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