By registering /using this website, www.smsabc.com, you are deemed to have read, understood and agree to the following terms and conditions.Any User accessing and using the Products or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions.

IMPORTANT: In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000 and the common law of contract, these Terms and Conditions are valid, binding and enforceable to everyone accessing the Smsabc website(www.smsabc.com), or any part thereof. Therefore, anyone not willing to be bound by these Terms and Conditions may not access the Smsabc website. Anyone accessing the Smsabc website or using any of our services shall automatically bond to this agreement.

The website (www.smsabc.com), all its parts or elements thereof and the services are fully owned and operated by SMSabc.com

The term User(s) refers to any person or entity that accesses Smsabc website and/or uses the Products/Services, notwithstanding the fact that such person only visits the home page of the website and/or downloads the Products.

www.smsabc.com is only a website that provides free sms sending service to registered users, so as to facilitate communication between people who know each other. The service shall not be used to increases traffic on other websites or for sending unsolicited advertisements to random people. Every registered User is deemed to have understood and agreed that, information posted on the site or sent as an SMS to others, should never be explicit, obscene, adult or pornographic in nature. Smsabc has no obligation to observe and monitor the information or messages sent through our service. However, we reserve the rights to review and/or delete some/all the material/message(s) posted on/via our website.

SMSabc also reserves the right to terminate access to any or all of the services, at any time, withoutnotice, for any reason whatsoever. Owing to the fact that it is very difficult to monitor all the messages posted/sent by users by means of reviewing or taping, we take no responsibility and claim no control over the truth or accuracy of the messages composed/saved/forwarded or sent via www.smsabc.com.

Registered users are solely and entirely responsible for all Content that they compose/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 or through the website, the user(s) warrants that:

The said content like,jokes, puzzles, quotes, etc. are their own and that they have all necessary rights and are notcopyrighted.

All information provided is true, accurate, current and complete, and does not violate these Terms of Service.

The content will not cause injury to any person or entity.

The user is deemed to have understood that they shall not send, transmit or distribute messages that fall in any or all of the following categories:

Anti-social, defamatory, obscene, abusive, pornographic, threatening, or an invasive(of privacy)

An infringement of intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity

Illegal in any way or which advocate illegal activity

Any advertisement regarding various marketing and sales activities of goods, or services without our consent.

SMSabc does not guarantee that all messages sent by registered users will reach the destination mobile. We take no responsibility for undelivered messages.

MODIFICATION OF THESE TERMS OF SERVICE

SMSabc.com reserves the right to change any of these terms, conditions, and notices under which the services are offered. Users are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated at our discretion. Your continued use of any of our services constitutes your agreement to all such terms, conditions, and notices. We (SMSabc.com) do not guarantee the continuous availability of our Services or any specific feature(s). We reserve the right to change or terminate the Services and/ or alter the terms and conditions of this Agreement at any time with a 14 day notice or without notice if needs be.

Messages will automatically be deemed to have been delivered when Smsabc has delivered/sent the messages to the immediate destination 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. We do not guarantee delivery on behalf of Mobile telephone networks of mail servers.

PROPRIETARY SOFTWARE

SMSabc.com grants individual and business clients with a personal, non-sub licensable, non-exclusive and non-transferable use of its proprietary software (application). The software and all related services are subject to these Terms and Conditions. The application is provided in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with SMSabc.com services agreement. The user is prohibited from, directly/indirectly, reverse engineering, decompiling, disassembling or attempting to acquire the source code/logics/algorithms of the said application. Users are also prohibited from modifying, copying or transforming the application or creating derivative applications, renting, leasing, distributing or transferring the rights; removing or replacing the proprietary notices or labels pertaining to SMSabc.com

All users are deemed to have acknowledged that SMSabc.com and its licensors retain ownership of all propriety applications, software, 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 and any services through it are offered as it stands 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.

 

Membership Eligibility.

The access to our website (www.smsabc.com) and/or the services offered through the website and/or our proprietary software shall only be granted to users over the legal age of 18. Individuals under 18 should not register or access our website or any of our services. However, since it is highly difficult to validate the age of internet users, we do not take responsibility to any repercussions due to under age access.

Risks

The access to internet, GSM, CDMA networks and other communication media is, by virtue, associated with risks concerning authentication, data security, privacy, availability of services, transmission reliability etc. All registered users are deemed to have understood these facts and that they agree to bear full and exclusive responsibility arising from such risks and the consequences of their usage of Smsabc services.

User Privacy

SMSabc.com fully understands and respects the privacy of our users. We do not disclose, edit or monitor personal information of our users, in full or part without prior permission from user(s).However we reserve the right to use some or all of the user information in the following cases:

To conform to legal requirements or comply with legal processes.

