TERMS OF USE
Please read the
following terms carefully before accepting these Terms by signing the server.rentsms.com Service Agreement. This is a legally
valid agreement that lays out the terms and conditions for the use of all
services which comes under server.rentsms.com
Service agreed by you. The usage of the service is limited under all the terms
& conditions herewith published. This agreement shall be governed by the
rules and regulations of the authorities of the government of India. All
notices under this agreement will be considered as written and have been duly
signed once the same is electronically confirmed.
SERVICE USAGE POLICY
You are solely
responsible for all acts or omissions that occur under your account, including
the content of the messages transmitted through the service. You agree to abide
by all applicable local, national and international laws and regulations. The
SMS service that sends/receives messages to/from mobile phones is maintained by
server.rentsms.com. The utilization of the SMS
service is subject to the following Terms of Service.
- Any illegal use of the SMS service is strictly
prohibited.
- Messages containing sexual, racist or discriminatory
content or any such usage of them may be considered as harassment and you
are to be held responsible for this. server.rentsms.com
does not assume any liability for the content of messages sent.
- server.rentsms.com will be exempt from any claim that may arise from
third parties as a result of message content.
- You guarantee that the content of any SMS always
respects and does not in any way conflict with fundamental human rights or
will follow the norms of Intellectual Property Right laws. (E.g. right to
privacy, prohibition of discrimination on any ground such as sex, race,
color, language, religion, political or other opinion, national or social
origin).
- You accept that the service is provided for
professional use only and you agree not to use it to:
·
Mislead others as to
the identity of the sender of your messages, by creating a false identity,
impersonating the identity of someone/something else or by providing contact
details that do not belong to you.
·
Send unsolicited
messages (i.e. mobile spam) and to therefore ensure that your messages are only
sent to individuals that have given you their permission.
·
Harvest, or otherwise
collect information about others, without their consent.
·
Transmit any material
that may infringe upon the intellectual property rights of third parties
including trademarks, copyrights or other rights of publicity.
·
Transmit any material
that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any
other harmful/deleterious programs.
·
Interfere with, or
disrupt, networks connected to the service or violate the regulations, policies
or procedures of such networks.
·
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.
·
Interfere with others
use and enjoyment of the service.
·
Engage in any other
activity that Team server.rentsms.com believes could
subject it to criminal liability or civil penalty/judgment.
·
Promote alcohol,
music, dancing, dating, gambling or deception.
·
Transmit, associate or
publish any unlawful, racist, harassing, libelous, abusive, threatening,
demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable
material of any kind. As a general guideline, if your content is not suitable
for ages 13+, it most likely goes against our Usage Policy
- You acknowledge that server.rentsms.com
delivers SMS messages via major telecom operators and can therefore only
influence the delivery transmission of SMS messages within the technical
constraints imposed. SMS messages submitted via Internet will be
transferred to mobile network providers, provided that the recipient's
phone is switched on and doesn't have a full memory and is located in an
area covered by its subscribed mobile network provider. You acknowledge
that, depending on the recipient's mobile provider service, it may not be
possible to transmit the SMS message to the recipient successfully.
- You are responsible for the privacy and storage of the
user-name and password. You agree that all activities made through your
account are legally bonded to you.
- server.rentsms.com neither claims nor guarantees the availability or
performance of this service and accepts no liability for transmission
delays or message failures. While server.rentsms.com
makes every effort to deliver messages promptly.
- server.rentsms.com doesn't refund the credits for undeliverable SMS
messages to you because we cannot guarantee delivery of the SMS messages
to recipients due to possible errors. server.rentsms.com debits transmitted SMS
messages according to its transmission logs. These logs are deemed correct
and valid even if the customer has objected to the correctness of the
accounting records, except if investigation by server.rentsms.com
has produced evidence of a technical problem or error.
- server.rentsms.com reserves
the right to exclude you from using this service, refunding you any
remaining amount in your account. All purchases must be considered as
final, in compliance with our no refund policy.
- The SMS account balance is non-refundable and does not
bear interest. All the SMS must be used in the validity period from the
date of the purchase and no carry forward of the credits will be made
unless otherwise defined in a separate contract.
- You under take the whole responsibilities regarding the
messages sending through server.rentsms.com
services from your account, which are transmitted as per your request.
- You shall indemnify and reimburse server.rentsms.com
all liabilities, costs, losses and damages, in case of any claim brought
against server.rentsms.com from any third party
due to breach of contract.
In consideration of your use of server.rentsms.com
Services, You agree to be solely responsible for:
1. Providing true, accurate, current and complete information
about You as prompted by the SMS Service Agreement ("Agreement"), and
2. Maintaining and promptly updating the Data to keep it true,
accurate, current and complete. If you provide any information that is false,
inaccurate, out of date, or incomplete, or server.rentsms.com
Services has reasonable grounds to suspect that such information is false,
inaccurate, not current, or incomplete, server.rentsms.com
Services may suspend or terminate Your account. This also applies to any of
your applications causing any damage or disturbance to server.rentsms.com
Services systems.
