Bulk SMS's Services User Terms and Conditions.
The 91 Bulk SMS specifies the actions permitted by Company to its users of our
services, including SMS and other services which may be introduced in future.
Company reserves rights to modify the policy at any time. All subscribers of Our
Services, directly or indirectly are required to engage in acceptable use only
as per this policy as modified from time to time. Company may be used only for
lawful purposes. Transmission, distribution or storage of any material in
violation of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark, trade secret or
other intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat, and
violates export control laws or anti national.
The 91 Bulk SMS Subscriber shall use Company services for lawful purposes only.
Subscriber shall not post or transmit using Company services any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offence, give right to civil liability or
otherwise violate any law, or which, without the Company express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in the Company discretion restricts or inhibits
any other Subscriber from using or enjoying Company services will not be
permitted. Subscriber shall not use Company services to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with the Company services. Subscriber shall not upload, post or otherwise make
available using Company services any material protected by copyright, trademark
or other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with subscriber.
Subscriber shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a
Violations of system or network security are prohibited, and may result in
criminal and Civil Liability. The Company will investigate incidents involving
such violations and may involve/will cooperate with law enforcement agencies if
a criminal violation is suspected. Examples of system or network security
violations include, without limitation, the following: Unauthorized access to or
use of data, systems or networks, including any attempt to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system and
broadcast attacks. Forgery of any identification or obscuring of hostnames,
usernames, IP addresses, or any message header information in any data. Probing
for means of gaining unauthorized access to computers or networks.
Introducing or causing to be introducing any computer contaminant or computer
viruses into system or network. Introducing or causing to introduce any
pornography material, SMS etc. Subscribers agree to defend, indemnify and hold
harmless the Company, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses, including
attorney's fees, arising out of the use of Company Services by subscriber or
anybody else than the Subscriber, if any.
It is a condition of use of Company services that subscriber do not post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offence, give rise to civil liability or otherwise
violate any local, state, national or international law; post or transmit any
information, software or any other material which violates or infringes upon the
rights of others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; post or transmit any
information, software or other material, which contains a virus or other harmful
component; post, transmit or in any way exploit any information, software or
other material for commercial purposes, or which contains advertising.
User cannot use any sender Id to send sms other than his own name, company or
firm's name owned or managed by him/her. Using sender Id other then owned by him
will cause the termination of account and all credits will be set to zero. A
formal complaint will also be lodged (FIR) with the law & order agency. Sending
unsolicited SMS messages, including, without limitation, commercial advertising
and informational announcements, is explicitly prohibited. Company has no
control on the contents of the SMS sent and Company shall not be held
responsible/liable directly or indirectly neither for the content of the SMS
sent nor for any delay in delivery or non-delivery or for any errors routed by
Company through its 91 Bulk SMS. Company shall not be responsible in any manner
due to errors caused on account of internet delays, disconnection, time outs,
routing problems etc. User shall use the facilities provided by Company for
delivery of MT SMS that terminates within India only. User also acknowledges
that it will not use the capability of sending international SMS through Company
91 Bulk SMS.
User will not send unsolicited SMS (also referred to as ‘spamming’) to
subscribers. All SMS sent by user using Company 91 Bulk SMS must conform to IT
Act 2000 and other relevant laws of India. Any violation will be the sole
responsibility of user. User has complete control of the Sender-ID (Alphanumeric
or Numeric) of the MT SMS sent through Company SMS and will not misuse this
facility. In case it is found that user is misusing this facility by sending a
message on someone’s name without his/her approval, it shall be treated as a
breach of this agreement and the connection will be disconnected forthwith.
It shall be sole responsibility of user and Company will in no way responsible
for any such message and the subsequent fallout. Company shall strive to deliver
SMS immediately upon receipt from the user. However Company Shall not be
responsible for any delay, non receipt of SMS or any other interruption in
providing 91 Bulk SMS facility, which may occur due to technical reasons or snags
in the system, break down of 91 Bulk SMS or any other equipment, server
breakdown, maintenance shut down, breakdown of communication services and such
interruption are beyond the control of Company. However, Company acknowledges
that it will put in its best endeavors to achieve the best success rate in
delivery of the SMS messages so routed through its 91 Bulk SMS.
In consideration of Company forwarding the SMS through its 91 Bulk SMS, User shall
pay the agreed amount per SMS + taxes sent anywhere within India. Company shall
be entitled to charge for all the SMS routed by its 91 Bulk SMS, irrespective of
any delay, incomplete message and or non-receipt of the message by the
irrespective mobile phone to which such SMS has been forwarded, however, Company
bills the SMS only on delivery as per Bulk Sms reports & CDR’s.
Company will notify any change in tariff to User Company shall raise bills at the
time of buying the credits by user. The number of MT SMS submitted by user shall
be counted for settlement. User agrees to pay the bill amount immediately when
sent by Company. Such payments shall be in Indian Rupees (INR) The bill
generated by Company shall be the conclusive proof of the SMS sent by 91 Bulk SMS
of Company and the same shall be honored by user, however in case of any anomaly
found by user, he will present its statistics and both parties will resolve the
anomaly. Company shall not be responsible in any manner whatsoever to user or
any other third party for delayed, incomplete and non-delivery of SMS due to
technical reasons. No unsolicited/objectionable message should be sent by user
Bulk SMS will be sent by user to national customer only.
Indirect or attempted violations of the policy and actual or attempted violations
by a third party on behalf of a Company subscriber or a subscriber's end user
shall be considered violation of the policy by such customer or end user. Any
user found violating the above T&C is liable for action under the prevailing
laws including termination of services without any prior notice. We also want to
advise you that if, you do not agree with any of the condition mentioned above
kindly do not register with us.