SMS2INDO provides server hosting solution to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of SMS2INDO.in are subject to the following terms of service:
Terms of Service
SMS2INDO is an individual running a business in Indonesia, subject to laws and provisions prevalent in the Union of Indonesia (Jakarta). The servers of SMS2INDO are located in the United States of America.
All clients who signed up with SMS2INDO whose place of business is Indonesia, shall be subjected to laws prevalent in Indonesia as well as provisions for International Users or other allied laws or provisions of United States of America and respective datacenters.
SMS2INDO assumes no responsibility for clients who violate the terms of service of the company, the terms of service of data centers which are inherent in the same, the provisions for international users in the United States of America as well as the laws and provisions prevalent in Union of Indonesia.
All clients who signed up with SMS2INDO whose place of business is outside Indonesia, shall be subjected to laws and provisions prevalent in their country, laws and provisions prevalent in Indonesia, provisions for International Users in Indonesia as well as the United States of Amercia.
SMS2INDO assumes no responsibility for clients who violate the terms of service of the company, the terms of service of data centers which are inherent in the same, the provisions for international users in the United States of America and Union of Indonesia, laws and provisions prevalent in their country. It also assumes no responsibility on foreign exchange issues which may occur.
Clients whom, SMS2INDO deems fit that they violate the Terms of Service or laws and provisions as mentioned above, fall fit in the clauses (2), (3), (4) and (5), may without prior notification suspend such accounts immediately with one email notification to the account holder as well as reseller (if any). It does not require justification.
If any DMCA Take Down Notice, Violation of Intellectual Property Rights in Indonesia or abroad, or violations are noticed by any viewer, he/she may directly inform SMS2INDO on the specified email below. SMS2INDO may inform the account holder of such infringement and ask him/her to remove such content which violates intellectual property rights.(abuse@SMS2INDO.com)
If the user account who is accused to have violated the intellectual property rights as in clause (7) does not remove the content within 48 hours of such notice produced upon him through email, then SMS2INDO reserves the rights to remove such content directly or suspend his/her account indefinitely with a Suspension notice sent to his/her email.
Claims for refund or otherwise may not be made on grounds of suspension because of violation of any of clauses mentioned in this Terms of Service. Apart from that, SMS2INDO reserves right to insert, delete, modify any content on the website of any user of it’s server, suspend the account if it finds that the content is unfit to display or host the server.
SMS2INDO reserves right to refuse the user to sign up who does not conform to these Terms of Service. Any user who signs up agrees to all the terms and conditions.
SMS2INDO does not provide support to Reseller’s Clients. If any user of a reseller, client of reseller contacts SMS2INDO regarding any claim or otherwise, SMS2INDO is empowered to place the Reseller’s account on hold until such issue is resolved subject to provisions of Law. If any matter is sub-judice, then SMS2INDO shall not interfere with such accounts.
Usage of unparliamentary language or offensive language which SMS2INDO deems so, with staff or other clients of SMS2INDO invites indefinite suspension or termination as SMS2INDO deems fit, voiding all refund policies.
SMS2INDO may terminate it’s services at any point of time and is not liable for any consequential damages because of the same. It gives a prior notice of four days for customers. The refunds in such cases shall be governed by Clause 50.
SMS2INDO may form new terms and conditions and the same shall have immediate effect on all clients whether they have signed up in the past from the moment it is updated on the page and shall also have a retrospective effect in case the policy or clause mentions that.
Liability of SMS2INDO
SMS2INDO shall not be liable for any consequential damages which may be foreseen or unforeseen which may arise due to an act of SMS2INDO or otherwise. SMS2INDO may terminate its services at any point of time and liability for the same is governed by Clause (14)
SMS2INDO shall not be liable for any downtime of server, provided it is informed about the same and given a timeframe of 72 working hours to repair the same. Even if the condition is satisfied, it’s liability is limited to USD.5
SMS2INDO shall not be liable for any loss arising due to non-attendance of server if it is caused due to an Act of God or Acts of God or circumstances beyond control of SMS2INDO.
SMS2INDO shall not be liable in any event for any consequential damages or other direct or indirect loss however arising whether SMS2INDO had knowledge that such damages might be incurred including but not limited to loss of income, profits interest, utility or loss of market.
A downtime notice must be brought to SMS2INDO only on specified email mentioned below only by a customer of SMS2INDO, along with the customer’s name, his/her domain name and other details. (admin@SMS2INDO.com)
At any point of time, SMS2INDO shall not be liable for activities of it’s resellers or their clients. The acts of resellers cannot impose liability on SMS2INDO.
