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ZIP SMS
Address	:	TechShastra (I) Pvt. Ltd. 217 / 218 T.V. Industrial Estate, S.K.Ahire Marg, Worli, Mumbai 400 025. India.
Telephone	:	+91(22)6660 7555
Fax	:	+91(22)6661 8581
E-mail	:	support@zipsms.com
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Terms & Conditions
TERMS AND CONDITIONS 

This service is provided by Techshastra India Pvt. LTD ("We" or "Techshastra"or"ZIPSMS")to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by zipsms. zipsms currently offers services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the privacy policy, and (ii) any guidelines posted on the ZIPSMS network of sites. Zipsms reserves the right to change the nature of this relationship at any time without notice to you. In addition, when using particular services of Zipsms, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by Zipsms from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their ZIPSMS ("Account") canceled and they may permanently be banned from using ZIPSMS. ENTERING a page of the ZIPSMS site WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY SITE OF THE ZIPSMS NETWORK.  
  
1. Description of Service 
ZIPSMS currently provides users with access to a collection of resources, including, various communications tools, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including but not limited to the release of new ZIPSMS properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that ZIPSMS assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in Indian Rupees. In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content and data, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.  
   
2. Your Registration Obligations 
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZIPSMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZIPSMS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  
   
3. User Account, Password, and Security 
You will receive confirmation of your User ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. ZIPSMS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.  
   
4. User Conduct 
You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not ZIPSMS, are entirely responsible and liable for all activities conducted through your Account. ZIPSMS does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will ZIPSMS be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in ZIPSMS terminating your Account. You agree not to do any of the following actions while using the Service: Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another ZIPSMS participant, user, or other individual or entity; Upload, post, email, SMS, or otherwise transmit via the Service any Content that ZIPSMS considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment; Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; Impersonate in the Service any person, including but not limited to, a ZIPSMS official, forum leader, guide or host; Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service; Collect or store personal data about other users; Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner; and Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service. Note on unsolicited advertising and Spam: ZIPSMS policy on using our communication system to market to our users mandates that: The account of sender of any message deemed to be "Spam", "marketing" or "mail bombing" to any other user or users will be terminated immediately and the sender shall be liable to penalties as applicable at the time. You acknowledge that ZIPSMS doesn't pre-screen Content, but that ZIPSMS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, ZIPSMS shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that 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. In this regard, you acknowledge that you may not rely on any Content created by ZIPSMS , transmitted through the Service, or submitted to ZIPSMS. You acknowledge and agree that ZIPSMS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ZIPSMS, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices 
  
5. International Use 
Recognizing the global nature of the Internet and wireless/SMS messaging, you agree to comply with all local rules regarding online and telecommunication conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from INDIA or the country in which you reside.  
   
6. Public Content Posted on or via the Service 
For purposes of this Agreement, "publicly accessible areas of the Service" are those accessible by the general public. With respect to Content you elect to post for inclusion in publicly accessible areas of the Service that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant ZIPSMS the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service of ZIPSMS to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant ZIPSMS the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.  
   
7. Indemnity 
You agree to indemnify and hold ZIPSMS, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.  
   
8. No Resale of Service 
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.  
   
9. General Practices Regarding Use and Storage 
You acknowledge that ZIPSMS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the ZIPSMS servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ZIPSMS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that ZIPSMS reserves the right to log off accounts that is inactive for more than 90 days. You further acknowledge that ZIPSMSreserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.  
   
10. Modifications to Service 
ZIPSMS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ZIPSMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  
   
11. Termination 
You agree that ZIPSMS, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ZIPSMS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. ZIPSMS may also in its sole discretion and at any time discontinue providing the Service or any part thereof, with or without notice and with or without any reason thereof. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that ZIPSMS may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that ZIPSMS shall not be liable to you or any third-party for any termination of your access to the Service. 
 
   
12. ZIPSMS Proprietary Rights 
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ZIPSMS or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ZIPSMS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ZIPSMS for use in accessing the Service.  
   
13. Disclaimer of Warranties 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZIPSMS 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. (b) ZIPSMS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIPSMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  
   
14. Limitation of Liability 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZIPSMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZIPSMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. ZIPSMS especially states that it has no financial liability whatsoever to any user on account of the use of , or disruption, termination of service or any other reason thereof.  
   
15. Notice 
Notices to you may be made via email, SMS (short message service), regular mail, or the Service may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Service.  
   
16. Copyright Policy 
ZIPSMS respects the intellectual property of others, and we ask our users to do the same. Under the appropriate circumstances, it is ZIPSMS policy to remove and/or to disable access from the Service to web pages of repeat infringes, and to terminate subscribers and account holders who are repeat infringes.  
   
17. General Information 
This Agreement constitutes the entire agreement between you and ZIPSMS and governs your use of the Service, superceding any prior agreements between you and ZIPSMS You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and ZIPSMS shall be governed by the laws of LAWS OF REPUBLIC OF INDIA, without regard to its conflict of law provisions. You and ZIPSMS agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mumbai, India. The failure of ZIPSMS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 
 
   
18. Trademarks  
ZIPSMS Logo, is the trademark TechShastra (I) Pvt Ltd. Other product names, logos, designs, titles, words or phrases mentioned within this publication may be trademarks, servicemarks, or tradenames of TechShastra (I) Pvt Ltd. or other entities and may be registered in certain jurisdictions. 

Copyright © 2002 TechShastra (I) Pvt Ltd. All rights reserved. These Help Pages may not be copied, photocopied, reproduced, translated, or published in any electronic or machine-readable form in whole or in part without prior written approval of TechShastra (I) Pvt Ltd. First Edition: November 2002 
 
   
19. Violations 
Please report any violations of this Agreement to info@zipsms.com.
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