Upon creation of an account you must agree to the terms of
our customer/client agreement. Please contact us for more
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TOS - Terms of Service
IMPORTANT - READ CAREFULLY BEFORE
THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO CLICKING
THE "SIGN UP" BUTTON, BY INDICATING YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("The
Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF
THIS AGREEMENT FOR THE USE OF THE SERVICES PROVIDED BY FoneAds.com. IF
Subscriber IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT, OR IF THE Subscriber IS NOT OF AGE, OR IS OTHERWISE
UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, THE Subscriber SHOULD
PROMPTLY EXIT FROM THIS WEB PAGE. FoneAds.com RESERVES THE RIGHT TO
DISCONTINUE SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE COMPLY
WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
GRANT OF RIGHTS TO USE SERVICES.
upon acceptance of this Agreement, FoneAds.com hereby grants to Subscriber a
nonexclusive, nontransferable, free-of-charge license to access and use
the Services, for Subscriber's use.
shall have no right to sell use of the Services nor make any claim that
it does have such right.
Services will allow Subscriber to perform various functions sending
prerecorded audio/voice messages to predetermined phone numbers.
Service will allow Subscriber to perform various functions setting up
various pre-recorded audio voice messages and menu options that would
allow callers to listen and respond to various voice prompts.
is solely responsible for obtaining all equipment and approvals
necessary for connection to the World Wide Web and all charges
associated with such connection to the World Wide Web and phone service
will provide all relevant data to FoneAds.com upon signing up for the Services
and at subsequent times as requested by FoneAds.com.
acknowledges that FoneAds.com may distribute the registration data to third
parties, provided, however, Subscriber's name, address (home and email)
and telephone number will not be distributed, unless required by law, or
in the event Subscriber grants FoneAds.com the right to provide that
shall update the registration data as applicable.
completion of all registration information and acceptance of this
Agreement, Subscriber will establish a UserName and Password.
is solely responsible for maintaining the confidentiality of
Subscriber's UserName, Password, and Mailbox.
shall not give account information to third parties and shall at all
times be responsible and liable for any transactions or activities that
originate from Subscriber's account.
shall immediately notify FoneAds.com if any unauthorized use of Subscriber's
account has occurred or of any other breach of security.
understands and agrees that Subscriber and, if applicable, Subscriber's
company will assume all financial responsibilities for use of FoneAds.com
services originating from Subscriber's account by Subscriber or others.
shall retain all right, title and interest to the Services including all
copyrights, trademarks and all other intellectual property right there
may not, nor allow any third party, to copy, distribute, sell, disclose,
lend, transfer, convey, modify, decompile, disassemble or reverse
engineer the Services and no use of trademarks is granted under this
copyright notices and other proprietary legends shall not be removed
from the Services and no use of trademarks is granted under this
may not grant any sub-license, leases or other rights in the Services to
any third party. All rights not expressly granted under this Agreement
are retained by FoneAds.com.
party may terminate this Agreement upon notice to the other party.
reserves the right to suspend, deny or terminate Subscriber's service if
FoneAds.com, at its sole discretion, believes Subscriber is using or plans to
use FoneAds.com services in a manner that is unlawful, abusive, prohibited by
the FoneAds.com Terms of Service or if Subscriber's use or planned use of
FoneAds.com services creates or could create a potential adverse impact to
FoneAds.com's ability to provide service to others.
termination, Subscriber shall immediately cease to use the Services and
FoneAds.com shall have no further obligations whatsoever to Subscriber.
shall not be liable to the Subscriber or any third party for any reason
for FoneAds.com terminating this Agreement.
LIMITATION OF LIABILITY
no event shall FoneAds.com be liable to Subscriber or any third party for
special, indirect, incidental or consequential damages whether arising
under contract, warranty, or tort (including negligence or strict
liability) or any other theory of liability. FoneAds.com's liability for
damages, regardless of the form of the action, shall not exceed the
license fee paid by Subscriber for the Services, if any. The limitation
of liability reflects the allocation of risk between the parties. The
limitations specified in this Section will survive and apply even if any
limited remedy specified in this Agreement is found to have failed of
its essential purpose.
