| The
following are the Terms
and Conditions for the use
of NowCSM.com Services (NowCSM.com
Service" or "the
Service") by the User
("user" or "client").
Any user availing this service
shall invariably be bound
by these Terms and Conditions.
PRIVACY
NowCSM.com
understands the importance
of your privacy. At NowCSM.com
we are committed to protecting
the privacy of our users.
If and when NowCSM.com
collects personal identifying
information, we maintain
the confidentiality, security
and integrity of that
personal information obtained
from our users. We do
not share nor disclose
personal information to
any party beyond the NowCSM.com
network. For your own
protection, please review
the following terms and
conditions before joining
NowCSM.com. We want you
to enjoy NowCSM.com to
the fullest, but we also
want you to stay informed.
Through subscribing to
NowCSM.com, you are agreeing
to our terms and conditions.
Your NowCSM.com account
is password-protected,
meaning only you have
access to your account-related
information. If you refrain
from sharing your password
with others, you can help
us to continue this security
and confidentiality. Remember
to log out of your NowCSM.com
account when you are finished.
By doing so, you protect
your information from
being re-opened by another
person if you are using
a shared or public computer.
Please note that neither
NowCSM.com nor any other
Internet service can promise
complete privacy. The
Internet is not yet 100%
secure, therefore it is
recommended that you take
care with the information
you choose to provide
on any online service.
IP address is a number
that is automatically
assigned to your computer
when you surf the Web.
Web servers are able to
identify your computer
by its IP address. NowCSM.com
does not link IP addresses
to anything personally
identifiable as an individual.
This means that the user's
session will be kept on
record, but the users
personally identifying
information remains anonymous.
Personally Identifying
Information, such as your
name, address, phone number,
date of birth, medical
records and financial
reports are not gathered
through an IP address.
TERMS
& CONDITIONS OF USE
NowCsm.com
offers its service in
good faith. This service
may be used by any genuine
person for the sending
of purposeful SMS messages
to a recipient with a
compatible device according
to the terms set out on
this page.
Your use of NowCsm.com,
means that you agree to
the terms and conditions
outlined below. If you
do not agree to these
terms and conditions,
do not continue to use
any of the NowCsm.com
properties. We reserve
the right to change, modify
and or remove portions
of these terms at any
time. If you choose to
continue your use of this
site after we have posted
changes to the terms,
it means you have accepted
those terms.
THE
SERVICE
The Service
shall consist of a browser
interface, a message interface,
an SMS gateway access.
The User shall be held
responsible for obtaining
and maintaining all computer
hardware, software and
communications equipment
that are needed to access
the Service, and for paying
all the chargeable access
charges (e.g., ISP, telecommunications)
that are incurred while
using the Service.
NowCSM.com offers only
some of its Products and/or
Services free of cost
while others are offered
at a price. All the price
details are mentioned
prominently and are payable
upfront, prior to the
account and/or specific
feature(s) and/or credits
being activated. NowCSM.com
makes no guarantees as
to the continuous availability
of the Service or any
specific feature(s) of
the Service. NowCSM.com
reserves the right to
change or terminate the
Service and/ or alter
the terms and conditions
of this Agreement at any
time with or without notice.
NowCSM.com reserves the
right to change or terminate
the Service and/ or alter
the Terms and Conditions
of this Agreement at any
time with/without notice
and/or with immediate
effect.
NowCSM.com also provides
an option to receive sms
text messages into the
User's NowCSM.com account
(called Inbox). NowCSM.com
may charge an annual fee
for the incoming message
into the User's account.
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.
The Products and/or Services
are "AS IS"
and are subject to the
disclaimers of warranty
and the limitations of
liability as found in
this agreement and which
are subject to testing
by the Users before entering
into this agreement.
SINGLE
USER ACCOUNT - ACCESS
TO USE THE PRODUCTS AND/OR
SERVICES
To access and use NowCSM.com
Products and/or Services,
Users need to have a NowCSM.com
Account ("account").
