:: Terms & Conditions ::

Welcome to SMSKWIK, Before you use our free SMS service, you must read and agree to these SMSKWIK Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

  • SMSKWIK Terms of Service - Our general terms and conditions 
  • SMSKWIK Program Policies - Guidelines for using SMSKWIK

Although we may attempt to notify you via  SMSKWIK website when major changes are made, you should visit this terms page periodically to review the terms. SMSKWIK may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. The SMSKWIK Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

  1. Description of Service. SMSKWIK is a free, SMS to all India from SMSKWIK.COM (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the SMSKWIK Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. SMSKWIK disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. SMSKWIK also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
  2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service.  You are responsible for maintaining the confidentiality  and are responsible for all activities that occur there under. SMSKWIK reserves the right to refuse service to anyone at any time without notice for any reason.
  3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the SMSKWIK Program Policies ("Program Policies"), You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by SMSKWIK;  (ii) prevent others from using the Service; (iiii) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SMSKWIK reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
  4. Content of the Service. SMSKWIK takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does SMSKWIK have any obligation to monitor such third party content. SMSKWIK reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. SMSKWIK also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of SMSKWIK, its users and the public. SMSKWIK will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
  5. Intellectual Property Rights. SMSKWIK's Intellectual Property Rights. You acknowledge that SMSKWIK owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "SMSKWIK Rights"), and such SMSKWIK Rights are protected by India and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The SMSKWIK Rights include rights to (i) the Service developed and provided by SMSKWIK; and (ii) all software associated with the Service.
  6. Your Intellectual Property Rights. SMSKWIK does not claim any ownership in any of the content, including any text, data, information or other material, that you send using our SMSKWIK Service. We will not use any of your content for any purpose except to provide you with the Service.
  7. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to SMSKWIK to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
  8. Privacy. As a condition to using the Service, you agree to the terms of the SMSKWIK Privacy Policy as it may be updated from time to time. SMSKWIK understands that privacy is important to you. You do, however, agree that SMSKWIK may monitor, edit or disclose your personal information, including the content of your SMS, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the SMSKWIK Privacy Policy. Personal information collected by SMSKWIK may be stored and processed in the India or any other country in which SMSKWIK Inc. or its agents maintain facilities. By using SMSKWIK, you consent to any such transfer of information outside of your country.
  9. Advertisements. As consideration for using the Service, you agree and understand that SMSKWIK will display ads and other information adjacent to and related to the content of your SMS. SMSKWIK serves relevant ads using a completely automated process that enables SMSKWIK to effectively target dynamically changing content, such as SMS.
  10. Publicity. Any use of SMSKWIK's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement and in compliance with SMSKWIK's then current Brand Feature use guidelines, and any content contained or reference therein, or other such SMSKWIK may provide from time to time).
  11. Indemnification. You agree to hold harmless and indemnify SMSKWIK, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
:: Program policies ::

 

Updated as of April 10th, 2006

To uphold the quality and reputation of SMSKWIK, your use of SMSKWIK is subject to these program policies. If you are found to be in violation of our policies at any time, as determined by SMSKWIK in its sole discretion, we may warn you or suspend or terminate service.

Please note that we may change our policies at any time, and pursuant to our Terms of Use, it is your responsibility to keep up-to-date with and adhere to the policies posted here.

Prohibited Actions

In addition to (and/or as some examples of) the violations described in Section 3 of the Terms of Use, users may not:

  • Generate or facilitate unsolicited commercial SMS ("spam"). Such activity includes, but is not limited to
    • sending SMS  in violation of the CAN-SPAM Act or any other applicable anti-spam law
    • data mining any web property (including SMSKWIK) to find email addresses or Phone numbers.
    • sending unauthorized SMS via open, third-party servers
    • sending unsolicited SMS to significant numbers of SMS phone numbers belonging to individuals and/or entities with whom you have no preexisting relationship
  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  • Transmit content that may be harmful to minors
  • Impersonate another person (via the use of an SMS or otherwise) or otherwise misrepresent yourself or the source of any SMS
  • Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
  • Use SMSKWIK to violate the legal rights (such as rights of privacy and publicity) of others
  • Promote or encourage illegal activity
  • Interfere with other SMSKWIK users' enjoyment of the Service
  • Modify, adapt, translate, or reverse engineer any portion of the SMSKWIK Service
  • Reformat or frame any portion of the web pages that are part of the SMSKWIK Service

Security

You must promptly notify SMSKWIK of any breach of security related to the Services, including but not limited to unauthorized use of SMS.