In any case where liability is on SMS2INDO, the liability shall not exceed United States Dollars $10 per client of SMS2INDO (not user of server) whichever is lower. Any compensation or damages sought due to acts of SMS2INDO if they do not fall under the above categories may be limited to United States Dollars $ 10.
No claim for damages may be sought or entertained unless all charges for Setup, Term Fee etc. whatever have been charged in the invoice have been paid and amount of such claims shall not be deducted from such fee.
23) SMS2INDO shall not assume liability for any other mode of connection to server other than the Control Panel provided by it. Other modes may be available, but cannot be assured of their stability.
Purchasing products through any marketplace may invite the terms of service and other policies of such marketplace. Both the policies shall apply and if there is a conflict noted in both the policies as deemed by SMS2INDO, the policy of Marketplace such prevail.
Eligibility of Refund at any time within 15-day money back guarantee period is assured. Although there is a fee of $5.00 for re-stocking or re-listing fee, plus an additional administrative fee of $5 for adding the account manually.
Any content which is found derogatory, defamatory, fit to violate provisions or laws prevalent in Indonesia and user’s country, and provisions for international users in United States of America may be removed by SMS2INDO without any prior notice given to user.
If any authority of Government of Indonesia or other government, in accordance with procedures and laws asks SMS2INDO to remove any content from website of user hosted by SMS2INDO’s server, it shall be removed with a notification to the user of such removal. Such removal cannot invite any refund claim.
Any such notices may be sent to admin@SMS2INDO.com
Any content which is found infringing any Intellectual Property Right or otherwise, deems fit to violate such rights, may be removed by SMS2INDO without any prior notice given to user.
If any content is found derogatory, defamatory or violating any law prevalent in Indonesia and user’s country and provisions for International Users in United States of America, any user residing in Indonesia, User’s country or the United States of America, with locus standi in foreign nations and with or without locus standi in Indonesia, may report it by sending an email to the specified address below and the content will be reviewed and a reply can be expected within 72 working hours of receiving such email > admin@SMS2INDO.com
SMS2INDO reserves right to terminate accounts which do not comply with above said conditions without prior notice or intimation.
Suspensions and other Pricing Related Activities
If any account is suspended, it may be indefinitely or otherwise, will be suspended for 7 days and within 8th day of such suspension, the user shall be contacted of such suspension and cause for the same. All above clauses which contradict to this shall surpass this clause and lead to nullifying of this clause only in such cases as mentioned above which contradict with this clause.
All suspended accounts when terms between user and SMS2INDO are favourable and accepted by both parties willingly, are subjected to a United States Dollars $ 5.00 Account Re-Activation Fee failing which such reactivation may not be possible.
Any backups or related activities may not be undertaken by SMS2INDO. You are responsible for your own data backup. If in any case, the data is lost, SMS2INDO cannot be held liable for such data loss or otherwise.
In event of fraud being discovered, fraudulent account and all related accounts may be indefinetly suspended and may be contacted in 7 days of such suspension. All information about such accounts may be submitted to local authorities or relevant authorities.
SMS2INDO may reserve different pricing structure for different clients as it may deem fit. No client is allowed to sue the firm for such different pricing. It is left to discretion of the firm.
SMS2INDO reserves right to change prices listed or for existing accounts and change amount of resources given to plans at any time.
You agree to defend, indemnify, and hold SMS2INDO, contractors, agents, referrers, affiliates, suppliers and agree to cooperate with us in asserting any available defenses.
SMS2INDO agrees to provide support to it’s clients but it is not justiciable. It has to be given an opportunity to provide support by opening a support ticket in the client area provided by it and a timeframe of 72 working hours to respond to such ticket from the time of opening. Any liability shall not be imposed for non-performance of such support. SMS2INDO does not provide support to persons who are not direct clients of SMS2INDO. The only recognized mode of support is through support ticket and email. Support through Phone is not available though phone number is presented for other purposes.
If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide SMS2INDO.in with full logs as well as any additional information requested by SMS2INDO.in within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.
SMS2INDO may contact any user of server for advertising or non-advertising purposes.
SMS2INDO reserves rights to use names and details of clients for publicizing purposes and damages for the same shall not be entertained.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services. We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms and Conditions link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. This is in accordance with IT Act, 2000.
Renewals may or may not have the same price which is used for the 1st term of such service. Renewal prices may differ with time, requests for discounts may be sought by customers. Renewal prices may or may not be listed on the webpage on purchase, but it has to be asked by the Customer to SMS2INDO before purchase of the item if he finds it important.
By using the website, you consent to all policies and sub-policies and clauses mentioned in the documents of SMS2INDO.