For this account, the
User needs to complete
a simple one-time registration
process by providing all
current, complete and
accurate information as
prompted by the Registration
Form. Entering inaccurate
details might result in
suspension or blockage
of the account. The User
has to choose his/her
unique "username"
and "password"
(not less than three characters
each).
NowCSM.com reserves the
right to approve Users
for connectivity and accounts
at its sole discretion.
Although NowCSM.com shall
provide connection specifications
and shall attempt to keep
the specifications accurate
and up to date, these
specifications may be
incomplete and may change
from time to time without
NowCSM.com informing the
Users about the changes.
It is the User's sole
responsibility to test
the specifications thoroughly
on a regular basis and
NowCSM.com shall not accept
responsibility for any
specifications that may
be incorrect or incomplete.
The Users shall be entirely
responsible for maintaining
the confidentiality regarding
their password and account
information. In addition,
the Users shall be entirely
responsible for any and
all activities that occur
under their accounts.
NowCSM.com shall not be
held liable to any third
party claims and/or actions
taken with respect to
the Products and/or Services
being offered. The Users
agree to notify NowCSM.com
immediately regarding
any unauthorized use of
their accounts or of any
other breach of security.
If NowCSM.com finds no
activity in any User's
account for more than
365 days, that account
shall be temporarily blocked
/ suspended or deleted
from the system. The Users
may contact NowCSM.com
to re-activate such accounts.
MEMBER
OBLIGATIONS AND DUTIES
NowCSM.com
expressly prohibits any
unauthorized commercial
use of the Service. The
User gives irrevocable
agreement to abide by
all the applicable local,
national and international
laws and regulations.
User is solely responsible
for all acts or omissions
(that occur under its
account or password),
including responsibility
for the content of any
transmissions through
the Service.
NowCSM.com maintains the
right to suspend membership
or terminate an account
that is considered to
be the cause of harm or
interference with our
rights or if the User's
conduct is found to be
inconsistent with the
Agreement.
Furthermore, we may disclose
user information when
required to do so by law.
NowCsm.com
provides by way of example,
and not as a limitation,
the stipulation that the
User agrees not to:
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Use
the Service in any
way connected to any
chain letters, junk
SMS messages, spam
or any unsolicited
messages (commercial
or otherwise); |
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Reverse engineer,
de-compile, disassemble
or otherwise make
any attempt to establish
the source code or
the underlying ideas
or algorithms of the
Products and/or Services |
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Assuming the identity
of any individual
other than yourself.
You may not impersonate
another member, or
a Nowcsm.com staff
member or brand. |
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Transmit through
the Service, or associate
with the Service or
publish within the
Service any unlawful,
harassing, libelous,
or abusive, threatening,
and harmful, or vulgar,
obscene or otherwise
any objectionable
material of any kind
or nature; |
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Transmit any material
that is an infringement
of the intellectual
property rights or
other rights of third
parties, which will
include any trademark,
copyright or right
of publicity; |
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Libel, defame or
slander any person,
or try to infringe
upon any person's
privacy rights; |
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Harvest or otherwise
collect, information
about other Users,
including email addresses,
without obtaining
their consent; |
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Interfere with
or disrupt the networks
connected to the Service
or violate the regulations,
policies or procedures
of such networks;
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Attempt to gain
unauthorized access
to the Service, or
to other accounts,
computer systems or
networks connected
to the Service, by
using password mining
or by any other means;
|
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Interfere with another
User's peaceful use
and enjoyment of the
Service or another
entity's peaceful
use and enjoyment
of similar services |
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Engage in any other
activity that NowCsm.com
could believe may
subject it to criminal
liability or civil
penalty or judgment. |
FEES
AND PAYMENT
In consideration
for the use of services,
the User agrees and shall
pay to NowCSM.com a sum
called a transaction fee
or subscription fee (as
appropriate) for messages
delivered or partially
delivered using any available
delivery method, at the
prescribed and applicable
rate then in effect. NowCSM.com
may, from time to time,
and at its own discretion,
offer limited time "Free
Trial" or similar
type or different promotions
during which period no
transaction fees or reduced
transaction fees may apply.
