage as permitted by IT Support 4 Delhi in writing.
Should the User's account be used by users for such networks as IT Support 4 Delhi
charges for incoming messages, the User shall be responsible for such costs in full.
These charges are published by IT Support 4 Delhi from time to time, and can be
amended by IT Support 4 Delhi as and when IT Support 4 Delhi deems it necessary.
IT Support 4 Delhi shall have the right to subtract such message credits as are
necessary to Redeem the said charges from the User's SMSNet.in account.
8. MESSAGE AND OTHER LIMITATIONS
IT Support 4 Delhi assumes no responsibility for the deletion or failure to store
information. IT Support 4 Delhi has set no fixed upper limit on the number of messages
the User may send through the Service apart from how many units are left in the
User's account; however, IT Support 4 Delhi 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. IT Support 4 Delhi may, in the
future, with prior notification, limit the amount of storage space available to
each Member.
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 IT Support 4 Delhi 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".
9. 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:
i. Use the Service in connection with junk SMS messages, spamming or any unsolicited
messages (commercial or otherwise);
ii. Harvest or otherwise collect information about others, including email addresses,
without their consent;
iii. 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;
iv. 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;
v. Transmit any material that may infringe the intellectual property rights or other
rights of third parties, including trademark, copyright or right of publicity;
vi. Libel, defame or slander any person, or infringe upon any person's privacy rights;
vii. Transmit any material that contains viruses, Trojan horses, worms, time bombs,
cancel bots, or any other harmful or deleterious programs;
viii. Interfere with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks; ix. 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;
x. Interfere with another User's use and enjoyment of the Service or another entity's
use and enjoyment of similar services; or
xi. Engage in any other activity that SMSNet.in believes could subject it to criminal
liability or civil penalty or judgment.
10. NO WARRANTIES OR LIABILITIES
IT SUPPORT 4 DELHI (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 SMSNet.in WEBSITE, ACCESS TO WEBSITES
LINKED TO THE SMSNet.in WEBSITE, INABILITY TO ACCESS THE SMSNet.in WEBSITE; INABILITY
TO ACCESS WEBSITES LINKED TO THE SMSNet.in WEBSITE, CONTENT AVAILABLE ON THE SMSNet.in
WEBSITE, SERVICES AVAILABLE FROM THE SMSNet.in WEBSITE, PRODUCTS AVAILABLE FROM
THE SMSNet.in WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE SMSNet.in WEBSITE,
AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO SMSNet.in'S GROSS NEGLIGENCE AND
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT IT SUPPORT 4 DELHI
IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS
WHATSOEVER, EXPRESS OR IMPLIED. IT SUPPORT 4 DELHI WILL USE COMMERCIALLY REASONABLE
EFFORTS TO MAKE ACCESS TO SMSNet.in AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS
PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS
SMSNet.in AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
Whilst IT Support 4 Delhi 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 SMSNet.in API available to The User in a commercially
reasonable and timely manner, the User acknowledges that IT Support 4 Delhi cannot
guarantee the availability of a Carrier's SMSC. Information, ideas and opinions
expressed on the SMSNet.in website should not be regarded as professional advice
or the official opinion of IT Support 4 Delhi, and Users are encouraged to consult
professional advice before taking any course of action related to the information,
ideas or opinions expressed on the SMSNet.in website.