You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.

Smswing is only a virtual Venue, which facilitates users to send SMSes

The services offered under Smswing.com is powered by Marla Technologies Pvt. Ltd. Smswing is just a DOT COM which promotes Marla Technologies Pvt. Ltd wireless products and services. Smswing.com is not an advertisement media site. It is important to realize that we offer free SMS service to registeRed users so that they communicate information to their known persons. (Communication should be between two known persons). The Site acts as a venue, which allows registeRed users to communicate information anything, which is legal, at any time, from anywhere, within India. Marla Technologies has no obligation to observe and monitor the service. However, we reserves the right to review materials posted and to remove any material/s. Marla Technologies reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. Marla Technologies also reserves the right to terminate your access to any or all of the services, at any time, without notice, for any reason whatsoever. It is difficult to monitor all the messages by reviewing or taping the messages provided by users, through our Site. As a result, we have no control over the truth or accuracy of the messages. We may not ensure you that all messages sent by registeRed users may reach the destination mobile. We are not responsible for undeliveRed messages.

Restricted Messages. You must not send messages like abuse, adultery content, insulting content, etc which we do not permit on the Site, We do not accept any obligation to protect you for sending restricted messages on our Site. Smswing.com free site is not mint for communicating advertisement messages. Such sales and marketing messages are restricted in our site.

Identity verification. We use many techniques to verify the accuracy of the users information provided to us when they register on the Site. However, because user verification on the Internet is difficult, Marla Technologies cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. So we are assuming that the information provided by the registeRed users is accurate and valid. Later by any other means, if we found the registeRed user?s information is not valid or inaccurate, we had every right to take legal action against that registeRed user.

All postings (messages, text, files, other Content) transmitted through the Site, are the sole responsibility of the registeRed users from whom such Content originated. RegisteRed users are entirely responsible for all Content that they send, or otherwise make available through the Site. For all Content provided by registeRed users, they automatically agree to indemnify Provider as provided below.

By sending or otherwise posting any Content on the Site, you represent and warrant:
         (i)       Your own content like jokes, puzzles, sayings, etc have all necessary rights, but not limited to copyrights to the                 

 content you provide and we have every right to use it as provided in this Terms of Service;
         (ii)       All information you provide is true, accurate, current and complete, and does not violate these Terms of Service;
         (iii)       The content will not cause injury to any person or entity.
You agree not to send, transmit, distribute messages in these or any other forms through our Smswing site such as:
         1.      Libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
         2.      An infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
         3.      Illegal in any way or which advocate illegal activity;          
         4.      Any advertisement regarding various marketing and sales activities of goods, or services.

MODIFICATION OF THESE TERMS OF SERVICE

Marla Technologies reserves the right to change any of the terms, conditions, and notices under which the services are offeRed. You are responsible for regularly reviewing these terms and conditions including changes/modifications if any incorporated by us from time to time. Your continued use of 'The Service' constitutes your agreement to all such terms, conditions, and notices. Marla Technologies makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Marla Technologies reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with on 14 days ' notice or without notice in some cases. Service termination occurs are addressed in the sections below.
Messages shall be deemed to have been deliveRed when Smswing has deliveRed/sent the messages to the immediate destination that Smswing'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. Marla Technologies does not guarantee delivery on behalf of Mobile telephone networks of mail servers.

2. USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this Service Agreement and Indian Law, Marla Technologies grants the User an individual, personal non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the Marla Technologies service Agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Marla Technologies products and/or services. As between the parties, the User acknowledges that Marla Technologies , and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERed, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.

3. Membership Eligibility.

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Smswing members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. Membership is allotted to individuals only. Other than individuals such as Business entities, clubs, associations, NGO, organizations, governing bodies, should not entitled to use our service.

4. User ID.

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under your account and shall only use or utilize the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall also not permit, either directly or indirectly, any other person to utilize your User ID or password. We are not responsible, if any other person misuses the service by logging into your account. Marla Technologies will not be held liable to any third party claims and/or actions taken with respect to services offeRed.