Such promotions are intended
for Users to test the
capabilities of the Service
and/or for casual, personal
use only. During such
promotions, all provisions
of this Agreement shall
remain in full force and
effect.
All fees are payable upfront.
Upfront payment refers
to payment that is made
within a reasonable time
so as to allow NowCSM.com
to add the SMS credits
to the client's account.
Payment shall be deemed
to have been made, as
soon as the fee is available
with NowCSM.com
The following payment
options are available
| |
Credit/Debit
Card via On-line Payment
Gateway (listed on
the website)
Direct Wire Transfer
into NowCSM.com's
Bank Account (details
available on request)
Cheque/Demand Draft/Cash
deposit into NowCSM.com
Bank Account (details
available on the NowCSM.com
website) |
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Pre-Paid 3rd Party
Cash/Scratch Cards
available at leading
retail outlets (listed
on the website) |
If NowCSM.com
finds no purchase related
activity in any User's
account for more than
365 days, that account
shall be temporarily blocked
or suspended. The Users
may contact NowCSM.com
to re-activate such accounts.
Payment - Transaction
fees are due and payable
at the time of or before
NowCSM.com delivers a
message to the User's
recipients, via every
method of de livery based
upon the billing plan
selected by NowCSM.com.
Payment shall be deemed
to have been made as soon
as the fee is available
with NowCSM.com's
Credit Card Payment -
If the User has elected
to pay for the Service
by credit card, and NowCSM.com
does not receive payment
from the credit card issuer,
the User agrees to pay
all amounts due, immediately
upon demand by NowCSM.com.
All amounts are pre-paid
and the User agrees to
payment and the Terms
and Conditions of such
payment, when such payment
is made. NowCSM.com reserves
the right to come to other
payment arrangements on
a case-by-case basis.
(Agreements with the credit
card issuer govern use
of the User's credit card,
and the User must refer
to that agreement to ascertain
its rights and liabilities
as a cardholder.) The
User is charged in USD
and conversion rates are
worked out once a day
against the prevailing
exchange rate. This may
change the sales price
due to currency fluctuations.
The final purchase amount
is the amount reflected
on the Credit Card holder's
statement.
Refunds for SMS message
credits - The User can
request a refund of monies
paid to NowCSM.com within
7 days of making any purchase
of SMS message credits
from NowCSM.com, provided
t hat there are enough
credits in the User's
account to be subtracted
by NowCSM.com, i.e. all
messages sent will be
subtracted from the User's
account. Further to that
the User will receive
back the amount which
fits in with the corresponding
volume-option - i.e. on
the cost-scale equivalent
to the amount of message
units sent. There is a
20% charge on all refunds.
Refunds for branding fees,
licenses, monthly administration
fees, and any other fee
that the User pays to
NowCSM.com, which excludes
all SMS mess age credit
fees: no refunds will
be made for any fees which
are not related to SMS
message credits.
Cost Increase - The User
acknowledges that NowCSM.com
is dependent on various
telecommunication networks
and institutions for the
delivery of its messages
and that NowCSM.com may
revise its prices and
offerings for its products
and services, should the
prices be adjusted due
to reasons, which are
beyond NowCSM.com control.
NowCSM.com undertakes
to notify the clients
and users of such adjustments
in writing, prior to implementing
such adjustments.
No refunds will be made
in any case for any fees
already collected like
branding (Sender Name/Number)
fees, one-time setup fees,
license/subscription fees,
monthly administration
fees, and any other such
fee that the Users may
pay to NowCSM.com.
The User expressly understands
that rate, calculated
by the number of credits
to specific destination
network may change due
to various factors, and
that NowCSM.com may adjust
these credits whenever
it deems it necessary
to do so, with or without
prior notice to the User.
NowCSM.com may take anything
between 12 hours to 24
hours, after the payment
has been realized, to
activate/upgrade the account,
provide access to specific
feature(s) and/or add
credits to the User's
account. NowCSM.com reserves
the right to approve Users
at its sole discretion.
