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Acceptance of Terms
You are asked to read the following terms carefully before
You ("You") accept these Terms by signing the SMS
Service Agreement SMSIntegra("Services").
SMSIntegra is made available by Stardotstar Software Limited
and is the copyright work of Stardotstar Software Limited.Use
of the Services is governed by the terms of this agreement
or any other document describing features and conditions.
Stardotstar Software Limited Services
Stardotstar Software Limited provides access to its SMSIntegra.
This is realized through an account that allows You the send
short messages (SMS) and send up to 160 characters in SMS
format to the recipients defined in your database.Stardotstar
Software Limited will attempt to deliver all of the SMS messages
that You have addressed to SMSIntegra.Stardotstar Software
Limited uses a third-party (Indian or international network
operator) for delivering SMS messages and does thus not sign
responsible for the actual delivery of Your short message
(SMS).
Under no circumstances can Stardotstar Software Limited guarantee
the delivery of messages abroad. Stardotstar Software Limited
is not liable for any direct,indirect, incidental, special,
consequential, punitive, or exemplary damages caused by, but
not limited to, delayed or failed delivery of short messages
(SMS).
Your obligations
In consideration of Your use of SMSIntegra, You agree to be
solely responsible for:
(1) providing true, accurate,current and complete information
about You as prompted by the SMS Service Agreement ("Agreement"),
and (2) maintaining and promptly updating the Data to keep
it true, accurate, current and complete. If You provide any
information that is false, inaccurate, out of date, or incomplete,
or Stardotstar Software Limited has reasonable grounds to
suspect that such information is false, inaccurate, not current,
or incomplete, Stardotstar Software Limited may suspend or
terminate Your account. This also applies to any of Your applications
causing any damage or disturbance to Stardotstar Software
Limited's systems.
You are responsible for the access of the SMS-Systems by any
third person. This especially refers to all costs and charges
for all, without limitation, SMS-messages that Stardotstar
Software Limited sends out under your account. You are solely
responsible for the security of your password and should under
no circumstances make it available to any third person.
You understand that all information, data, text, messages,
or other material ("Content") whether publicly posted
or privately transmitted, are the sole responsibility of the
person from whom such Content originated. This means that
You, and not Stardotstar Software Limited, are entirely responsible
for all Content that You transmit via the Services. Stardotstar
Software Limited does not control the Content posted via the
Services and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You must evaluate, and bear all
risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content. You acknowledge that You are responsible for the
Content that You submit, and You, not Stardotstar Software
Limited, have full responsibility for the Content, including
its legality, reliability, appropriateness, originality and
copyright. You agree to not use the Services to intentionally
or unintentionally violate any applicable local, state, national
or international law, or any regulations having the force
of law.A recipient that does not wish to receive SMS messages
including advertisements or promotions and states this clearly
towards Stardotstar Software Limited or You has to be removed
from the mailing list. You are responsibly that you do not
send any further messages to this recipient. If You use the
Services for advertisement or promotion, Your message has
to contain a hotline number.
Duration and Termination of Agreement
This Agreement runs for an indefinite period. The Agreement
can be terminated by a party at any time by written notice
to the other party under keeping to a notice period of 30
days prior to the date of the termination of Agreement.
Stardotstar Software Limited, in its sole discretion, may
terminate your password and use of the Services, and remove
and discard any Content within the Services if Stardotstar
Software Limited believes that You have violated or acted
inconsistently with the letter or spirit of this Agreement.
Any termination of Your access to the SMS-System and Services
under any provision of the terms of this Agreement may be
effected without prior notice, and Stardotstar Software Limited
may immediately delete Your account and/or bar any further
access to such files or Services. Further,Stardotstar Software
Limited will not be liable to You or any third-party for any
termination, modification, or suspension of the Services.
Notices and Modification of Agreement/Services
Stardotstar Software Limited may send notices to You via e-mail
or regular mail. The Services may also provide notices of
changes to the Terms of this Agreement or other matters by
displaying notices or links to notices to You generally on
the Services.
Stardotstar Software Limited reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, the Services (or any party thereof) with or
without notice. Changes in pricing such as the monthly minimum
turnover or the price for short messages (SMS) will be made
available to You with prior notice. If You don't send a written
termination of the Agreement to Stardotstar Software Limited
keeping to the period of notice as defined in this Agreement,
You agree to any changes in pricing or changes of the terms,
whichever is applicable.
Data Protection
Stardotstar Software Limited will handle Your Data according
to legal requirements and respect Your desire for privacy.
This especially applies to registration, storing and passing
on of Your Data.
Reservation of Proprietary Rights
The Services and any software used in connection with SMSIntegra
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. Content
contained in third-party advertisements or information presented
to You through the Services or advertises is protected by
copyright,trademarks, service marks, patents, publicity rights,
or other proprietary rights and laws. Except as expressly
authorized by Stardotstar Software Limited or advertisers,
You agree not to modify, rent, lease, loan, sell, distribute
or create derivative
works based on the Services or the software in whole or in
part.
Disclaimer of Warranties
a) Your use of the Services is at Your sole risk. The Services
and information (as defined under Stardotstar Software Limited's
Services) are provided on an "as is" and "as
available" basis. Stardotstar Software Limited makes
no representations,warranties, or guaranties as to the quality,
suitability, truth, accuracy or completeness of any of the
Content transmitted via the Services.
b) Stardotstar Software Limited makes no warranty that:
(1) The Services will meet Your requirements,
(2) The Services will be uninterrupted, timely, secure, or
error-free,
(3) The results that may be obtained from the use of the Services
will be accurate or reliable.
c) Any material obtained through the use of the Services is
done at Your own discretion and risk and You are solely responsible
for any damage to Your computer system or loss of Data that
results from the download of such material.
d) No advice or information, whether oral or written, obtained
by You from Stardotstar Software Limited or through or from
SMSIntegra will create any warranty not expressly stated in
the terms of this Agreement. Stardotstar Software Limited's
employees are not authorized to vary these terms.
Limitation of Liability
a) To the extent not prohibited by applicable law, Stardotstar
Software Limited is not liable for any direct, indirect,incidental,
special, consequential, punitive, or exemplary damages, including
but not limited to,damages or loss of profits, revenue, goodwill,
use, data, electronically transmitted orders, or other economic
advantage (even if Stardotstar Software Limited has been advised
of the possibility of such damages), however caused and regardless
of the theory of liability, arising out of or related to:
(1) The use of or the inability to use the Services; (2) The
cost or procurement of substitute goods and services resulting
from any goods, data, information or services purchased or
obtained or messages received or transactions entered into
through or from the Services; (3) Unauthorized access to or
alteration of Your transmission or Data; (4) Statements or
conduct of any third-party on the Services; or (5) Any other
material relating to the Services.
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