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Terms and Conditions
These General Terms of Business are valid between InternetSMS.net
(hereafter called InternetSMS.net) and every person (hereafter called
'Customer') who has logged in to the 'InternetSMS' service.
1. Scope of Agreement
The customer agrees with the terms specified in this contract. The
contract is deemed established as soon as the username and password
required to use InternetSMS SMS services have been sent by
InternetSMS.net to the customer via e-mail. If offerings or
specifications exist on our website which are contradictory to these
terms, the latter prevail.
2. Usage of the SMS Service
2.1.Authorization and Authentication
After the customer has completed all registration requirements, a
username and password will be sent to the customer via e-mail. This
login information serves as identification of the customer to
InternetSMS.net. InternetSMS.net will perform no further
authentication of the customer's identity.
The customer agrees that all activities which can be traced to his
username and password are deemed as having been performed by the
customer himself and are legally binding for him.
The customer is responsible for careful use and storage of the
username and password. We recommend to change the assigned password
when first using the service; additionally, we urge the customer to
change his password regularly and take other appropriate measures to
prevent misuse or theft of his login information.
2.2.Risks
The customer agrees that, by definition, access to the Internet, the
GSM network 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 InternetSMS .com services.
2.3 InternetSMS.net Services
InternetSMS.net is an independent IT company and provides SMS services
to the customers. InternetSMS is SMS service.
2.4 SMS Transmission
2.4.1. Delivery
The customer acknowledges that InternetSMS service delivers SMS
messages via major telecommunications companies and mobile network
providers and can therefore only influence the delivery with respect
to transmission of SMS messages within the technical constraints
imposed by the providers.
SMS messages submitted via InternetSMS will be transferred to the
addressed mobile recipients within seconds to minutes, provided that
the recipient's phone is switched on and located in an area covered by
his subscribed mobile network provider. The customer acknowledges
that, depending on the recipient's mobile provider service, it may not
be possible to transmit the SMS message to the recipient successfully,
particularly if the provider does not support SMS delivery at all.
2.4.2. Large Volume Transmission
The customer acknowledges that transmission of large SMS amounts may
be subject to restrictions and delays on the part of the mobile
network providers affected.
3. Customer's Liability
3.1. SMS Content
The customer assumes full responsibility for the content of SMS
messages transmitted by himself or by a third party on his request.
The customer agrees to abide to all laws and regulations applicable to
the content and intent of SMS messages transmitted by him. The
customer assumes liability for all consequences and costs arising out
of offences against such regulations.
The customer must ensure that his SMS delivery does not cause
disturbance or harassment of a recipient or other third party. The
customer agrees to refrain from sending SMS messages containing
offensive, violent, pornographic, or discriminatory, or otherwise
illegal content.
The customer is not permitted to send SMS messages to recipients who
have made clear that they do not wish to receive SMS messages or
advertisements via SMS.
The customer agrees to indemnify and hold InternetSMS.net, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content the customer transmit through the Service, the
customer's use of the Service, the customer's connection to the
Service, the customer's violation of the Terms of Usage, or the
customer's violation of any rights of another.
3.2. Termination
You agree that InternetSMS.net, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if InternetSMS.net
believes that you have violated or acted inconsistently with the
letter or spirit of the Terms of Usage.
You agree that any termination of your access to the Service under any
provision of this Terms of Usage may be effected without prior notice
if InternetSMS.net believes that you have violated the Terms of Usage.
And agree that InternetSMS.net may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further,
you agree that InternetSMS .com shall not be liable to you or any
third-party for any termination of your access to the Service.
4. Accounting
4.1. SMS Debits
InternetSMS.net debits transmitted SMS messages from the customer's
online SMS account according to its transmission logs. These logs are
deemed correct and valid even if the customer has objected to the
correctness of the accounting records, but InternetSMS.net
investigations have not produced evidence of a technical problem or
error.
4.2. Account Balance
The SMS account balance is non-refundable and does not bear interest
Except in cases of SMSC Failure or Downtime.
5.Complaints
All complaints must be directed to InternetSMS.net.
6. Roles & Responsibilities of InternetSMS.net
6.1. InternetSMS.net will provide the Customer with bulk SMS at the
agreed upon rates as mentioned in the business model
6.2. Guarantee technical support & Guarantee fast response and quality
of the service
7. Duration of the terms, notice to quit The duration of any business
agreement depends on the conditions described on the Internet pages of
InternetSMS.net for every particular kind of business agreement at the
moment of the conclusion of the contract. Without punctual notice to
quit, the agreement is to be automatically considered as in force for
the next published period and the customer is responsible for the
payment of the fees concerning the services. The customer or
InternetSMS.net are entitled to quit the agreement, at the expiration
of the period of time defined in the terms of business, giving a
written notice (date of the post-stamp). A notice to quit given
outside the official term does not entitle to the return of part of
the paid fees. The credit concerning data or hours is exclusively
limited to the duration of the agreement.
8. Final dispositions Through the description of the services as
defined on the Internet pages of InternetSMS and the General Terms of
Business expressedly recognized by both the contracting parties are
definitively defined the rights and duties between the customer and
InternetSMS.net. The communication with the customer takes place via
the web-site of InternetSMS.net or e-mail. InternetSMS.net reserves
the right at all times to alter the General Terms of Business and the
characteristics of the InternetSMS services. InternetSMS.net informs
the customer about substantial modifications via homepage. If the
customer doesn't agree with the new dispositions, he is allowed to
quit the business agreement as of the end of the official duration of
the business agreement, giving written one month's notice after the
information concerning the modification has been published. In any
other case the modified General Terms of Business resp.
characteristics of the InternetSMS services will be applied on the
fixed date for their coming in force.
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