LIMITATIONS
OF THE PRODUCTS AND/OR
SERVICES PROVIDED
Messages will be considered
as delivered when NowCSM.com
has delivered, or sent
the messages to the immediate
destination that NowCSM.com
Core Messaging Platform
has been programmed to
do, which include SMPP/SMTP
servers, or Mobile Telephone
Networks. In addition,
any other intermediary
server or API is also
deemed to be the point
of dispatch of the message.
NowCSM.com does not extend
guarantee of delivery
on behalf of the Mobile
Telephone Networks or
Servers.
Although NowCSM.com makes
all efforts to ensure
delivery and prides itself
on speedy delivery of
messages, messages may
be delivered late as a
result of queuing or network
congestion/traffic.
NowCSM.com lays no claim
to its network coverage.
Although NowCSM.com focuses
on giving extensive coverage
aggregation services,
the mobile networks may
choose from time to time
to not be a part of NowCSM.com
or of its Service Providers'
Networks. This may lead
to messages not being
delivered to those particular
networks. Though NowCSM.com
makes all possible efforts
to inform the Users of
non-availability of a
network as soon as it
is aware of the same,
there can be networks
appearing on the Coverage
List but NowCSM.com is
unable to deliver to.
There is no upper limit
on the number of messages
a User may send through
NowCSM.com. NowCSM.com
also provides an option
to receive sms text messages
into the User's NowCSM.com
account (called Inbox).
NowCSM.com generally has
a record of all the messages
sent and received till
date (at least for one
year). However, NowCSM.com
assumes no responsibility
for any deletion or for
any failure to store message
data. NowCSM.com may,
in future, after prior
or without prior notification,
limit the storage space
(sent as well as received
combined) that may be
available to each User.
NowCSM.com normally transmits
its own brand name or
gateway number as the
Sender Name/Number for
each of the messages that
the Users send. The Users
can change this to have
their own Brand/Company
Name/Mobile Number, at
any point of time after
fulfilling the necessary
and prevalent requirements.
Please note that the Sender
Name/Number is not a guaranteed
feature and may be changed
by NowCSM.com or its Service
Providers' Networks with/without
notice to suit the requirement
of the various technologies/networks/regulatory
bodies etc.
TERMINATION,
CANCELLATION, AND SUSPENSION
Modification
of Terms - NowCSM.com
frequently updates, modifies,
and otherwise continually
makes efforts to improve
all the NowCSM.com services
and products. Such changes
often dictate that we
simultaneously modify
our Terms and Conditions
of Use. Hence, NowCSM.com
shall have the right to
modify any or all the
terms of this Agreement
and to change or drop
any aspect or feature
of the NowCSM.com service,
in either case, as it
deems reasonably necessary.
Such changes shall be
effective immediately
upon posting of such addition,
change, or deletion. Any
use by the User of the
Service after any such
change has been posted
shall be construed as
the acceptance of any
such changes. If the User
is not agreeable to any
such changes, the Service
may be canceled in accordance
with the procedures for
cancellation set forth
in this Agreement. The
User acknowledges its
responsibility to read
and review this Agreement
from time to time and
also to be aware of any
such changes.
Termination, Cancellation
and/or Suspension by NowCSM.com
- This Agreement and the
license granted hereunder
can be terminated, canceled
and/or suspended by NowCSM.com
at any time if, in NowCSM.com
sole discretion, the User
has breached the Terms
of Service. Such termination,
cancellation and/or suspension
by NowCSM.com shall come
into effect immediately
after giving notice by
NowCSM.com to the User
in any reasonable manner,
including but not limited
to, notification by e-mail.
Upon, during, and/or after
any such breach, NowCSM.com
has the option to suspend,
terminate and/or cancel
this Agreement. In addition,
NowCSM.com has the right
to recover any and all
damages from the User
arising from or relating
to the event(s) giving
rise to the suspension,
termination or cancellation.
