vip4sms.com User agreement (Agreement) describes terms and conditions accoding to which vip4sms.com (We or Our company) provides you (Customer or You) services. While registering or using vip4sms.com services Client is obliged to follow all the articles of the below User agreement.
- Right to use vip4sms.com services.
Our services are provided only to private persons or business units (in particular to interprises), that have proper legal status allowing them to conclude legally binding contracts according to the applicable laws. Herewith User acknolewdges that he has right to carry on private business according to the laws of applicable jurisdiction (within the validity period of the present Agreement), does not compete the vip4sms.com company, as well as declares that at the time of the present Agreement approval has reached the age of 18 and as per the age has righ to conclude binding contracts as a Customer.
- vip4sms.com services
vip4sms.com offers the Customer its services upon condition that the latter is obliged to follow the present Agreement. Under the present Agreement: (a) Customer" (or You) means private person or business unit, including its employees or agents, that uses or is going to use Services; (b) vip4sms.com Services mean electronic or interactiv services provided by vip4sms.com. vip4sms.com Online reserves the right to change or stop any of the Services at any time.
- Copyright
You declare that all the materials (except materials downloaded by Users) that are presented on this Web-page including but not limited to information, documents, goods, logos, graphics, sounds, GUI, software and services (called together "Materials"), provided by vip4sms.com or third parties authors, developers, suppliers (called together "Middlemen"), belong to vip4sms.com and/or Middleman. Web-page`s elements are protected by Goods or Services diverse nonfunctional elements complex law and by other laws and may not be copied or reproduced partially or fully. vip4sms.com, vip4sms.com logo and otheer goods mentioned in present Agreement are vip4sms.com trade mark and may be registered within some jurisdictions. Other goods names, companies names, brands, logos or symbols can be trade marks of appropriate owners..
- Customer`s information
Customer is obliged to provide vip4sms.com with correct, exact and full information about himself according to all the questions of the regisration form. Customer agrees to renew in time and keep the information correct, exact and full. If you provide incorrect, unexact and unfull information vip4sms.com has right to stop or cancel your registration and present Agreement.
- Customer`s account
- Authorized users
Customer has right to appoint trustees, who has right to use the Services upon condition that the named trustees have right to conclude binding contracts instead of customer. Moreover customer realizes and confirms that a person registered as a customer`s trustee ("Authorized user") posesses customer`s legal rights.
- Responsibility for access
Customer bears full responsibility for all and any Service access atempts and Service usage (including all the actions and transactions) of the Authorized or Identified Users, registered in the Customers account, except cases when Service access or usage are the direct result of vip4sms.com negligence. Despite the user`s authorization given by system adminstrator Customer is obliged to guarantee proper access conditions for each Customer`s Authorized User.
- Responsibility for Users identification and passwords.
Customer bears full responsibility for confidentiality preservation of his account access information (account identification and Authorized Users passwords), and bears full responsibility for actions made through his account.
- Illegal use notice
Customer is obliged to inform vip4sms.com immediately of circumstances pointing out that his account or information were illegally used, that includes: (a) Customer`s receipt of confirmation of order or orders placed using Customer`s account, that were not made by Customer; or any other controversial information; or (b) Customer gets to know about any illegal use of goods or services belonging to his account.
- Customer`s information
- Liabilities
Customer bears exclusive commitments and resposibilities for information kept by him on the vip4sms.com services. Customer controls his own information through link generated for him . vip4sms.com strongly recommends its Customers to archive their data regulary and often; Customer bears full responsibility for data archivation and exclusive commitments for any lost and unrecoverble information. Customer agrees to keep his information according to his legal duties. vip4sms.com deletes the Customer`s information upon the present Agreement expiration. vip4sms.com reserves the right to keep the Customer`s information in its archives after its removal and does not bear any commitments against Customer for the kept information.
- Exceptional circumstances
vip4sms.com provides Service and Customer`s information access to Customer`s trustee ("Authorized agent"), who presents vip4sms.com notarized letter signed by Customer`s representative. This letter should include notarized identity, seals and obligations necessary for vip4sms.com services usage at the full discretion of the latter. Customer agrees that vip4sms.com can rely on such letter and on aparent authorities of a person asking access to Customer`s Services and account. Under no circumstances vip4sms.com bears commitments against Customer or the third party for trust to such a letter or a person with supposed seals.
