ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE ANY Services, (2) YOUR SUBMISSION OF AN ORDER, (3)YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes.
By continuing to use any of the HostedTel Sites or Services after we post any such changes, you accept these Terms, as modified. By accessing one of the HostedTel Sites or our Services, you accept these Terms and certify that you have reviewed these Terms are within or have reached the age of majority or age 18 (whichever is greater) in your jurisdiction.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY HostedTel.
** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE HOSTEDTEL PLATFORM WITH THE “RESPONSIBLE USE OF SERVICE” TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY HOSTEDTEL.COM. THANK YOU. **
SECTION A, TERMS AND LIABILITY:
A. HOSTEDTEL, LTD. will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed setup, installation, or commencement of any of HOSTEDTEL, LTD.’s services.
B. IN NO EVENT WILL HOSTEDTEL, LTD. BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT HOSTEDTEL, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
C. HOSTEDTEL, LTD. will be indemnified, defended, and held harmless by CUSTOMER against all claims of loss or damage arising from the use of service furnished by HOSTEDTEL, LTD., including: (i). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via HOSTEDTEL, LTD. service; and (ii). All other allegations and claims arising out of any intentional act or omission by CUSTOMER or others authorized by CUSTOMER to use the service, in connection with any service provided by HOSTEDTEL, LTD.
D. HOSTEDTEL, LTD. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. HOSTEDTEL, LTD. DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON HOSTEDTEL, LTD.’S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY HOSTEDTEL, LTD.
E. HOSTEDTEL, LTD. will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in HOSTEDTEL, LTD. offerings made to CUSTOMER, or for damages associated with service, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with HOSTEDTEL, LTD.’s services.
F: HOSTEDTEL, LTD. may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
G: I AGREE AND CONFIRM THAT THE NUMBERS SELECTED FOR UPLOAD FOR THIS CAMPAIGN HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS, AND HEREBY ACCEPT FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OF THESE NUMBERS.
SECTION B, RESPONSIBLE USE OF SERVICE:
The following information is provided in an effort to promote responsible use of HOSTEDTEL’s services.
HOSTEDTEL places the ability to launch an entire telemarketing campaign in your hands. HOSTEDTEL respects your privacy and will not monitor your audio messages, read, or share database upload information with any third party without your expressed permission; unless we believe in good faith that such action is necessary to either comply with the the law or properly enforce the HOSTEDTEL terms of service agreement. Since you, the subscriber, are solely in-charge of creating your audio announcements, providing your calling lists, and, most importantly, launching your own calling campaigns, we here at HOSTEDTEL feel it necessary to provide you with the following information in an effort to ensure that you will use the platform responsibly.
At HOSTEDTEL, we are aware of our responsibilities as good Internet citizens and are dedicated to protecting the privacy rights of other Internet citizens. We are strongly against the idea of sending unsolicited calls and emails (spam), and will not allow our our services to be used for the same purpose. For this reason, if any subscriber uses the HOSTEDTEL platform to send out spam calls and/or emails, his account will be deactivated and his service contract will be voided without refund.
IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
I Agree that:
a) Prior to using the HOSTEDTEL platform, I will make sure that I am familiar with any Federal or State Laws that are applicable to my campaigns;
b) I will be respectful of proper calling time restrictions that are applicable to my campaigns;
c) I understand that I may contact HOSTEDTEL if I wish to upload an existing do-not-call list. In the event a recipient makes a request to be taken off my calling list, I will do so immediately and indefinitely;
d) I understand that allowing those on my calling list to be removed if requested and not calling those who do not wish to be called plays a very important role with regard to responsible campaign management;
e) I will Follow Federal and State calling time rules and/or restrictions;
f) I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during call;
g) I will avoid strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;
h) I understand that it is unlawful to send audio messages to any emergency phone lines; such as 911 numbers, and those belonging to hospital medical services, physicians, health care facilities, poison control centers, fire or law enforcement agencies;
i) I will avoid sending unsolicited audio messages to those who will incur charges; such as beepers, pagers, or cell phones, unless proper prior permission has been obtained from the recipient;
j) I will avoid sending pre-recorded sales messages to those with whom I do not have a business relationship and to whom I have not received permission to call;
k) I understand and have read the HOSTEDTEL Terms of Service (Reachable by clicking the “Terms of Service” link at the bottom of the main page.).
ANY BREACH OF THE ABOVE-MENTIONED TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. HOSTEDTEL, LTD. STORES BUT DOES NOT OTHERWISE UTILIZE ALL DATA FROM YOUR CAMPAIGNS. HOSTEDTEL, LTD. WILL PROVIDE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, IF REQUESTED; INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.
The Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), Do-Not-Call list registry rules (http://www.donotcall.gov), and various State laws, place restrictions on certain types of phone calls. A call may typically be exempt from the TCPA if:
* It is made on behalf of a non-profit organization;
* It is made to a consumer with whom the calling company has an existing business relationship;
* It is a business-to-business contact;
* It does not include unsolicited advertisements, even if the call is made for commercial purposes;
* It is survey work;
* The recipient provides proper consent prior to playing the “recorded solicitation”.
HOSTEDTEL is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. The information provided is not intended to replace your responsibility as the subscriber to check out the legal requirements pertaining to your campaigns prior to using HOSTEDTEL’s services. You are ultimately responsible in making your own informed decisions regarding your campaigns.