NowCSM.com reserves the
right to suspend the client's
service at any stage for
any reason that it may
deem necessary in order
to continue to provide
any of its services in
a way that may be hindered
by the Client's status
as being a NowCSM.com
client, or the financial
status of the client or
the content of the messages
originating from the client.
In the event that NowCSM.com
has cause to receive complaints
from recipients or third
parties with respect to
the use of the Service,
NowCSM.com additionally
reserves the right, in
its sole discretion, to
disclose any and all information
to the recipient, applicable
authorities or any other
party with regard to its
clients and application
Users.
Termination or Cancellation
by the User - The User
has the right and is free
to terminate or cancel
this Agreement at any
time and for any reason.
The User only has to intimate
NowCSM.com by sending
an email of this intention.
However, it is to be noted
clearly that any sum or
pre-paid credit amount
remaining pending at the
time of cancellation of
this Agreement shall not
be repaid to the User.
Obligations Upon Termination
and/or Cancellation -
Upon the termination,
cancellation and/or suspension
of this Service Agreement,
the User remains responsible
for any obligations that
have been accrued including,
but not limited to, payment
of any costs or charges
that may be arising in
connection with such termination,
cancellation and/or suspension,
and payment of all outstanding
transaction fees for use
prior to said termination,
cancellation and/or suspension
occurs. The payment and
other obligations under
this Service Agreement
are not suspended, stayed,
or otherwise affected
by a suspension of access
to / or use of NowCSM.com
(in whole or in part)
where the said suspension
arises from the User's
failure to comply with,
or violation of, the terms
of this Service Agreement
or of any law or legal
obligation. Upon termination
and/or cancellation, for
any reason, the User agrees
to immediately cease using
NowCSM.com and removes
all the NowCSM.com software
and the applications on
any computer, database,
and the server (local
or remote) in its possession
or under its control.
NowCSM.com shall have
no obligation whatsoever
to the User after the
termination or cancellation
of this Service Agreement.
WARRANTIES
OR LIABILITIES
While
it is to be understood
that NowCsm.com will make
all efforts to 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
to make all upgrades to
the NowCsm.com portal
available to the User
in a commercially reasonable
and timely manner. The
User acknowledges that
NowCsm.com cannot guarantee
the availability of a
Carrier's SMSC. The user
expressly acknowledges
and agrees that the use
of the service is generally
at its own risk and that
NowCsm.com's service is
being provided "AS
IS" and "AS
AVAILABLE" without
any warranties or conditions
whatsoever, express or
implied. NowCsm.com will
use commercially reasonable
efforts to make the access
to its services always
available to the user
through the required access
protocols, but makes no
warranty or guarantee
that the user will be
able to access NowCsm.com
at any particular time
or any particular location.
NowCsm.com (which also
includes its owners, employees,
suppliers, internet service
providers, partners, affiliates
and agents) shall not
be held liable for any
damage, loss or liability
of any nature incurred
by whomever and resulting
from use of the service
and the internet generally,
as well as access to the
NowCsm.com website, the
access to websites linked
to the NowCsm.com website,
any inability to access
the NowCsm.com website;
the inability to access
websites linked to the
NowCsm.com website, any
content available on the
NowCsm.com website, any
or all services available
from the NowCsm.com website,
any or all products available
from the NowCsm.com website,
any downloads and use
of content from the NowCsm.com
website, and/or any other
reason which is not directly
related to NowCsm.com
gross negligence.
The information, ideas
and opinions expressed
on the NowCsm.com website
should not be regarded
as professional advice
or the official opinion
of NowCsm.com
NowCsm.com does not make
any warranties or representations
that the NowCsm.com website
shall be available at
all times. Users acknowledge
that the NowCsm.com website
may be unavailable due
to updates or other causes
beyond the reasonable
control of NowCsm.com,
including, but not limited
to virus infection, unauthorized
access (hacking), power
failure or other "acts
of God".
