This User Agreement describes the terms and conditions applicable between Way2online Interactive India and every person (hereafter called 'Registe User' or User) who avails the 'WAY2SMS' service under the domain and sub-domains at http://www.way2sms.com. If you do not agree to be bound by these terms and conditions you may not use the way2sms website. Reasonable use of the way2sms 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 Way2online Interactive India 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.
Way2sms is only a virtual Venue, which facilitates users to send SMSes
The services offered under way2sms.com is powered by Way2online Interactive India Pvt. Ltd. way2sms is just a DOT COM which promotes Way2online Interactive India wireless products and services. Way2sms.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. Way2online Interactive India has no obligation to observe and monitor the service. However, we reserves the right to review materials posted and to remove any material/s. Way2online Interactive India reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Way2online Interactive India 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.
Registered User. To user the free messaging service on Way2sms.com, you must register on the service. As a Registered User, you give your consent to receive messages from other Registered Users. In case you do not wish to receive messages from other Registered Users, you can unsubscribe from the service by sending a mail to firstname.lastname@example.org.
Restricted Messages. You must not send messages like abuse, adult content, insulting content etc. which we classify as Restricted Messages and do not permit on the Site. We do not accept any obligation to protect you for sending Restricted Messages through our Site. Way2sms.com is a free messaging site for person to person communication and is not meant for commercial communication like marketing, promotional or advertisement messages. Such commercial messages are Restricted Messages. If a Registered User is found to send Restricted Messages, his account will be completely blocked.
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, Way2online Interactive India 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 way2sms 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
Way2online Interactive India 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. Way2online Interactive India makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Way2online Interactive India 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 way2sms has deliveRed/sent the messages to the immediate destination that Way2sms'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. Way2online Interactive India 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, Way2online 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 Way2online 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 Way2online Interactive India products and/or services. As between the parties, the User acknowledges that Way2online Interactive India , 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 way2sms 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. Way2online Interactive India 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 way2sms.com services.
6. Member Privacy
It is Way2online Interactive India policy to respect the privacy of the User. Way2online Interactive India will not monitor, edit, or disclose any personal information about the User or the User's Way2Sms account, including its contents, without the User's prior permission unless Way2online Interactive India 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 Way2online Interactive India; (3) enforce this Service Agreement or protect Way2online Interactive India business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by Way2online Interactive India; (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. Way2online suggest the Sender's name and/or email address should be with each message that the end-user sends.
The User agrees that Way2online Interactive India may access their account, including its contents, as stated above or to respond to service or technical issues.
The Way2sms.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 Way2Sms to provide the service. Various advertisers sponsor free Way2sms 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 Way2sms has the right to run such advertisements and promotions. The Service is provided ?as is? without warranty of any kind. Way2online Interactive India hereby disclaim all warranties and conditions with regard to "The Service".
7. MO AND PREMIUM RATED SERVICES
Way2online Interactive India 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.
Way2online Interactive India offers MO and premium rated services ("premium rated services") in certain territories. This is subject to change and can be confirmed with Way2Sms.com from time to time.
Any User wishing to use Way2Sms's premium rated services shall do so subject to such terms and conditions as may be imposed by Way2online Interactive India in its premium rated Quotation forms
The costs associated with the premium rated services shall be as set out in the quotation form. Way2sms.com will collect MO messages and pass these on to the User in the methods described by Way2online Interactive India. 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 Way2Sms.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 Way2Sms gateway or cause the quality of the MO number lines or Way2Sms's service in general to be impaiRed or interrupted in any manner whatsoever. Way2online Interactive India shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair the Way2online Interactive India service or the MO number ranges, notwithstanding that this may require suspending the operation of the Way2online Interactive India MO service. Way2online Interactive India 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 Way2online Interactive India against any claim, action or damage suffeRed or incurRed by Way2online Interactive India as a result of a breach by the User of this warranty.
PLEASE NOTE: In order to ensure that Way2online Interactive India complies with industry codes of conduct, users are obliged to route all MT messages related or associated directly or indirectly with any Way2Sms hosted short code via Way2Sms's messaging gateway. This will enable Way2Sms 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. Way2online 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 Way2Sms's trademarks (whether registeRed or unregisteRed) or to make reference to Way2Sms in any advertising, publication or communication related to the MO or bi-directional SMS Services or otherwise, other than such usage as permitted by Way2online Interactive India in writing.
Should the User's account be used by users for such networks as Way2online Interactive India charges for incoming messages, the User shall be responsible for such costs in full. These charges are published by Way2online Interactive India from time to time, and can be amended by Way2online Interactive India as and when Way2online Interactive India deems it necessary. Way2online Interactive India shall have the right to subtract such message cRedits as are necessary to Redeem the said charges from the User's Way2Sms account.
8. MESSAGE AND OTHER LIMITATIONS
Way2online Interactive India assumes no responsibility for the deletion or failure to store information. Way2online Interactive India 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, Way2online Interactive India 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. Way2online Interactive India 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 Way2online Interactive India 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 Way2Sms believes could subject it to criminal liability or civil penalty or judgment.
10. NO WARRANTIES OR LIABILITIES
Way2online Interactive India (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 WAY2SMS WEBSITE, ACCESS TO WEBSITES LINKED TO T HE WAY2SMS WEBSITE, INABILITY TO ACCESS THE WAY2SMS WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE WAY2SMS WEBSITE, CONTENT AVAILABLE ON THE WAY2SMS WEBSITE, SERVICES AVAILABLE FROM THE WAY2SMS WEBSITE, PRODUCTS AVAILABLE FROM THE WAY2SMS WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE WAY2SMS WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO WAY2SMS'S GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT Way2online Interactive India IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. Way2online Interactive India WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO WAY2SMS AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS WAY2SMS AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
Whilst Way2online Interactive India 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 WAY2SMS API available to The User in a commercially reasonable and timely manner, the User acknowledges that Way2online Interactive India cannot guarantee the availability of a Carrier's SMSC. Information, ideas and opinions expressed on the WAY2SMS website should not be regarded as professional advice or the official opinion of Way2online Interactive India, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the WAY2SMS website.