1. Preliminaries
The usage, including entering and buying the services offered by the website http://www.smshighway.ro , implies the unconditional acceptance of the following “Terms and Conditions” detailed bellow.
SMS ShortMessageService is a GSM service that allows the sending and receiving of short alphanumeric or binary messages (up to 160 chars), using special GSM equipments.
The Service consists of a browser interface, message application, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated. Versali Com Ltd. makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Versali Com Ltd. reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with a 3 days notice. All fees paid to Versali Com Ltd. when such termination occurs are addressed in the sections below. Messages shall be deemed to have been delivered when Versali Com Ltd. has delivered/sent the messages to the immediate destination that Versali Com Ltd.'s software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. Versali Com Ltd. does not guarantee delivery on behalf of Mobile telephone networks. Versali Com Ltd. lays no claims to its network coverage. Although Versali Com Ltd. focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of Versali Com Ltd. or its service providers networks. This may result in messages not being delivered.
The User is that person or organisation that enters and/or uses the website http://www.smshighway.ro.
The Sender ID is a sequence of 11 alphanumeric chars attached to the SMS message itself and being used to identify the sender.
The Delivery Receipt (DLR) is a real-time status of the SMS message, confirming its path through the communication channels, and may have one of the following forms:
By accessing, visiting, using, buying services from the website http://www.smshighway.ro , sending e-mails to Versali Com Ltd., the communications is being made through electronic means. This entitles Versali Com Ltd. to consider that the user agrees to the reception of electronic communications from Versali Com Ltd., including e-mails, SMS messages on the user’s mobile phones, or notifications on the website http://www.smshighway.ro .
The entire contents of the website http://www.smshighway.ro , including, but not limited to, text, images, graphics, buttons, software, web graphics, scripts or any other kind of data, is the legal propriety of Versali Com Ltd. and/or its associates and/or partners and/or suppliers and it is protected by copyright, intellectual and industrial propriety laws.
The usage of any of the elements presented above, without the written consent of Versali Com Ltd., is subject to penalties under the full extend of the applicable law.
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, cancelbots, 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 Versali Com Ltd. believes could subject it to criminal liability or civil penalty or judgment.
In case of any justified complaints against The User, Versali Com Ltd. reserved the right to immediately block The User from using The Service, without any prior notification or refund (if applicable) and notify the proper authorities.
The User is entirely responsible for any activity derived from accessing an account on the website http://www.smshighway.ro. Versali Com Ltd. is not responsible for any error that might appear due to the user’s negligence in regards to the confidentiality of the account or the account password.
The User’s personal information will only be used for the declared purpose of this website. The information contained in the registration form and / or the order form will only be used to inform the user about orders, promotions or any events linked directly with this website.
The User’s personal data will be disclosed if required by court orders, government agencies and regulators and other legal and regulatory processes and / or applicable law.
Versali Com Ltd. makes all efforts to maintain the security and confidentiality for the information hosted and / or sent through its system. However, Versali Com Ltd. cannot guarantee and cannot be made responsible for any information loss, malfunctions or errors caused by software.
Versali Com Ltd. cannot guarantee that the website, the server(s) or the emails sent from http://www.smshighway.ro do not contain computer viruses or any other kind of damaging element.
Versali Com Ltd. does not guarantee that the description of the services or any other content of this website is error-free or complete.
Versali Com Ltd. cannot be made responsible for any damage that might arise from using The Service, for which Versali Com Ltd. makes no guarantees or commitments.
The usage, including entering and buying the services offered by the website http://www.smshighway.ro , implies the unconditional acceptance of the following “Terms and Conditions” detailed bellow.
“SMShighway” is a commercial designation for telecom services offered by Versali Com Ltd., registration number J40/2913/2005, Fiscal Code - 14918336.
Versali Com Ltd. and its partners supply the services that are subject to the “Terms and Conditions” detailed bellow. A thorough reading of these terms and conditions is recommended in order to best use this website.
Versali Com Ltd. assumes the right of being able to perform any changes to these “Terms and Conditions”, as well as any changes to the website http://www.smshighway.ro, its structure or any other changes that could affect this website, without the need of any prior notification for the users.
Versali Com Ltd. cannot be made responsible for any errors that might appear on the website http://www.smshighway.ro, due to any cause, including alterations, set-up, upgrades, etc.
Versali Com Ltd. is not responsible for the content, the quality or the nature of websites that are accessible by links from the website http://www.smshighway.ro, no matter the nature of these links. The administrators of these websites are solely and entirely responsible for the content presented in these websites.
”Delivered to SMSC” – the SMS message has been delivered at the Mobile Operator’s Message Centre and is due to be delivered to the recipient’s mobile phone; ”Queued on SMSC” - the SMS message has been delivered at the Mobile Operator’s Message Centre and is being put on hold for later delivery, due to the unavailability of the recipient’s mobile phone. This DLR can be maintained up to 5 days; ”Delivered to phone” - the SMS message has been successfully delivered to the recipient’s mobile phone; ”Not delivered to phone” - the SMS message could not be delivered to the recipient’s mobile phone due to the recipient’s mobile phone being unavailable for more than 5 days since the submitting of the message to SMShighway; Scheduled - the SMS message has been scheduled for later sending by the user;
3. Electronic communications
By accessing, visiting, using, buying services from the website http://www.smshighway.ro , sending e-mails to Versali Com Ltd., the communications is being made through electronic means. This entitles Versali Com Ltd. to consider that the user agrees to the reception of electronic communications from Versali Com Ltd., including e-mails, SMS messages on the user’s mobile phones, or notifications on the website http://www.smshighway.ro .
4. Copyright
The entire contents of the website http://www.smshighway.ro , including, but not limited to, text, images, graphics, buttons, software, web graphics, scripts or any other kind of data, is the legal propriety of Versali Com Ltd. and/or its associates and/or partners and/or suppliers and it is protected by copyright, intellectual and industrial propriety laws.
The usage of any of the elements presented above, without the written consent of Versali Com Ltd., is subject to penalties under the full extend of the applicable law.
5. 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, cancelbots, 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 Versali Com Ltd. believes could subject it to criminal liability or civil penalty or judgment.
In case of any justified complaints against The User, Versali Com Ltd. reserved the right to immediately block The User from using The Service, without any prior notification or refund (if applicable) and notify the proper authorities.
6. Personal Data
The User is entirely responsible for any activity derived from accessing an account on the website http://www.smshighway.ro. Versali Com Ltd. is not responsible for any error that might appear due to the user’s negligence in regards to the confidentiality of the account or the account password.
The User’s personal information will only be used for the declared purpose of this website. The information contained in the registration form and / or the order form will only be used to inform the user about orders, promotions or any events linked directly with this website.
The User’s personal data will be disclosed if required by court orders, government agencies and regulators and other legal and regulatory processes and / or applicable law.
7. Information Security Policy
Versali Com Ltd. makes all efforts to maintain the security and confidentiality for the information hosted and / or sent through its system. However, Versali Com Ltd. cannot guarantee and cannot be made responsible for any information loss, malfunctions or errors caused by software.
Versali Com Ltd. cannot guarantee that the website, the server(s) or the emails sent from http://www.smshighway.ro do not contain computer viruses or any other kind of damaging element.
8. Responsibility for The Service
Versali Com Ltd. does not guarantee that the description of the services or any other content of this website is error-free or complete.
Versali Com Ltd. cannot be made responsible for any damage that might arise from using The Service, for which Versali Com Ltd. makes no guarantees or commitments.
The titles of these paragraphs are presented only for a better understanding of the Terms and Conditions and do not have any legal effect.
Copyright © 2006