NowCsm.com does not make
any warranties or representation
that the content and the
services available from
the NowCsm.com website
shall in all cases be
true, correct or free
from any errors. NowCsm.com
shall take all reasonable
steps to ensure that the
quality and accuracy of
content is available from
the NowCsm.com website.
NowCsm.com and its affiliates,
agents, content providers,
service providers, and
licensors -
a) Hereby disclaim all
express and implied warranties
as to the accuracy, completeness,
non-infringement, merchantability
or fitness for any or
all particular purposes
of NowCsm.com generally,
and that any content or
services contained therein,
as well as all the express
and implied warranties
that the operation of
NowCsm.com is generally
and that any content or
services contained therein
will be uninterrupted
or error-free.
b) Shall in no event
be held liable to the
user or anyone else for
any inaccuracy, error
or omission in, or loss,
injury or damage caused
in whole or in part by
the failures, delays or
interruptions of the service
generally, and any aspect
ancillary thereto; (the
user agrees to indemnify
NowCsm.com for any and
all third party claims
arising from any such
or of the failures, delays
or interruptions in connection
with regard to use of
the service).
High risk activities
- The NowCsm.com service
is not fault-tolerant
and is not designed, manufactured
or intended for use or
resale as online control
equipment in hazardous
environments requiring
fail-safe performance,
including but not limited
to use in the operation
of nuclear facilities,
aircraft navigation or
communication systems,
air traffic control, direct
life support machines,
or weapons systems, in
which the failure of NowCsm.com
could lead directly to
death, personal injury,
or to severe physical
or environmental damage
("high risk activities").
In addition to all the
other disclaimers and
limitations contained
within this agreement,
NowCsm.com and its affiliates,
agents, content providers,
service providers and
licensors specifically
disclaim any express or
implied warranty of fitness
for high risk activities
which may also include
emergency notification
services.
Messages will be considered
as delivered when NowCsm.com
has delivered, or sent
the messages to the immediate
destination that NowCsm.com's
software has been programmed
to do, NowCsm.com does
not extend any guarantee
of delivery on behalf
of the Mobile telephone
networks
Although NowCsm.com focuses
on giving extensive coverage
aggregation services,
the mobile networks may
choose from time to time
to not be a part of NowCsm.com
or of its service providers'
networks. This may lead
to messages not being
delivered.
Although
NowCsm.com makes all efforts
to ensure delivery and
prides itself on fast
delivery of messages,
messages may be delivered
late as a result of queuing
or network traffic. This
situation will still result
in displaying the message
as "delivered".
THIRD
PARTY BENEFICIARIES
Notwithstanding anything
to the contrary contained
herein, the provisions
for the "Warranties
and Liabilities"
set forth are for the
benefit of NowCSM.com
and its affiliates, agents,
content providers, services
providers, partners and
licensors and each shall
have the right to assert
and enforce such provisions
directly on its own behalf.
INDEMNIFICATION
The User agrees to indemnify,
hold harmless, and defend
NowCSM.com and its affiliates,
agents, content providers,
services providers, partners
and licensors against
any and all claims, liabilities,
damages, all costs and
expenses (including, but
not limited to consequential
damages, incidental damages,
special damages, attorneys'
fees and disbursements)
arising from or relating
to -
the use of the Products
and/or Services in any
manner which violates
the terms of this Agreement
or otherwise violates
any law, rule, or regulation
and
Any claims made by third
parties arising from issues
related to any failure,
delay or interruption
of the Products and/or
Services.
The User agrees to cooperate
as fully as reasonably
required in the defense
of any claim. NowCSM.com
reserves the right, at
its own expense, to assume
the exclusive defense
and control of any matter
otherwise subject to indemnification
by the User.
EXTERNAL
LINKS
NowCSM.com may provide
hyperlinks to websites
not controlled by NowCSM.com
("target sites")
and such hyperlinks do
not imply any endorsement,
agreement on or support
of the content, products
and/or services of such
target sites. NowCSM.com
does not editorially control
the content, products
and/or services on target
sites and shall not be
liable, in any manner
whatsoever, for the access
to, inability to access,
use, and inability to
use or content available
on or through target sites.