To protect and defend the rights or property of SMSabc.com

To enforce our service agreement or to protect SMSabc.com business or reputation, including without limitation in case of termination, cancellation or suspension of this agreement by SMSabc.com

To respond to a request or demand for identification in connection to a claim of copyright or trademark infringement or any other form of illegal/improper activity by either our user(s) or a third party.

To protect the interests of our users.

Registered user(s) are deemed to have agreed that SMSabc.com can access their account, including its contents, as stated above or to respond to any other service or technical issues.

All registered users are deemed to have understood and agreed that:

SMSabc provides a free SMS sending service to all registered users.

Various advertisers sponsor the SMS(s) that are provided for free to the user(s).

We publish advertisements on our website. And that the advertisements placed will be and not limited to Paid links, pop-up windows, banner(s), buttons and sponsorships.

We have the right to publish such ads, promotions and campaigns.

The service is provided without a warranty of any kind.

We disclaim all warrantees and conditions with regard to all our services.

  

PREMIUM RATED SERVICES

Any User wishing to use SMSabc premium rated services shall do so subject to such terms and conditions as may be imposed by SMSabc.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 our 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 Smsabc gateway or cause the quality of the MO number lines or our service in general to be impaired or interrupted in any manner whatsoever. Smsabc shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair our services or the MO number ranges, notwithstanding that this may require suspending the operation of our MO service. Smsabc 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 or shall beoffered, and in particular any laws relating to privacy, spamming, gaming and gambling and the User indemnifies, holds harmless and shall defend Smsabc against any claim, action or damage suffered or incurred by Smsabc as a result of a breach by the User of this warranty.

PLEASE NOTE: In order to ensure that SMSabc complies with industry codes of conduct, users are obliged to route all MO messages related or associated directly or indirectly with any SMSabc hosted short code via SMSabc messaging gateway. This will enable SMSabc 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. SMSabc shall be entitled to immediately terminate the Users services if the User does not comply with the provisions of this clause, without any liability to the User or any third party.

Nobody, individual or otherwise, is entitled the use of any of SMSabc trademarks (registered or unregistered) or make a reference to Smsabc (Including our services) in any form of advertising, publication or communication, unless such usage is permitted by Smsabc in writing.

Charges for Premium Services are decided, published and can be changed by Smsabc from time to time at our discretion.

MESSAGE AND OTHER LIMITATIONS

SMSabc takes no responsibility for the deletion or failure to store any of the information on our website. SMSabc reserves the right to set and change, from time to time, the limit to number of SMS(s) that can be sent by registered users. If SMSabc finds that the usage of any user to be inappropriate (in our view), we shall suspend their access at our discretion without prior notification. 

We make no warranties regarding the working or promptness of any or part of our services. The delivery time taken for message depends on a number of factors and hence, we make no guarantees regarding the speed of delivery or weather the message shall be delivered at all. We also do not guarantee that the message delivery notifications or parts of the notifications are accurate at all times.

DND related issues

All users, Free or Premium, or whoever sends SMS(s) from our website is deemed to have understood that it is their responsibility to check the recipients numbers against DND registry. Weather the messages are sent for commercial/marketing or any other bulk messaging purposes, the sender takes full liability of any repercussions thereof. Smsabc is solely an intermediary and we simply felicitate the Web-Mobile SMS service. Smsabc does not accept liability for any grievances from the recipients.

USER CONDUCT                            

Any unauthorized or commercial use of any of our services is strongly prohibited. All registeredusersare deemed to have agreed to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under their account or password, including the content of any transmissions through the Service. Every user is deemed to have fully agreed not to do any of the following:

·         Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise).

·         Collect, Store, sell, distribute, publish or modify any information about any user under any circumstances.

·         Create a false identity by any means or otherwise attempt to mislead others regarding the sender or the origin of a message.

·         Transmit through our Service, associate with the Service or publishing with the Service, any harassing, libelous, abusive, threatening, harmful, vulgar, obscene, and anti-social or any other objectionable material of any kind or nature or which can be deemed illegal by law.

·         Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity

·         Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or 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 another Users use of the Service

·         Engage in any other activity that SMSabc believes could subject it to criminal liability or civil penalty or judgment.

WARRANTIES AND LIABILITIES

SMSabc.com owners, employees, suppliers, internet service providers, 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 Smsabc website or other linked websites, inability to access the website; content available on the website, services available from the website, products available from the website, downloads and use of content from the website, and/or any other reason not directly related to SMSabc gross negligence and the user expressly acknowledges and agrees that is at its own risk and that Smsabc is provided as is and as available without any warranties or conditions whatsoever, express or implied. We make no warranty or guarantee that the user will be able to access SMSabc at all times or from any particular location.

Information, ideas and opinions expressed on the SMSabc website by us or anyone else should not be regarded as professional advice or the official opinion of SMSabc.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 website.