MODIFICATION OF TERMS
We frequently update,
modify and otherwise continually seek to improve the service and such changes
often dictate that we simultaneously modify the terms and conditions of use. As
such, we have the right to modify the terms of this agreement and to change or
discontinue any aspect or feature of our service, in either case, as it deems
reasonably necessary. If you do not agree with any such changes, your use of
the service may be cancelled in accordance with the procedures for cancellation
set forth in this agreement. You acknowledge your responsibility to review this
agreement from time to time and to be aware of any such changes and, should you
request, we will be happy to keep you informed if/when such changes take place.
Furthermore, you accept that should there be a contradiction between other
specific terms & conditions and these general terms & conditions, the
other specific terms & conditions shall apply.
LIMITATION OF
LIABILITY
Whilst we will take
all reasonable steps to deliver your messages to recipients as fast as
possible, we cannot commit to, or guarantee, a specific delivery time. Such
times depend on various network and system-related factors among the various
entities involved in the transportation of your messages across the cellular
mobile networks.
Furthermore, delivery reports and the originator are operator dependant
features and so it is not possible for us to give 100% guarantees for their
availability. We recommend that tests should be conducted beforehand when these
features are considered to be of high importance.
You acknowledge that as we send and receive text-messages via major
telecommunications companies and Mobile Network Operators, our influence over
the transmission of your messages is within the technical constraints imposed
upon us.
Our responsibility is therefore to ensure that the text-messages you send
through the service are processed correctly and delivered to the assigned
entity. We are not responsible for the final delivery of the message, as this
is out of our control and is the responsibility of the Mobile Network Operator.
SMS that cannot be delivered within the life span allocated to them, either by
us or a Mobile Network Operator will be discarded by the Mobile Network
Operator, without any notice. We are not liable for any loss incurred by the
failure of a message to be delivered and you acknowledge that damages for
financial or other loss resulting from delivery failure cannot be claimed from server.rentsms.com. Furthermore, you agree that message
contents are deemed to have zero value.
You also acknowledge that text-messages are transmitted unencrypted and that
eavesdropping of mobile phone communications, including SMS delivery, by third
parties is possible. We also recommend that you ensure sensitive and valuable
information is communicated by a number of communication methods.
Furthermore, use of the service and the Internet is at its own risk and that
the service is provided "as is" and "as available", without
any warranties or conditions whatsoever, expressed or implied. We will use all
commercially reasonable efforts to make access to the service available through
the required access protocols, but make no warranty or guarantee that you will
be able to access the service at any particular time or any particular
location. Without limiting the generality of the terms set forth, we and our
affiliates, agents, content providers, service providers, and licensees
Hereby disclaim all express and implied warranties as to the accuracy,
completeness, non-infringement, merchantability or fitness for particular
purpose of the service generally, and any content or services contained
therein, as well as all express and implied warranties that the operation of
the service generally and any contentor services
contained therein will be uninterrupted or error-free.
Shall in no event be liable for any inaccuracy, error or omission in, or loss,
injury or damage caused in whole or in part by failures, delays or interruptions
of the service generally, and any aspect ancillary thereto; you agree to
indemnify us for any third party claims arising from such failures, delays or
interruptions in connection with regard to the use of the service.
Notwithstanding anything to the contrary contained herein, the provisions
outlined above are for the benefit of server.rentsms.com
and its affiliates, agents, content providers and service providers and each
shall have the right to assert and enforce such provisions directly on its own
behalf.
DATA PROTECTION
server.rentsms.com Services will handle Your Data according to
legal requirements and respect Your desire for privacy. This especially applies
to registration, storing and passing on of Your Data.
TERMINATION
If at any time you
breach the terms & conditions of the service, we may elect to suspend,
terminate and/or cancel this agreement and/or recover any damages from you
arising from the event(s) giving rise to the suspension, termination or
cancellation. We reserve the right to suspend your service at any stage for any
reason we may deem necessary to continue to provide any of our services in a
way that may be hindered by your status as being our client, your financial
status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still
responsible for any obligations then accrued. Payment and other obligations
under this agreement are not suspended, stayed, or otherwise affected by a
suspension of access to / or use of the service (in whole or in part) where
said suspension arises from your failure to comply with, or violation of, the
terms of this agreement or of any law or legal obligation. Upon termination
and/or cancellation, for any reason, you agree to immediately cease using the
service and we shall have no obligation to you after any termination or
cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for
any reason. For such a termination or cancellation to be effective however, you
must inform us in writing through email, you will still be under the
responsibilities of this agreement for the duration that you used the service
and you will cease to have access to the use of any credits that may exist in
your account