USE
OF SITE
NowCsm.com
licenses the User to view,
download, save and print
the content of the NowCsm.com
website, provided that
such content is to be
used for private, personal,
educational and/or non-commercial
purposes only or to view,
download, save and print
this agreement for legal
and/or evidential purposes.
Content from the NowCsm.com
website may not be used
or exploited by Users
for any commercial and
non-private purposes without
the express and prior
written consent of NowCsm.com.
Users
are advised to only access,
browse and use the NowCsm.com
website for legitimate
personal or commercial
purposes and they may
not use the NowCsm.com
website or any NowCsm.com
services and/or products
for -
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Harmful
purposes |
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Illegal purposes |
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Disclosing, sharing
or publishing material
that may be considered
to be offensive, defamatory,
restricted, prohibited,
infringing or damaging
to any person; and/or |
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The creation, storage
and sending of unsolicited
commercial communications. |
If any
User uses content from
the NowCSM.com website
in the breach of the provisions
detailed herein NowCSM.com
reserves the right to
terminate the user account
and/or Disclose any information
when required to do so
by the law.
NowCSM.com shall not be
liable, in any manner
whatsoever for any damage,
loss or liability that
may result from the use
of such content by the
User or by any third party
who has obtained any content
from the User.
Hyperlinks to the NowCSM.com
website from any other
source shall be directed
to the home page of the
NowCSM.com website. Links
beyond the NowCSM.com
home page may only be
used with NowCSM.com prior
written consent and permission.
NowCSM.com shall not be
liable, in any manner
whatsoever, for any damage,
loss or liability that
results from the use of
content, products or services
available from the NowCSM.com
website and if such content,
products or services was
accessed through a hyperlink
not directed at the home
page of the NowCSM.com
website. Persons that
wish to link to pages
beyond the home page of
the NowCSM.com website
without NowCSM.com's prior
written consent shall
do so at their own risk
and indemnify NowCSM.com
against any loss, liability
or damage that may result
from the use of such hyperlinks.
NowCSM.com's non-liability
for deep linking is based
on the fact that deep
links bypass these Terms
and Conditions.
No person may, without
the prior written consent
and permission of NowCSM.com,
frame the NowCSM.com website
in any manner whatsoever.
E-mail addresses, names,
telephone numbers and
fax numbers published
on the NowCSM.com website
cannot be incorporated
into any database, used
for electronic marketing
or similar purposes. No
permission is given or
is implied that the information
on the NowCSM.com website
may be used to communicate
unsolicited communications
to NowCSM.com.
SECURITY
NowCSM.com
shall take all reasonable
steps to secure the content
of the NowCSM.com website
and to secure the information
provided by and collected
from Users to prevent
unauthorized access and/or
disclosure. However, NowCSM.com
does not make any warranty
or representation that
the said content shall
be 100% safe or secure.
NowCSM.com is under no
legal duty to encrypt
any of the content or
communications from and
to Users and is also under
no legal duty to provide
the digital authentication
of any pages on the NowCSM.com
website.
Users are not permitted
under any circumstance
to deliver or attempt
to deliver, whether deliberately
or negligently, any damaging
code, such as computer
viruses, robots or spy
ware, to the NowCSM.com
website or the server
and computer network that
supports the NowCSM.com
website.
Notwithstanding criminal
prosecution, any person
who delivers or attempts
to deliver any damaging
code to the NowCSM.com
website, whether deliberately
or negligently, shall,
without any limitation,
indemnify and hold NowCSM.com
harmless against any and
all liabilities, damages,
risks and losses that
NowCSM.com and its partners/affiliates
may suffer as a result
of such delivery, attempt
or damaging code.
Users are not permitted
to develop, distribute
or use any device or programme
designed to breach or
to overcome the security
measures of the restricted
pages, the products and
the services on the NowCSM.com
website. NowCSM.com reserves
the right to claim damages
from any and all persons
involved, directly and
indirectly, in the development,
use and distribution of
such devices or programmes.
