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FoneAds.com Terms and Coniditions

 

FoneAds.com Terms and Conditions:

Please Contact Us for Terms and Conditions:

Sales@FoneAds.com

800-700-DIAL - Las Vegas

800-700-DIAL - New York City

 

TOS - Terms of Service

IMPORTANT - READ CAREFULLY BEFORE PROCEEDING

READ 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.

1. GRANT OF RIGHTS TO USE SERVICES. 

Effective 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. 

Subscriber shall have no right to sell use of the Services nor make any claim that it does have such right. 

The Services will allow Subscriber to perform various functions sending prerecorded audio/voice messages to predetermined phone numbers. 

The 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. 

Subscriber 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 charges. 

2. SUBSCRIBER REGISTRATION

Subscriber will provide all relevant data to FoneAds.com upon signing up for the Services and at subsequent times as requested by FoneAds.com. 

Subscriber 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 information. 

Subscriber shall update the registration data as applicable. 

Upon completion of all registration information and acceptance of this Agreement, Subscriber will establish a UserName and Password. 

Subscriber is solely responsible for maintaining the confidentiality of Subscriber's UserName, Password, and Mailbox. 

Subscriber 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. 

Subscriber shall immediately notify FoneAds.com if any unauthorized use of Subscriber's account has occurred or of any other breach of security. 

Please refer to our Privacy Policy for more details. 

Subscriber 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. 

3. FoneAds.com'S RIGHTS

FoneAds.com shall retain all right, title and interest to the Services including all copyrights, trademarks and all other intellectual property right there to. 

Subscriber 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 Agreement. 

The copyright notices and other proprietary legends shall not be removed from the Services and no use of trademarks is granted under this Agreement. 

Subscriber 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. 

4. TERMINATION

Either party may terminate this Agreement upon notice to the other party. 

FoneAds.com 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. 

Upon termination, Subscriber shall immediately cease to use the Services and FoneAds.com shall have no further obligations whatsoever to Subscriber. 

FoneAds.com shall not be liable to the Subscriber or any third party for any reason for FoneAds.com terminating this Agreement. 

5. LIMITATION OF LIABILITY

In 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. 

6. WARRANTY DISCLAIMER

The 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. 

FoneAds.com 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. 

FoneAds.com Outbound service is a nonrefundable, nonreturnable, non-exchangeable prepaid service. All purchases are final. Unused balances are nonrefundable. 

Monthly 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. 

Calls are billed in 60 second increments. 

FoneAds.com 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. 

FoneAds.com 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. 

Subscriber 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. 

7. RETURN POLICY

FoneAds.com 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. 

8. INDEMNIFICATION

Subscriber 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. 

9. MODIFICATION TO SERVICES

During the term of this Agreement, FoneAds.com may modify or discontinue the Services. 

FoneAds.com shall not be liable to the Subscriber or any third party for any reason for FoneAds.com's modifying or terminating of such Services. 

The 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. 

10. MODIFICATION TO AGREEMENT

FoneAds.com 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. 

11. RULES AND REGULATIONS 

Subscriber 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. 

Subscriber 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. 

Further, Subscriber will abide by all rules, regulations, procedures and policies of FoneAds.com and any policies of the networks connected to the Services. 

Subscriber 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 similar laws. 

Subscriber 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. 

Subscriber 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. 

Currently 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: 

Use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming. 

Create 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. 

Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. 

Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity. 

Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs. 

Violate any U.S . law regarding the transmission of technical data or software exported from the United States through the Service. 

Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. 

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. 

Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. 

12. THIRD PARTY ADVERTISER

Subscribers may enter into transactions with advertisers on the Services.  

Such transactions are between Subscriber and advertisers and FoneAds.com has no connection with any such transaction. 

FoneAds.com assumes no liability for any such transactions. 

13. GENERAL

This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services. 

In 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 parties. 

All notices under this Agreement shall be in writing and delivered by email. 

This 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 Illinois . 

Subscriber 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. 

Subscriber 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. 

The 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. 

IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE. 

IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB SITE

 

 

 
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