- Acceptable use
You agree not to use vip4sms.com services for::
- upload, placement, sending via e-mail, transmission or any other publication form of informational message distributing terror propaganda, showing violence or death; in case we find this message serious enough it will be forwarded to appropriate law enforcement agencies and/or ISP members
- minor persons harm infliction of any type, including any forms of child pornography; in case we find this message serious enough it will be forwarded to appropriate law enforcement agencies and/or ISP members
- upload, placement, sending via e-mail, transmission or any other publication form of informational message that violates any party`s rights to a patent, trade mark, copyright and other rights to property
- Illegality/Adult content
vip4sms.com does not approve and does not allow sites, containing illegal materials, as well as any other transmission forms of illegal and obscene materials and information moving to illegal actions, including gambles, illegal arms sales, advertizing or publication of materials that could violate sexism and racism consolidated laws. vip4sms.com reserves the right immediately to stop or suspend your registration or transaction violating the present Agreement without advance notice. Moreover in case of Customer`s agreement violation vip4sms.com will actively help law enforcement agencies and government representatives with collection, delivery of information on Customer, Customer`s site, illegal or obscene informational message and persons capable of getting access, keeping and using illegal or obscene content.
- Criminal behaviour
Customer must not commit or concede criminal or destroying acts, including but not limited to publication of disreputable, scandalous personal information regarding any person without having permission of the latter or purposely cause moral damage to somebody.Access and intervention
Interventions or attempts of intervention to the vip4sms.com information system or attempts to ifluence vip4sms.com ability to provide Services are strictly forbidden and are subject to criminal and civil responsibility. Cases of vip4sms.com information system violation include but are not limited to:: (a) Not allowed access to vip4sms.com services, that include attempts to sound, test the system`s accessiblity, attempt to get over the site`s information security system without vip4sms.com permission; or (b) intervention to process of Service providing to any Customer or Users network, that incldes but is not limited to flooding or wilful attempts to overload the system; or (c) use of a device, assurance program, program code with purpose to intervent Service providing routine ; or (d) any other action that destroys vip4sms.com infrastructure. Customer has no right to decompile, parse, decrypt, separate, redesign or in any other way attempt to develope toolkit`s (including ultiliies, methods, processes and infrastructure) source code that is vip4sms.com site software core.
- Copyright and trade marks law violence
vip4sms.com services may be used only with legitimate objectives. Transmission, spread or storage of any materials violating applicable laws or resolutions including export regulation laws are forbidden. This without limits include materials protected by patents, copyright, trade marks, service marks, commercial secrets and other intellectual property rights laws. Customer is obliged to receive in advance Author`s agreement in case of his materials use. Using the services You declare and guarantee that you are the author and copyright owner and/or appropriate licenses owner of the provided informational content, You also declare and guarantee that your informational content does not violate trade marks or other third parties rights. vip4sms.com reserves the right immediately to stop or cease a transaction, that according to vip4sms.com violates the present Agreement or any law or regulation.
- System resources abuse
Customer is obliged not to abuse vip4sms.com system resources, that includes but is not limited to usage of informational content that reserves excessive CPU storage space or influence our system`s capacity; reselling of access to the informational content placed on the vip4sms.com servers.
- Other conditions
Legally or not vip4sms.com reserves the right to define what is harmful for its Customers activity or reputation, that includes any activities that restrict or prevent any other users from using Services or Internet. Please pay your attention to the fact that if we discover that an account or transmitted information violate any of the above terms, vip4sms.com reserves the right to close registration or stop information transmission. If vip4sms.com consider it necessary it will send complaints to appropriate legislative structures. In this case vip4sms.com will actively assist law enforcement agencies in investigation and criminal proceedings of such action, that means Customers account data devulgence. Complaints against persons violating our Rules are to be send to our e-mail address abuse@vip4sms.com.com. Each complaint will be studied and depending on the results it can end in Customer`s service denial without advance notice.
- Disclaimer
You express understanding and agreement with the fact that: (a) You use the Services at your own risk. vip4sms.com Services are provided as it is and according to availability. Down to the legislative limits vip4sms.com and its representatives decline responsibility for any warranties including inter alia warranty of title, user aim compliance, commercial suitability, third party rights violation deficiency. vip4sms.com and its representatives do not guarantee accuracy, liability, completeness and promptness of Services, software or informational content;
(b) vip4sms.com does not guarantee that (i) Services will meet your requirements, (ii) Services will be provided continuously, rapidly, secure and without errors;(iii) results that can be obtained while Services usage will be exact and secure, (iv) quality of any product, sevice, information or other materials obtained through Services will meet your expectations, and (v) any software errors will be fixed;
() any materials downloaded or obtained by you in any other way through Services are used at your sole discretion and at your sole risk and you bear exclusive responsibility for any data loss and any other harm that can be done to your computer system or be a result of these materials downloading; (e) neither written or oral consultation or information obtained through Services does not represent any guarantee except direct guarantees of the present Agreement.
- Aquittance
You agree to pay damages including reasonable legal services fees and release vip4sms.com and its branch organizations and subdivisions, management, employees, agents from responsibility for any claims and requirements based on your Services usage or your violation of the present Agreement and other vip4sms.com`s policies, regulations and terms.