Users who commit any of
the above offences shall,
notwithstanding criminal
prosecution, be held liable
for all resulting liabilities,
losses, destruction or
damages that may be suffered
and/or incurred by NowCSM.com
and its partners/affiliates
as a consequence or related
to these illegal actions.
MISCELLANEOUS
The failure of either
NowCSM.com or the User
to exercise in any respect
any right provided for
herein will not be deemed
a waiver of any further
rights hereunder. If any
provision of this Agreement
is found to be unenforceable
or invalid, that provision
will be limited or eliminated
to the minimum extent
necessary so that this
Agreement will otherwise
continue to remain in
full force and effect
and is enforceable.
In this Agreement, any
reference to the singular
includes the plural and
vice versa, any reference
to natural persons includes
legal persons and vice
versa and any reference
to one gender includes
the other genders.
This Agreement shall be
governed by and construed
and interpreted in accordance
with the laws of the Union
of India.
No agency, partnership,
joint venture, or employment
is said to be created
as a result of this Agreement
and the User does not
have any authority of
any kind to bind NowCSM.com
in any respect whatsoever.
In any action proceeding
to enforce rights under
this Agreement, the prevailing
party will be entitled
to recover all the costs
and attorneys' fees.
All notices under this
Agreement will be in writing
and will be deemed to
have been duly given when
received, if personally
delivered; when receipt
is electronically confirmed,
if transmitted by facsimile
or e-mail; the day after
it is sent, if sent for
next day delivery by recognized
overnight delivery services;
and upon receipt, if sent
by certified or registered
mail, return receipt requested.
COPYRIGHT
RULES
Everything
contained within this
site is owned by NowCsm.com
or used with permission.
If you wish to retransmit,
use or copy any information
for this site, you must
have our explicit written
permission. Ownership
or permission must be
gained if you wish to
change or advertise anything
from NowCsm.com. Violators
of this policy will be
dealt with in a serious
and legal manner.
DISCLAIMER,
LIABILITY & WARNING
Every
message sent into the
network is billable, there
is no guarantee of actual
delivery or delivery within
a specific period of time.
Sending a Text Message
to someone who is not
on a listed in our supported
network list or out of
our coverage area may
result in your message
not being delivered to
that person. Sending messages
with destination numbers
in the incorrect format
and not in the International
format will result in
you message failing. Messages
not delivered after 12
to 72 hours (operator
dependant) will be deleted.
In the case a users phone
is switched off or out
of coverage area and not
detected by the network
or SIM card or phone memory
is full, the message will
be stored for the maximum
validity and retried periodically
according to International
standards or norms until
it is delivered after
which it will be deleted
if successful delivery
is not possible. Maximum
message length is up to
160 characters for text
and 69 characters for
Unicode. Long messages
and multi-part messages
will be billed the number
of SMS sent Additionally
you may experience inconsistencies
in message delivery if
the receiving party is
roaming off their home
network or recently has
changed their service
provider while maintaining
their original phone number
in a number portability
area. When sending binary
messages both network
and device must be capable
of the format you are
sending. Delivery of some
kinds of messages are
handset dependent This
is a limitation of the
International delivery
network, and or the mobile
device and not of the
mysmsaddress.com service,
and we regret any inconvenience
this may cause. International
Text Messages or SMS are
billed based on destination
and are listed in the
Supported network area.
This service is not meant
to be used in an emergency
as a replacement to existing
services or methods of
communication in an emergency.
As an individual using
this site, you are doing
so at your own risk. Here
at NowCSM.com, we uphold
our terms of use seriously.
Our reasoning behind such
claims is that we are
not liable for any damages
that may result from your
use of the site.
NowCSM.com assumes no
responsibility for the
deletion or failure to
store information. NowCSM.com
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, NowCSM.com
reserve s 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.
These Terms and Conditions
constitute the whole agreement
between NowCSM.com and
the User and neither party
shall be bound by any
undertakings, representations,
warranties, promises or
the like not recorded
herein. |