This User Agreement describes the terms and conditions applicable between SMS78.COM
and every person (hereafter called 'Registered User' or User) who avails the 'sms78.com'
service under the domain and sub-domains at http://sms78.com.
If you do not agree to be bound by these terms and conditions you may not use the
sms78.com website. Reasonable use of the sms78.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 SMS78.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.
sms78.com is only a virtual Venue, which facilitates users to send SMSes
The services offered under sms78.com.com is powered by SMS78.COM Pvt. Ltd. sms78.com
is just a DOT COM which promotes SMS78.COM wireless products and services.
sms78.com.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. SMS78.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. sms78.com reserves the right to block
all messages from the list whose content is legally categorized as explicit, obscene,
adult and pornographic in nature. SMS78.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. sms78.com.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, SMS78.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:
(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 sms78.com 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
sms78.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. SMS78.COM makes no guarantees as to
the continuous availability of the Service or any specific feature(s) of the Service.
SMS78.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 sms78.com has deliveRed/sent
the messages to the immediate destination that sms78.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. SMS78.COM
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, SMS78.COM
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 sms78.com 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 sms78.com
products and/or services. As between the parties, the User acknowledges that SMS78.COM
, 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 sms78.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 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. SMS78.COM 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 sms78.com.com services.
6. Member Privacy
It is SMS78.COM policy to respect the privacy of the User. SMS78.COM will not monitor,
edit, or disclose any personal information about the User or the User's sms78.com
account, including its contents, without the User's prior permission unless Sunsilica
Solutions 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 SMS78.COM; (3) enforce this Service Agreement or protect SMS78.COM
business or reputation, including without limitation upon termination, cancellation
or suspension of this Agreement by SMS78.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. SMS78.COM suggest the Sender's name and/or email address should
be with each message that the end-user sends.
The User agrees that SMS78.COM may access their account, including its contents,
as stated above or to respond to service or technical issues.
The sms78.com.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 sms78.com to provide the service.
Various advertisers sponsor free sms78.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 sms78.com has the right to run
such advertisements and promotions. The Service is provided ?as is? without warranty
of any kind. sms78.com hereby disclaim all warranties and conditions with
regard to "The Service".
7. MO AND PREMIUM RATED SERVICES
sms78.com 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.
sms78.com offers MO and premium rated services ("premium rated services")
in certain territories. This is subject to change and can be confirmed with sms78.com.com
from time to time.
Any User wishing to use sms78.com's premium rated services shall do so subject to
such terms and conditions as may be imposed by sms78.com in its premium
rated Quotation forms
The costs associated with the premium rated services shall be as set out in the
quotation form. sms78.com.com will collect MO messages and pass these on to the
User in the methods described by SMS78.COM. 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 sms78.com.com 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 sms78.com gateway or cause the quality
of the MO number lines or sms78.com's service in general to be impaiRed or interrupted
in any manner whatsoever. SMS78.COM shall be entitled, at any time, and without
liability to the User or any third party, to modify, expand, improve, maintain or
repair the SMS78.COM service or the MO number ranges, notwithstanding that this
may require suspending the operation of the SMS78.COM MO service. sms78.com
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 SMS78.COM against
any claim, action or damage suffeRed or incurRed by SMS78.COM as a result of a breach
by the User of this warranty.
PLEASE NOTE: In order to ensure that SMS78.COM complies with industry codes of conduct,
users are obliged to route all MT messages related or associated directly or indirectly
with any sms78.com hosted short code via sms78.com's messaging gateway. This will
enable sms78.com 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. SMS78.COM 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 sms78.com's trademarks (whether registeRed
or unregisteRed) or to make reference to sms78.com in any advertising, publication
or communication related to the MO or bi-directional SMS Services or otherwise,
other than such usage as permitted by SMS78.COM in writing.
Should the User's account be used by users for such networks as sms78.com
charges for incoming messages, the User shall be responsible for such costs in full.
These charges are published by sms78.com from time to time, and can be
amended by SMS78.COM as and when SMS78.COM deems it necessary. SMS78.COM shall have
the right to subtract such message cRedits as are necessary to Redeem the said charges
from the User's sms78.com account.
8. MESSAGE AND OTHER LIMITATIONS
sms78.com assumes no responsibility for the deletion or failure to store
information. SMS78.COM 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, sms78.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. SMS78.COM 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 SMS78.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".
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 sms78.com believes could subject it to criminal
liability or civil penalty or judgment.
10. NO WARRANTIES OR LIABILITIES
sms78.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 sms78.com WEBSITE, ACCESS TO WEBSITES
LINKED TO T HE sms78.com WEBSITE, INABILITY TO ACCESS THE sms78.com WEBSITE; INABILITY
TO ACCESS WEBSITES LINKED TO THE sms78.com WEBSITE, CONTENT AVAILABLE ON THE sms78.com
WEBSITE, SERVICES AVAILABLE FROM THE sms78.com WEBSITE, PRODUCTS AVAILABLE FROM
THE sms78.com WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE sms78.com WEBSITE,
AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO sms78.com'S GROSS NEGLIGENCE
AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT
sms78.com IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES
OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. SMS78.COM WILL USE COMMERCIALLY REASONABLE
EFFORTS TO MAKE ACCESS TO sms78.com AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS
PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS
sms78.com AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
Whilst SMS78.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 sms78.com API available to The User in a commercially reasonable and timely
manner, the User acknowledges that SMS78.COM cannot guarantee the availability of
a Carrier's SMSC. Information, ideas and opinions expressed on the sms78.com website
should not be regarded as professional advice or the official opinion of SMS78.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 sms78.com
website.