Services licensed thereunder are licensed "as is" and "as
available" and FoneAds.com makes no warranties, express or implied,
including but not limited to the implied warranties of merchant ability
and fitness for a particular purpose and any similar warranty whether
said warranty arises under provisions of any law of the United States or
any state thereof. FoneAds.com makes no representations or warranties that the
services are free of rightful claims of any third party for infringement
of proprietary rights. The entire risk associated with the use of the
Services shall be borne solely by Subscriber.
makes no warranty that the Services will meet Subscriber's requirements,
or that the Services will be uninterrupted, timely, secure, error free
or that any defects in the Services will be corrected.
Outbound service is a nonrefundable, nonreturnable, non-exchangeable
prepaid service. All purchases are final. Unused balances are
Reoccurring charge and service charges are prepaid on a monthly basis.
Additional minute charges are billed the month following the month
additional minute charges are incurred.
are billed in 60 second increments.
does not make any warranty pertaining to any goods or Services
purchased, obtained, secured or acquired through the Services or any
transaction entered into through the Service.
does not warrant the accuracy or reliability of the results obtained
through use of the Services or any data or information downloaded or
otherwise obtained or acquired through the use of the Services.
Subscriber acknowledges that any data or information downloaded or
otherwise obtained or acquired through the use of the Services are at
Subscriber's sole risk and discretion and FoneAds.com will not be liable or
responsible for any damage to Subscriber or Subscriber's property.
will not rely on any representation or warranty implied or expressed by
any persons other than an authorized member of FoneAds.com LLC with regards to
FoneAds.com products and services.
offers a 30 day satisfaction guarantee. This means the following: if the
user can provide proof that (1) any call was not actually delivered but
was reported as delivered and the user's account was debited for the
call or (2) the call was delivered more than the number of times the
phone number appeared in the call list used and the user's account was
debited for the calls, FoneAds.com will credit or refund the amount pertaining
to the call(s) in dispute. FoneAds.com has 30 days from the date of the
notification of the dispute to resolve the dispute. All disputes must be
in writing and emailed to support@FoneAds.com.com.
shall indemnify and hold harmless FoneAds.com, its directors, officers,
employees and agents from and against all liabilities, losses, costs,
expenses (including reasonable attorneys' fees), and damages resulting
from any negligent acts, omissions or willful misconduct by Subscriber,
Subscriber's use of the Services and any breach of the terms and
conditions of this Agreement by Subscriber including any violation of
this agreement by subscriber or any other person using subscribers
account including but not limited to any violation of any federal or
state laws or regulations.
MODIFICATION TO SERVICES
the term of this Agreement, FoneAds.com may modify or discontinue the
shall not be liable to the Subscriber or any third party for any reason
for FoneAds.com's modifying or terminating of such Services.
Subscriber is responsible for creating a back-up copy of any important
or critical information that is stored on the Service prior to storing
on the FoneAds.com system.
MODIFICATION TO AGREEMENT
may automatically amend this Terms of Service Agreement at any time by (i)
posting a revised agreement on the FoneAds.com.com Web site, and/or (ii)
sending information regarding the Terms of Service amendment to the
email address Subscriber provides to FoneAds.com.com. Subscriber is
responsible for regularly reviewing the FoneAds.com.com Web site to obtain
timely notice of such amendments. Subscribers will be deemed to have
accepted these amended FoneAds.com Terms of Service if Subscriber continues to
use FoneAds.com service after such amended Terms of Service have been posted
or information regarding such amendment has been sent to Subscriber.
Otherwise, this Terms of Service Agreement may not be amended except in
writing signed by both parties.
RULES AND REGULATIONS
shall be fully and solely liable for any prerecorded audio, voice
transmissions sent through the Service. FoneAds.com has no control over the
content of any transmission or the destination such transmission will be
sent nor will it be liable for such content.
shall not use the Services to create or distribute any images, sounds,
messages or other materials, which are obscene, harassing, racist,
malicious, fraudulent or libelous, nor use the Services for any activity
that may be considered or are unethical, immoral, or illegal.