5. Risks

The customer agrees that, by definition, access to the Internet, the GSM and CDMA networks and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. - The customer agrees to bear full and exclusively responsibility arising from such risks and consequences of the customer's usage of Smswing.com services

6. Member Privacy

The Smswing.com also provides free service to the registeRed users. You, "The User", also comprehend and concur that 'This Free Service' may include advertisements and sponsorships and that these are necessary for Smswing to provide the service. Various advertisers sponsor free Smswing messages so that registeRed users tend to get sponsoRed ads at the end of their messages. We may serve advertisements to this site or work with a third party to serve the advertisements. Advertisements placed on the site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that Smswing has the right to run such advertisements and promotions. The Service is provided ?as is? without warranty of any kind. Marla Technologies hereby disclaim all warranties and conditions with regard to "The Service".

8. MESSAGE AND OTHER LIMITATIONS

Marla technologies assumes no responsibility for the deletion or failure to store information. Marla technologies has set no fixed upper limit on the number of messages the User may send through the Service apart from how many units are left in the User's account; however, Marla technologies reserves the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if the User's conduct is found to be inconsistent with the Agreement. Marla technologies may, in the future, with prior notification, limit the amount of storage space available to each Member.
The sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification.
Although Marla technologies prides itself on speedy delivery of messages, messages may be deliveRed late due to queuing or network traffic. This will still result in the message being seen as "deliveRed".

9. 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, cancel bots, 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 Smswing believes could subject it to criminal liability or civil penalty or judgment.

10. FEES, PAYMENT AND YOUR RIGHT TO CANCEL

All fees are payable upfront: Failure to purchase cRedits upfront will result in suspension of the services. Upfront payment refers to a payment that is made within a reasonable time so as to allow Marla technologies to add the SMS cRedits to the User's account. Payment transaction fees are due and payable at the time of or before Smswing delivers a message to the User's recipients, via every method of de livery based upon the billing plan selected by Smswing. Payment shall be deemed o have been made as soon as the fee is available in Marla technologies (Smswing) bank account.

CRedit Card Payment: If the User has elected to pay for the Service by cRedit card, and Smswing does not receive payment from the cRedit card issuer, the User agrees to pay all amounts due, immediately upon demand by Marla technologies. All amounts are pre-paid and the User agrees to payment and the Terms and Conditions of such payment, when such payment is made. Marla technologies reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the cRedit card issuer govern use of the User's cRedit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.)

Termination or Cancellation by the User: The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by Marla technologies (Smswing), which will be posted in the Billing Information section or similar location within the Smswing web site. Any questions concerning the appropriate method by which to cancel this agreement should be addressed to Sridahar@hotmail.com

Should there be a cost increase AFTER the User has purchased message units from Marla technologies. Marla technologies will give the User 14 days' notice of such an increase, which will be applicable to such cRedits that are still in the User's message unit account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which Smswing will refund the User to the value of any message unit cRedits that may be left over in the User's account.

CRedit-based billing principles: Marla technologies is able to charge variable amounts of cRedits per message sent through its system. These variable amounts are not requiRed to publish on Smswing coverage pages and Marla technologies charges when a message is sent through the system. The User understands that the number of cRedits to a specific destination network may change due to various factors, and that Smswing may adjust these rates whenever it deems it necessary to do so. The User should understand and accepts that messages sent may not be deliveRed to destinations, due to some technical problems. Depending upon the interest of Smswing registeRed premium uses may be reallocated their cRedits for their undeliveRed messages. 

Termination, Cancellation and/or Suspension by Marla Technologies: Disclosure of Information. This Agreement and the license granted here under may be terminated, canceled and/or suspended by Marla technologies at any time if, marla technologiesSolution?s sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by Marla technologies shall be effective immediately upon notification by Marla technologies to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, Marla technologies may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Marla technologies reserves the right to suspend the User's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindeRed by the User's status as being a Marla technologies Client, financial status of the User or the content of the messages originating from the User.

11. NO WARRANTIES OR LIABILITIES

Marla technologies will ensure that the service is reasonably available at all times, and will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and make all upgrades to the SMSWING API available to The User in a commercially reasonable and timely manner, the User acknowledges that Marla technologies cannot guarantee the availability of a Carrier's SMSC. Information, ideas and opinions expressed on the SMSWING website should not be regarded as professional advice or the official opinion of Marla technologies, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SMSWING website.