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ACKNOWLEDGEMENTS AND ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
The smsgui.com services, owned and operated by smsgui.com, are provided to users
under the terms and conditions of this document.
BY REGISTERING AND/OR
USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS STATED HERE.
DESCRIPTION OF SERVICE
smsgui.com is providing users with a capability to send and
receive SMS via the World Wide Web and on smsgui.com's infrastructure. The user
must provide for their own access to the World Wide Web and pay any telephone
service fees associated with such access. In consideration for this Service,
the user agrees to:
Furthermore, users grant smsgui.com the right to disclose to third parties certain registration data and aggregate usership data; however, such disclosures will exclude users name, mailing address, email address, account and phone number, unless:
PRIVACY POLICY
SMS is private correspondence between the sender and the recipient. It is smsgui.com
policy to respect the privacy of its users. Therefore, in addition to the privacy of
registration data as discussed in Section 2 above, smsgui.com will not monitor, edit,
or disclose the contents of a user's private communications unless required to do so
by law or in the good faith belief that such action is necessary to:
MODIFICATIONS TO TERMS AND CONDITIONS OF SERVICE
smsgui.com may change the terms and conditions of this service from time to
time. Use of the smsgui.com service by the User constitutes acceptance of the
terms and conditions including all modifications made.
MODIFICATIONS TO SERVICE
smsgui.com reserves the right to modify or discontinue the Service with or without
notice to users. smsgui.com shall not be liable to users or any third party
should smsgui.com exercise its right to modify or discontinue the Service.
DISCLAIMER OF WARRANTIES
USERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT USERS'S SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS.
smsgui.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. smsgui.com SHALL NOT
BE LIABLE FOR ANY FAILURE OR PERFORMANCE OF THE SERVICE FOR REASONS BEYOND ITS REASONABLE
CONTROL INCLUDING BUT NOT LIMITED TO DEFAULT OR FAILURE OF A THIRD PARTY (INCLUDING ANY
PUBLIC TELECOMMUNICATIONS OPERATOR SERVICE PROVIDER OR MAINTAINER), GOVERNMENT ACTIONS,
FAILURE IN THE SUPPLY OF THIRD PARTIES ACCESS OR OTHER EVENTS OR FORCE MAJEURE.
smsgui.com DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE.
CHARGES AND SMS CREDITS
User understands that sending SMS to different countries will vary the charge
posted to the user's account. Rates or SMS credits associated with sending SMS
to countries may vary without notice to the account holder. Charges or SMS credits
required to send SMS to specific destinations can be found from our rates posted
on the web site and calculated via the Country Rate Calculator. By pressing
'send sms', user agrees to the costs associated with sending these SMS and to
user's account being charged or SMS credits being deducted accordingly.
SMS notifications and Test SMS features are optional services to the user which
can be enabled/disabled in the user profile. If the user enables or utilizes
these services, the USER's account will be charged at the current rate for the
destination country for every and all notifications and test sms sent.
CHARGEBACKS & REFUNDS
REFUNDS MADE AT THE DISCRETION OF MANAGEMENT. Under no circumstances are refunds given for SMS sent. For scheduled SMS that has not been sent but has been deleted by the USER prior
to its scheduled time of sending, an automatic chargeback is issued to the USER's account for the exact amount that had previously been deducted
from the account upon scheduling.
NO RESALE OF THE SERVICE
Users agrees not to resell or make any commercial use of the Service, without
the express consent of smsgui.com.
SMS MESSAGE STORAGE AND OTHER LIMITATIONS
smsgui.com assumes no responsibility for the deletion or failure to store or
forward SMS messages. smsgui.com retains the right, at smsgui.com's sole discretion,
to determine whether or not a user's conduct is consistent with the letter and
spirit of these Terms and Conditions and may terminate service if a user's conduct
is found to be inconsistent with these Terms and Conditions.
USERS CONDUCT
Users are solely responsible for the contents of their transmissions through
the Service. Sending unlawful, obscene, abusive, harassing, or threatening
messages is strictly prohibited by smsgui.com. Users' use of the Service is
subject to all applicable local, state, national and international laws and
regulations and network operator requirements. Any complaint from a network
operator will be regarded very seriously and the responsible smsgui.com user
could be suspended without a refund of its credits. Users agree:
Users will not use the Service for spamming (unsolicited marketing) or any
use of distribution lists to any person who has not given specific permission
(opted in) to be included in such a process. Users shall not interfere with
another users' use and enjoyment of the Service or another entity's use and
enjoyment of similar services. Any user misconduct that does not comply with
the all of above will face a possible suspension from smsgui.com services without
a refund of its credits. Users indemnify smsgui.com against any losses suffered
in the event that they do no comply with all of the above.
TERMINATION
smsgui.com may terminate any service with or without cause at any time and effective
immediately.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Users may enter into correspondence with or participate in promotions of advertisers
showing their products on the site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between the user and the advertiser. smsgui.com assumes
no liability, obligation or responsibility for any part of any such correspondence
or promotion.
PROPRIETARY RIGHTS TO CONTENT
Users acknowledge that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in either
sponsor advertisements or email-distributed, commercially produced information
presented to users by the service by smsgui.com or smsgui.com's advertisers,
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Users may not copy, reproduce, distribute, or create derivative
works from this Content without expressly being authorized to do so by smsgui.com
or the advertiser.
INDEMNITY
You agree to indemnify and hold smsgui.com harmless from any claim or demand made
by any third party arising out of your use of the smsgui.com site, your use of any
links to websites operated by third parties [and smsgui.com's use of any information
supplied by you].
You also agree to indemnify smsgui.com fully against all losses, liabilities, costs
(including legal costs) and expenses which it may incur as a result of any breach of
your obligations under this Agreement or misuse of the Service or any other party's
breach of any provisions under this Agreement where such party is able to use the
Service by using your user id and/or login password. "Authorization code sent to
your mobile for approval to send group sms" feature is provided by smsgui.com for
your added security. Whether enabled or disabled, the USER is fully liable for any
and all SMS sent from their account, as stated in these TERMS & CONDITIONS.