Subscriber will abide by all rules, regulations, procedures and policies
of FoneAds.com and any policies of the networks connected to the Services.
is fully and solely responsible to be aware of, understand, and comply
with all of the rules and regulations applicable to Subscriber's use of
FoneAds.com service including but not limited to Federal Trade Commission
rules and regulations, Federal Communication Commission rules and
regulations, National Do Not Call Registry rules and regulations and
individual state Do Not Call rules and regulations along with any other
federal, state or local laws that may be applicable to subscribers use
of FoneAds.com service. Subscriber agrees not to violate these, or any other
applicable Federal or State laws and represents and warrants that
subscribers use of FoneAds.com will not cause FoneAds.com to violate these or
is fully and solely responsible to be aware of, understand, and comply
with the anti-solicitation provisions of the Federal Telephone Consumer
Protection Act of 1991, and any amendments thereto, at 47 U.S.C.
� 227, the Federal Communications Commission's implementing
regulations, at 47 CFR � 64.1200 et seq., and any other similar
laws. Subscriber agrees not to violate these, or any other applicable
federal, state or local anti-solicitation laws, and represents and
warrants that its use of FoneAds.com will not cause FoneAds.com to violate these or
other similar laws.
agrees that it is the sole responsibility of the Subscriber to abide by
any laws defined by the State or Federal Government in which Services
will be applicable. Subscriber understands and agrees that FoneAds.com will
not be held responsible for damages to the Subscriber or any third party
incurred due to Subscriber's failure to abide by State and/or Federal
laws. Please refer to the Telephone Consumer Protection Act of 1991. You
may visit the Federal Communications Commission Web site at http://www.fcc.gov
and the Federal Trade Commission Web site at http://www.ftc.gov. Please
refer to the appropriate State Attorney Generals office or other
applicable offices for telemarketing rules and or regulations pertaining
to your intended application and use of the Service.
there are no numerical limits to the amount of transactions a Subscriber
may send through the Services, however, FoneAds.com may set numerical limits
by notifying Subscriber. Subscriber agrees to abide by all applicable
local, state, national and international laws and regulations and is
solely responsible for all acts or omissions that occur under
Subscriber's UserName and Password, including the content of
Subscriber's transmissions through the Service. By way of example, and
not as a limitation, Subscriber agrees NOT to:
the Service in connection with the delivery or transmission of
unsolicited messages (commercial or otherwise) or spamming.
a false identity, caller id, or forged email address, or otherwise
attempt to mislead others as to the identity of the sender or the origin
of the message.
through the Service unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind
any material that may infringe the intellectual property rights or other
rights of third parties, including trademark, copyright or right of
any material that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious programs.
any U.S . law regarding the transmission of technical data or software
exported from the United States through the Service.
with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks.
to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or
any other means.
with another member's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
THIRD PARTY ADVERTISER
may enter into transactions with advertisers on the Services.
transactions are between Subscriber and advertisers and FoneAds.com has no
connection with any such transaction.
assumes no liability for any such transactions.
Agreement merges all prior written and oral communications and defines
the entire agreement of the parties concerning the Services.
the event any portion of this Agreement shall be held illegal, void, or
ineffective, the remaining portions hereof shall remain in full force
and effect and such illegal, void or ineffective provisions shall be
construed, as nearly as possible, to reflect the intentions of the
notices under this Agreement shall be in writing and delivered by email.
Agreement shall be construed in accordance with the laws of the State of
Illinois without regard to its conflict of laws provisions. FoneAds.com and
the individual Subscriber and, if applicable, the Subscriber's company
will submit to the jurisdiction of the State and Federal courts of
agrees and acknowledges that any breach of the provisions regarding
ownership contained in this Agreement shall cause FoneAds.com irreparable harm
and FoneAds.com may obtain injunctive relief as well as seek all other
remedies available to FoneAds.com in law and in equity.
shall not assign its rights under this Agreement. This Agreement shall
be binding on and inure to the benefit of the parties, their successors,
and permitted assigns and legal representatives.
failure of FoneAds.com to exercise its rights under this Agreement will not be
construed as a waiver of such rights, nor will it any way affect the
validity of this Agreement. Sections 5, 6, and 7 shall survive
termination or expiration of this Agreement for any reason.
YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF
THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE.
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