FreeSMS USERS AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT AND CONSENT TO BE BOUNDED BY AND BECOME A PART TO THIS SERVICE AGREEMENT FROM THIS MOMENT.
1. THE SERVICE
The Service shall consist of any browser interface, SMS gateway access, data transmission, data access and data storage. The User shall be responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service, (displayed during the registration process).
FreeSMS reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without prior notice and with immediate effect.
2. DELIVERY OF MESSAGES
Messages shall be deemed to have been delivered when FreeSMS has delivered/sent the messages to the immediate destination that FreeSMS’s software is programmed to send.
3. USER ACCOUNT
To use FreeSMS Service, the User must be a member of Rangeen Chara. The User will also choose a password and an account name. The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account.
The User agrees to notify FreeSMS within 24 Hours of any unauthorized use of its account or any other breach of security.
4. MEMBER PRIVACY
It is our policy to respect the privacy of the User. FreeSMS will not monitor, edit, or disclose any personal information about the User or the User’s account, including its contents, without the User’s prior permission unless FreeSMS 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 FreeSMS;
(3) Enforce this Service Agreement or protect FreeSMS’s business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by FreeSMS; or
(4) Act to protect the interests of the User or others.
FreeSMS may transmit the Sender’s name and/or email address with each message that the end-user sends. Also, senders account information may be shared with the recipient in case of dispute.
The User agrees that FreeSMS may access its account, including its contents, as stated above or to respond to service or technical issues.
The User hereby grants FreeSMS the right to send the user communication via e-mail of any updates, upgrades, notices, or other information that FreeSMS deems important for the user to know, relating to the service.
5. LIMITATION OF LIABILITY
FreeSMS assumes no responsibility for the deletion or failure to store information. FreeSMS has fixed the upper limit on number of messages the User may send through the Service per day. Please refer to see point 7 for more information on procedure at termination of the service. FreeSMS 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”.
End recipients may be charged some fee by their service provider. Any claims from the recipients for loss due to the messages sent from FreeSMS should be taken care by the sender; FreeSMS does not take the responsibility of the damages caused by the messages.
6. MEMBER OBLIGATIONS AND DUTIES
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:
a. Use the Service in connection with chain letters, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
b. Harvest or otherwise collect information about others, including email addresses, without their consent;
c. 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;
d. Libel, defame or slander any person, or infringe upon any person’s privacy rights;
e. Transmit any material that contains viruses, Trojan horses, worms, time bombs or any other harmful or deleterious programs;
f. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
g. 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;
h. Interfere with another User’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services; or
i. Engage in any other activity that FreeSMS believes could subject it to criminal liability or civil penalty or judgment.
7. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
a. Modification of Terms. FreeSMS frequently updates, modifies, and otherwise continually seeks to improve the FreeSMS services. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, FreeSMS shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the FreeSMS service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.
b. Termination, Cancellation and/or Suspension by FreeSMS; Disclosure of Information. This Agreement granted here under may be terminated, canceled and/or suspended by FreeSMS at any time if, in FreeSMS’s sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by FreeSMS shall be effective immediately upon notification by FreeSMS to the User in any reasonable manner, including but not limited to, notification by e-mail or without notification. Upon, during, and/or after any such breach, FreeSMS may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. FreeSMS reserves the right to suspend the client’s service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the Client’s status as being a FreeSMS Client or the content of the messages originating from the client
c. In the event that FreeSMS receives complaints from recipients or third parties with respect to the use of the Service, FreeSMS additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
d. Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, in accordance with Section 6(D).
8. WARRANTIES OR LIABILITIES
a. Generally, the user expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that FreeSMS is provided “as is” and “as available” without any warranties or conditions whatsoever, expressed or implied. FreeSMS will use commercially reasonable efforts to make access to FreeSMS available to the user through the required access protocols, but makes no warranty or guarantee that the user will be able to access FreeSMS at any particular time or any particular location.
b. FreeSMS does not warrant that the operation of FreeSMS generally and any content or services contained therein will be uninterrupted or error-free; FreeSMS shall in no event be liable to the user or anyone else 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.
The User agrees to indemnify, hold harmless, and defend FreeSMS and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys’ fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. FreeSMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
10. EMERGENCY USE
FreeSMS should not be used as an alternative of traditional telephones in cases of emergency.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable.
In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance with the law of the Nepal as the service is provided in Nepal.
No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind FreeSMS in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
These terms and conditions constitute the whole agreement between FreeSMS and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.