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Our Terms Of Servers

Our Acceptable Use Policy

Universal SMS strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. The Acceptable Use Policy is available in order to provide a clear understanding of the rules, regulations and restrictions regarding the use of Universal SMS’s services. PLEASE ABIDE BY IT STRICTLY . By purchasing our online services, you agree to abide by the Acceptable Use Policy by default.

  1. We will not provide services for any unacceptable or inappropriate material as determined by Universal SMS in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
  2. We will not provide services for hosting of files or other data that infringes on another's copyright or other intellectual property rights.
  3. We will not provide services for spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
  4. We will not provide services for uploading or linking to any content that violates another's right of publicity or privacy.
  5. We will not provide services for distributing hate speech, or any other content that is obscene, abusing, which could be considered libellous and defamatory.
  6. Will not provide services for hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
  7. We will not provide services for hosting large amounts of data not specifically tied ("linked") to your hosting account. Universal SMS encourages users looking for file storage/backup solutions to seek other services that specialize in this.
  8. We will not provide services for hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
  9. We will not provide services to execute long-running, stand-alone, unattended server-side processes, bots or daemons
  10. We will not provide services to run any type of web spiders or indexers
  11. We will not provide services to run any software that interfaces with an IRC (Internet Relay Chat) network
  12. We will not provide services to run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent
  13. We will not provide services to participate in any P2P or file-sharing networks
  14. We will not provide services to run cron entries with intervals of less than 15 minutes
  15. We will not provide services to constantly create and delete large numbers of files on a regular basis, or cause file system damage
  16. We will not provide services to use our system resources over 10%, including but not limited to memory, cpu, disk, network, and bandwidth capacity, for longer than 120 seconds in any consecutive 6 hour period.
  17. We will not provide services to use excessive resources which in the Universal SMS’s sole discretion result in damage or degradation to the performance, usage, or experience of Servers, other users, other orders, and any of Universal SMS’s services
  18. Misuse of any application or portal directly or indirectly / intensionally or unintensionally would lead to service termination and legal action if required
  19. Exploding system for personal use other than official legal use of application or services would be considered as intentional breach of trust and lead to service termination and legal action if required.

However, in accordance with our Terms of Service, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Universal SMS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of your account or other services WITHOUT ANY PRIOR NOTICE and NO REFUND request would be considered.

Universal SMS requests that anyone with information about a violation of this Acceptable Use Policy, or of Universal SMS’s Terms of Service, report it by sending an email to info@universalsmsadvertising.com

Service Usage Policy

A legal agreement between us that lays out the terms and conditions for the use of all our services.

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by us. The utilization of the SMS service is subject to the following Terms of Service.

  1. Any illegal use of the SMS service is strictly prohibited.
  2. Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. We do not assume any liability for the content of the messages sent.
  3. We will be exempt from any claim that may arise from third parties as a result of the message content.
  4. You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.)
  5. You acknowledge that we deliver SMS’s via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS’s submitted via Internet will be transferred to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS to the recipient successfully.
  6. You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the activities carried out through your account.
  7. We neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While we make every effort to deliver messages promptly.
  8. We don’t refund the credits for undeliverable messages to you because we cannot guarantee delivery of the SMS’s to recipients due to possible errors. We debit transmitted SMS’s 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, except if investigation by us has produced evidence of a technical problem or error.
  9. We reserve the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.
  10. The SMS account balance is non-refundable and does not bear any interest. All the SMS’s must be used in the validity period from the date of the purchase. No carry forward of the credits will be made unless otherwise defined in a separate contract.
  11. You undertake the entire responsibility regarding the messages sent through our site from your account, which are transmitted as per your request.
  12. You shall indemnify and reimburse We all liabilities, costs, losses and damages, in case of any claim brought against us from any third party due to breach of contract.
  13. You shall in no way raise questions concerning our price policy since it is liable to change with due amendments in the Government, TRAI or Telecom Operators rules and regulations.
  14. Your wallet balance or credits will be lapsed if you keep your account inactive for one year of time.
    • You accept that the service is provided for professional use only and you agree not to use it to:
    • Promote alcohol, music, dancing, dating, gambling or deception.
    • Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
    • Harvest, or otherwise collect information about others, without their consent.
    • Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
    • Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
    • Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
    • Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.
    • Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
    • 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.
    • Interfere with others use and enjoyment of the service.

Limitations of Liability Disclaimer

Except for any of our explicit warranties and our obligations, we are offering our Services “as is.”

  • Whilst we will take all reasonable steps to deliver your messages to the recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.
  • You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
  • Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.
  • SMS’s that cannot be delivered within the lifespan allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages concerning financial or other loss resulting from delivery failure cannot be claimed from us. Furthermore, you agree that the message contents are deemed to have zero value.
  • You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of superior communication methods.
  • Furthermore, use of the service and the Internet is at its own risk and that the service is provided “as is” and “as available”, without any warranties or conditions whatsoever, expressed or implied. We will apply all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location.
  • Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contender services contained therein will be uninterrupted or error-free.
  • We shall in no event be liable 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; you agree to indemnify us for any third-party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
  • Not withstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of us and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

Modification of Terms

Our terms are aligned and subject to modification according to laws and guidelines by local government bodies.

We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement.

You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place. Furthermore, you accept that should there be a contradiction between other specific terms and conditions and these general terms and conditions, the other specific terms and conditions shall apply.

Termination

Any breach can result in termination. You have equal rights.

If at any time you breach the terms and conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations than accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement. You are also free to terminate or cancel this agreement at any time, and for any reason. For such termination or cancellation to be effective however, you must inform us in writing through Email.

You will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.

Our terms and conditions as well as the prices are subject to change from time to time according to TRAI rules and regulations.

Disproportionate loads placed on the server

While our shared services are suitable for personal or small business customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 8% of the resources of the server's CPU for longer than 180 seconds. This means that if your website is found to be utilizing more than 8% of the CPU and/or memory of our server, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

These Terms of Service May Change

Due to our evolving business, and the changing nature of the IT industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Abuse Desk with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Logo branding on the channel partner pages of Universal SMS website
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Abuse Desk can be reached on following email id : 

info@universalsmsadvertising.com

Indemnification

If Universal SMS is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Universal SMS is found liable or pays to settle the dispute. In legal terms, this is called "indemnification" Not only do you agree to reimburse Universal SMS for what it pays to satisfy a judgment or settle a case, you also agree to pay Universal SMS’s reasonable attorney's fees and all other costs Universal SMS incurs in defending itself.

Disclaimer of Warranties

You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Universal SMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Universal SMS MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Universal SMS DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.

Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Universal SMS cannot be held liable for it. IN NO EVENT SHALL Universal SMS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR DAMAGES RELATED TO DATABASE CORRUPTION OR DELETION OF WEBSITE CONTENTS OR OTHERWISE, EVEN IF Universal SMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Universal SMS due to your enrollment in the affiliate program.