- Responsibility restriction
You use vip4sms.com Services on your sole risk. If you are not satisfied by any point of our Services or the present User Agreement or any other terms You have a right to stop using of the Services. You agree that vip4sms.com does not bear responsibility for any direct, indirect, secondary, consequential or penalty losses including inter alia missed profit, goodwill, data or other non-financial losses (also if we were sent a notice of such losses possibility) that were caused by: (I)Services usage or usage impossibility;(II)need to repay improper goods or services obtained through Services;(III)breach or introduction of changes in your transmitted information or data;(IV)third parties declarations or actions as part of services; or (V)any other event connected with the Services.
- Agreement and Service providing rules amedments
We reserve the right to amend the present Service providing Agreement at any time. We also reserve the right to change or stop the Services at any time,
with or without advance notice for a particular time period or permanently. You agree that vip4sms.com does not bear responsibility either against You or any third party for any changes or stopage of the Services.
You accept that we can make general rules and restrictions of Services usage including maximum disk size of vip4sms.com servers provided to You, maximum number of visits (and its maximum duration) of the Services within a particular time period. You also accept that vip4sms.com has a right to change Service usage rates without advance notice. Services usage rates change comes into force after Customer`s active subscription expires.
- Subscription termination
- vip4sms.com does not restrict itself to a right immediately to issue a warning, to stop, (for a time being or temporaly), to deny access or stop Service providing to a Customer or delete Customer`s account or refuse future Service providing to the Customer in case when : (a)vip4sms.com is led to consider a Customer violating or not following any article of the present Agreement or any other vip4sms.com agreements or regulations, or(b)Customer fails to pay for Services or any other debt to vip4sms.com, or(c)vip4sms.com can not establish the identity of the information provided by the Customer; or(d) vip4sms.com is led to consider Customer`s actions resulting in legal responsibility of the Customer, other vip4sms.com customers or vip4sms.com.
vip4sms.com reserves a right at its own discretion to stop Services or its part prviding at any time with or without advance notice. You agree that Services access cease according to any article of the present User Agreement can come into force without advance notice and also agree that vip4sms.com has right immediately to deactivate, archive or delete your account and the whole information, data connected with it and/or to deny future access to these data or Services. Moreover You agree that vip4sms.com does not bear responsibility either against You or any third party for You Services access stopage.
Upon the present Agreement breach by Customer or vip4sms.com all Customer`s privileges under the Agreement and vip4sms.com Services providing obligations are immediately cancelled.
- Clause 6 (Customer`s information), 9 (Disclaimer), 10 (Aquittance), 11 (Responsibility restriction) and the present clause 13 remain in force after Agreement breach.
- General information
The present contracts and agreements are regulated by State California laws without regard to conflict of laws. Any legal case or judicial examination that may arise out of or in connection with the present Agreement or Your usage of the web-site shall be resolved by Federal or District court of Santa-Clara, California, to which personal and exclisive jurisdiction You agree to submit. If any article of the Agreement is annuled the court shall execute intention of Parties under the present article whereas other articles of the Agreement continue in full force and effect. Articles names of the Agreement are used for convenience`s sake and in no way define, restrict, interpret or describe spectrum or measure of the Agreement article. vip4sms.com failure to take necessary steps against violations made by a single Customer or other persons does not deforce vip4sms.com of a right to take necessary steps against future or similar violations. Any request or claim of a customer regarding any article of the present Agreement shall be started within twelve (12) months from the date of request`s or action`s causes.
- Legal relations
Customer and vip4sms.com are independent contractors. The present Agreement does not foresee and does not create such forms of legal relations as foundation, society, joint-venture, labour law relation, commercial legal relationship.
- Transfer of rights
Under the terms of the present Agreement Customer has no right to transfer any of his rights or entrust other persons with his own responsibilities. Any attempts of rights transfer shall be illegal.
- Force Majeure
Our activity on Services providing may be affected by diverse circumstances beyond our control. We do not bear any responsibility for delays or failure to provide Services being a result of direct or indirect circumstances beyond our control.
- Interpretation
If any article of the present Agreement is declared to be void, this article should be avoided with minor damage for the parties and all the other articles continue in full force and effect. Articles names of the Agreement are used for convenience`s sake and in no way define, restrict, interpret or describe spectrum or measure of the Agreement article.
- vip4sms.com Information Confidentiality
You declare and guarantee to vip4sms.com company the following: (a) You are not vip4sms.com competitor (b) You are obliged not to disclose information and not to make available materials connected with software that is about to enter the market, test and test methods and (c) You are obliged not to use information obtained as a result of vip4sms.com web-site access and vip4sms.com services with a purpose to compete the latter.
- Exclusions
Excluding agreements and terms published on the web-site the present Agreement regulates full understanding and accedence between us in regard to the discussed subject.