This User Agreement describes the terms and conditions applicable between Nascent Solutions and every person (hereafter called 'Registered User' or User) who avails the 'SMS440.COM' service under the domain and sub-domains at http://www.sms440.com. If you do not agree to be bound by these terms and conditions you may not use the sms440.com website. Reasonable use of the sms440.com 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 NASCENT SOLUTIONS 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.

sms440.com acts only as a passive conduit for the distribution and transmission of data in form of SMS.

The services offered under sms440.com is powered by Nascent Solutions. sms440.com is just a DOT COM which promotes Nascent solutions products and services. sms440.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. Nascent Solutions has no obligation to observe and monitor the service. However, we reserves the right to review materials posted and to remove any material/s. Nascent Solutions reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Nascent Solutions 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.

Restricted Messages.

You must not send messages like abuse, adultery content, insulting content, etc which we do not permit on the Site, We do not accept any obligation to protect you for sending restricted messages on our Site. sms440.com free site is not meant for communicating advertisement messages. Such sales and marketing messages are restricted in our site.

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, Nascent Solutions 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 users 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 sms440.com 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.

1. Services

MODIFICATION OF THESE TERMS OF SERVICE

Nascent Solutions 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. Nascent Solutions makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Nascent Solutions reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without prior notice. Service termination occurs are addressed in the sections below.
Messages shall be deemed to have been delivered when sms440.com has delivered/sent the messages to the immediate destination that sms440.com's software is programmed to do. Nascent Solutions does not guarantee delivery on behalf of Mobile telephone networks.

2. USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this Service Agreement and Indian Law, Nascent Solutions 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 Nascent Solutions 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 Nascent Solutions products and/or services. As between the parties, the User acknowledges that Nascent Solutions, 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 sms440.com 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

Your mobile no. is your 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. Nascent Solutions will not be held liable to any third party claims and/or actions taken with respect to services offered.

5. RISKS

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 sms440.com services.

6. MEMBER PRIVACY

It is Nascent Solutions policy to respect the privacy of the User. Nascent Solutions will not monitor, edit, or disclose any personal information about the User or the User's sms440.com account, including its contents, without the User's prior permission unless Nascent Solutions 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 Nascent Solutions;
(3) Enforce this Service Agreement or protect Nascent Solutions business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by Nascent Solutions;
(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. Nascent Solutions suggest the Sender's name and/or email address should be with each message that the end-user sends.

The User agrees that Nascent Solutions may access their account, including its contents, as stated above or to respond to service or technical issues.

The sms440.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 sms440.com to provide the service. Various advertisers sponsor free sms440.com 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 sms440.com has the right to run such advertisements and promotions. The Service is provided as is without warranty of any kind. Nascent Solutions hereby disclaim all warranties and conditions with regard to "The Service".

7. MO AND PREMIUM RATED SERVICES

Nascent Solutions 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.
Nascent Solutions offers MO and premium rated services ("premium rated services") in certain territories. This is subject to change and can be confirmed with sms440.com from time to time.

Any User wishing to use sms440.com's premium rated services shall do so subject to such terms and conditions as may be imposed by Nascent Solutions in its premium rated Quotation forms.
The costs associated with the premium rated services shall be as set out in the quotation form. sms440.com will collect MO messages and pass these on to the User in the methods described by Nascent Solutions. 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 sms440.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 sms440.com gateway or cause the quality of the MO number lines or sms440.com's service in general to be impaired or interrupted in any manner whatsoever. Nascent Solutions shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair the Nascent Solutions service or the MO number ranges, notwithstanding that this may require suspending the operation of the Nascent Solutions MO service. Nascent Solutions 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 Nascent Solutions against any claim, action or damage suffered or incurred by Nascent Solutions as a result of a breach by the User of this warranty.

PLEASE NOTE:

In order to ensure that Nascent Solutions complies with industry codes of conduct, users are obliged to route all MT messages related or associated directly or indirectly with any sms440.com hosted short code via sms440.com's messaging gateway. This will enable sms440.com 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. Nascent Solutions 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 sms440.com's trademarks (whether registered or unregistered) or to make reference to sms440.com in any advertising, publication or communication related to the MO or bi-directional SMS Services or otherwise, other than such usage as permitted by Nascent Solutions in writing.

Should the User's account be used by users for such networks as Nascent Solutions charges for incoming messages, the User shall be responsible for such costs in full. These charges are published by Nascent Solutions from time to time, and can be amended by Nascent Solutions as and when Nascent Solutions deems it necessary. Nascent Solutions shall have the right to subtract such message credits as are necessary to redeem the said charges from the User's sms440.com account.

8. MESSAGE AND OTHER LIMITATIONS

Nascent Solutions assumes no responsibility for the deletion or failure to store information. Nascent Solutions 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, Nascent Solutions 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. Nascent Solutions 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 Nascent Solutions 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 sms440.com believes could subject it to criminal liability or civil penalty or judgment.

10. NO WARRANTIES OR LIABILITIES

NASCENT SOLUTIONS (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 sms440.com WEBSITE, ACCESS TO WEBSITES LINKED TO T HE sms440.com WEBSITE, INABILITY TO ACCESS THE sms440.com WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE sms440.com WEBSITE, CONTENT AVAILABLE ON THE sms440.com WEBSITE, SERVICES AVAILABLE FROM THE sms440.com WEBSITE, PRODUCTS AVAILABLE FROM THE sms440.com WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE sms440.com WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO sms440.com'S GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT NASCENT SOLUTIONS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NASCENT SOLUTIONS WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO sms440.com AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS sms440.com AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

Whilst Nascent Solutions 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 sms440.com API available to The User in a commercially reasonable and timely manner, the User acknowledges that Nascent Solutions cannot guarantee the availability of a Carrier's SMSC. Information, ideas and opinions expressed on the sms440.com website should not be regarded as professional advice or the official opinion of Nascent Solutions, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the sms440.com website.