Terms Of Use

This Acceptable Use Policy (“AUP”) sets forth guidelines for acceptable use of our services, software and products, by our users, resellers, whether or not they are charged for the use of SMR service(s) and/or product(s). The present Acceptable Use Policy and its subsequent amendments thereof details for the users the conduct(s) and/or act(s) and/or action(s), which in the sole discretion of SMR are deemed to be inappropriate, improper or harmful to its reputation or any of its product(s) and/or service(s), and are therefore expressly prohibited when using the SMR product and Services. The guidelines and restrictions in this AUP shall apply equally to the users, their agents, employees and/or any other person or entity that is provided access to any of the SMR Product and Services directly or indirectly by the “Users.” includes By using the SMR Product and Services, user acknowledges that user has read, understood and agrees to comply with the terms of this AUP. User shall (i) ensure that it shall comply with this AUP and (ii) be responsible for violations of this AUP by User or its employees, agents or its Users.

 

General Conduct

Unless otherwise expressly permitted in writing by SMR, User may not assign, transfer, distribute, resell, lease, licence or otherwise provide access to any third party that is not its representatives or employees; any of Product and/or Services of SMR, or use of any of the Product and/or Services of SMR with and/or for the benefit of any third party (other than Internet End Users). User may only use the Product and Services of SMR for lawful purposes and in accordance with this AUP and in a manner consistent with the permitted use of such SMR Product and Services.

 

General Conduct

Unless otherwise expressly permitted in writing by SMR, User may not assign, transfer, distribute, resell, lease, licence or otherwise provide access to any third party that is not its representatives or employees; any of Product and/or Services of SMR, or use of any of the Product and/or Services of SMR with and/or for the benefit of any third party (other than Internet End Users). User may only use the Product and Services of SMR for lawful purposes and in accordance with this AUP and in a manner consistent with the permitted use of such SMR Product and Services.

 

Responsibility for Content

SMR takes no responsibility, in any manner whatsoever, for any User and/or User content created, accessible or delivered on and/or through the SMR Website. SMR does not monitor or exercise any editorial control over such content. User is solely responsible for (i) content published or made available by User and its Users through the SMR website; (ii) compliance with all laws applicable to the publication and distribution of such content and (iii) User shall be solely responsible for maintaining a copy of its content.

 

Inappropriate and illegal Content

SMR in its sole discretion shall not allow use by user of the SMR Product and Services to transmit, distribute or store material that is inappropriate, illegal, defamatory, libelous, indecent, obscene, pornographic, enables online gambling or inconsistent with the generally accepted practices of the Internet community. User shall ensure that its and its Users’ use of the SMR Product and Services, and all content transmitted, distributed or stored on the SMR Website, do not violate any applicable domestic or foreign laws or regulations including but not limited to laws relating to content distribution, encryption or export or any rights of any third party. User shall not use the SMR Product and Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the SMR Product and Services, any other product or equipment, or other Users.

 

Intellectual Property

User shall not use the SMR Product and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy or other personal rights or any intellectual property rights, including but not limited to, copyrights, patents, trademarks, trade secrets and/or other proprietary information. If User uses a domain name in connection with its use of the SMR Product and Services, such domain name must not violate any trademark, service mark, and/or other rights of any third party including those of SMR.

 

Fraudulent/Misleading Content

User shall not use the SMR Product and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.

 

Email and Spam

User shall not use the SMR Product and Services to send unsolicited e-mail messages or postings, including, without limitation, bulk commercial advertising or informational announcements (“Spam”). In addition, User shall not use the SMR Product and Services to (a) send e-mail messages or postings which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages or postings to a recipient who has indicated that he/she does not wish to receive them, (c) send e-mail messages or postings with forged header information, (d) send malicious e-mail messages or postings, including, without limitation, “mail-bombing.” SMR reserves the right to charge User at SMR’s standard rates for time required to handle any complaints that User or User violate.

 

Security Violations

User is prohibited from violating or attempting to violate the security of the SMR Product and Services, or any third party product, system, server, or account, including, without limitation, engaging in any of the following activities: (a) accessing data, servers, accounts, databases, etc. which such User is not authorized to access, (b) impersonating SMR personnel or engaging in any other pre-texting, (c) attempting to probe, scan or test the vulnerability of a system or product or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or product, including, without limitation, via means of overloading, “flooding,” “mail-bombing,” “denial of service” attacks, or “crashing,” (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting, (f) taking any action in order to obtain services to which such User is not entitled, (g) attempting to utilize another party’s account name or persona without authorization from that party. User is also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for SMR Services. Violations of system or product security or any dispute arising thereof may result in initiation of civil and/or criminal actions at New Delhi at the costs, risks and consequences of the User.

 

SMR rights and Remedies

If User becomes aware of any content or activity that violates this AUP, User shall take all necessary action to prevent such content from being routed to, passed through, or stored on the SMR Website. To the extent SMR becomes aware of any content or activities that SMR deems, in its sole discretion, to be in violation of this AUP, SMR may immediately block access to such content, suspend or terminate any affected SMR Services, or take any other actions SMR deems appropriate. SMR may determine in its sole discretion if any content or action violates this AUP. SMR reserves the right to terminate or suspend services or to take any other appropriate action/actions which it deems fit and proper if the continued provision of services would violate law or otherwise harm any of the SMR Product and Services or SMR Users and Users. SMR also reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the party that SMR deems responsible for the wrongdoing. SMR may endeavor to provide notice to User prior to suspension or termination of SMR Services but may immediately suspend or terminate in instances where continued provision of Services would have a material adverse effect on SMR. SMR shall not be liable for any damages of any nature suffered by any User, User, or any third party resulting in whole or in part from SMR’s exercise of its rights under this AUP. User agrees (1) to indemnify SMR for any and all damages, claims, suits, costs or expenses asserted against or incurred by SMR related to or in connection with a violation of this AUP by User or its Users, and (2) that any termination of User and/or any Users use or access to any of the SMR Product and Services and/or any agreement between User and SMR as a consequence of a violation of this AUP, as determined by SMR, shall constitute a waiver of any rights of reimbursement or refund by User of any unused or unallocated fees, payments, charges or other payments collected by, or paid to, SMR and that all sums that may become due to SMR under such agreement shall become immediately due and payable to SMR on notice to the User.

 

SMR reserves the right to modify this AUP from time-to-time, in its sole discretion, effective upon posting a revised copy of the Acceptable Use Policy on its website.

 

Any use of the SMR Product and Services after such modification shall constitute acceptance of such modification.

 

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