Agreement between Bharatsms and service user.
Our Commitment To Privacy Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
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.
Bharatsms is only a platform, which facilitates users to send Free SMS to India, connect friends and Entratain with Free games, Movies, Music & content.
The Site acts as a platform, which allows registeRed users to communicate information anything, which is legal, at any time, from anywhere, within and outside India. Bharatsms has no obligation to observe and monitor the service. However, we reserves the right to review materials posted and to remove any material/s. Bharatsms reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Bharatsms 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. Bharatsms.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, Bharatsms 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 Bharatsms 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.
MODIFICATION OF THESE TERMS OF SERVICE
Bharatsms 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. Bharatsms makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Bharatsms 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 Bharatsms has deliveRed/sent the messages to the immediate destination that Bharatsms'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. Bharatsms 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, Bharatsms 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 Bharatsms 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 Bharatsms products and/or services. As between the parties, the User acknowledges that Bharatsms , 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 Bharatsms 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. Bharatsms will not be held liable to any third party claims and/or actions taken with respect to services offeRed.
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 Bharatsms.com services.
6. Member Privacy
It is Bharatsms policy to respect the privacy of the User. Bharatsms will not monitor, edit, or disclose any personal information about the User or the User's Bharatsms account, including its contents, without the User's prior permission unless Bharatsms 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 Bharatsms; (3) enforce this Service Agreement or protect Bharatsms business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by Bharatsms; (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. Bharatsms suggest the Sender's name and/or email address should be with each message that the end-user sends.
The User agrees that Bharatsms may access their account, including its contents, as stated above or to respond to service or technical issues.
The Bharatsms.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 Bharatsms to provide the service. Various advertisers sponsor free Bharatsms 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 Bharatsms has the right to run such advertisements and promotions. The Service is provided ?as is? without warranty of any kind. Bharatsms hereby disclaim all warranties and conditions with regard to "The Service".
7. MO AND PREMIUM RATED SERVICES
Bharatsms 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.
Bharatsms offers MO and premium rated services ("premium rated services") in certain territories. This is subject to change and can be confirmed with Bharatsms.com from time to time.
Any User wishing to use Bharatsms's premium rated services shall do so subject to such terms and conditions as may be imposed by Bharatsms in its premium rated Quotation forms.
The costs associated with the premium rated services shall be as set out in the quotation form. Bharatsms.com will collect MO messages and pass these on to the User in the methods described by Bharatsms. 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 Bharatsms.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 Bharatsms gateway or cause the quality of the MO number lines or Bharatsms's service in general to be impaiRed or interrupted in any manner whatsoever. Bharatsms shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair the Bharatsms service or the MO number ranges, notwithstanding that this may require suspending the operation of the Bharatsms MO service. Bharatsms 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 Bharatsms against any claim, action or damage suffeRed or incurRed by Bharatsms as a result of a breach by the User of this warranty.
PLEASE NOTE: In order to ensure that Bharatsms complies with industry codes of conduct, users are obliged to route all MT messages related or associated directly or indirectly with any Bharatsms hosted short code via Bharatsms's messaging gateway. This will enable Bharatsms 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. Bharatsms 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 Bharatsms's trademarks (whether registeRed or unregisteRed) or to make reference to Bharatsms in any advertising, publication or communication related to the MO or bi-directional SMS Services or otherwise, other than such usage as permitted by Bharatsms in writing.
Should the User's account be used by users for such networks as Bharatsms charges for incoming messages, the User shall be responsible for such costs in full. These charges are published by Bharatsms from time to time, and can be amended by Bharatsms as and when Bharatsms deems it necessary. Bharatsms shall have the right to subtract such message cRedits as are necessary to Redeem the said charges from the User's Bharatsms account.
8. MESSAGE AND OTHER LIMITATIONS
Bharatsms assumes no responsibility for the deletion or failure to store information. Bharatsms 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, Bharatsms 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. Bharatsms 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 Bharatsms 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;
xi. Engage in any other activity that Bharatsms believes could subject it to criminal liability or civil penalty or judgment.
10. NO WARRANTIES OR LIABILITIES
Bharatsms (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 Bharatsms WEBSITE, ACCESS TO WEBSITES LINKED TO T HE Bharatsms WEBSITE, INABILITY TO ACCESS THE Bharatsms WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE Bharatsms WEBSITE, CONTENT AVAILABLE ON THE Bharatsms WEBSITE, SERVICES AVAILABLE FROM THE Bharatsms WEBSITE, PRODUCTS AVAILABLE FROM THE Bharatsms WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE Bharatsms WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO Bharatsms'S GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT Bharatsms IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. Bharatsms WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO Bharatsms AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS Bharatsms AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
Whilst Bharatsms 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 Bharatsms API available to The User in a commercially reasonable and timely manner, the User acknowledges that Bharatsms cannot guarantee the availability of a Carrier's SMSC. Information, ideas and opinions expressed on the Bharatsms website should not be regarded as professional advice or the official opinion of Bharatsms, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Bharatsms website.
Subscriber shall use Bharatsms services for lawful purposes only. Subscriber shall not post or transmit using Bharatsms services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the Bharatsms express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the Bharatsms discretion restricts or inhibits any other Subscriber from using or enjoying Bharatsms services will not be permitted. Subscriber shall not use Bharatsms services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Bharatsms services.
Subscriber shall not upload, post or otherwise make available using Bharatsms services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
System and Network Security
Violation of system or network security are prohibited, and may result in criminal and Civil Liability. The Bharatsms will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
• Harassing or threatening transmissions.
• Probing for means of gaining unauthorized access to computers or networks.
• Introducing or causing to be introduce any computer contaminant or computer viruses into system or network.
• Introducing or causing to introduce any pornography material, SMS etc.
Subscribers agree to defend, indemnify and hold harmless the Bharatsms, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of Bharatsms Services by subscriber or any body else than the Subscriber, if any.
It is a condition of use of Bharatsms services that subscriber do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
User cannot use any sender Id to send sms other then his own name, company or firm's name owned or managed by him/her. Using sender Id other then owned by him will cause the termination of account and all credits will be set to zero. A formal complaint will also be lodged (FIR) with the law & order agency.
Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
Bharatsms has no control on the contents of the SMS sent and Bharatsms shall not be held responsible/liable directly of indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by Bharatsms through its SMSC.
Bharatsms shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.
User shall use the facilities provided by Bharatsms for delivery of MT SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through Bharatsms SMSC.
User will not send unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMS sent by user using Bharatsms SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user.
User has complete control of the Sender-ID (Alphanumeric or Numeric) of the MT SMS sent through Bharatsms SMS and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his/her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and Bharatsms will in no way responsible for any such message and the subsequent fallout.
Bharatsms shall strive to deliver SMS immediately upon receipt from the user. However Bharatsms Shall not be responsible for any delay, non receipt of SMS or any other interruption in providing SMSC facility, which may occur due to technical reasons or snags in the system, break down of SMSC or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of Bharatsms. However, Bharatsms acknowledges that it will put in its best endeavors to achieve the best success rate in delivery of the SMS messages so routed through its SMSC.
Enforcement of Terms & Conditions for Bharatsms subscribers
Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a Bharatsms subscriber or a subscriber's end user, shall be considered violation of the policy by such customer or end user. Any user found violating the above T&C is liable for action under the prevailing laws including termination of services without any prior notice.
We also want to advise you that if, you do not agree with any of the condition mentioned above kindly do not register with us.