© 2008 by 2 Cent Autocalls LLC

2 Cent Auto Calls Terms of Service

IMPORTANT -

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY PRIOR TO CLICKING THE “pay” 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 2 cent auto calls (DBA “2 Cent Auto Calls”) . 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. 2 cent auto calls RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT Subscriber DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.

 

1. STANDARD RATES FOR SERVICES.

Subscriber agrees to pay the rate of 2 cents per record for a 30 second message to be left on Answering Machines and live answers.  2 cent auto calls will call each record up to 3 times unless otherwise specified from Subscriber.  2 cent auto calls will provide Client with an itemized report when calls are completed.  Subscriber will be charged an additional 1 cent for each 15 seconds of message time.  A Recording that is 45 seconds long will cost 3 cents and a 60 second message will cost 4 cents unless otherwise agreed upon.

Subscriber may use 2 cent auto calls for Voter ID calls at a cost of 2 cents per record for only live answers.  An additional charge of 1 cent will be required if a separate message is played on answering Machines.

 

Subscriber may use 2 cent auto calls for Polling at a cost to be agreed upon between subscriber and 2 cent auto calls after the poll has been recorded.

 

2. GRANT OF RIGHTS TO USE SERVICES.

 

Effective upon acceptance of this Agreement, 2 cent auto calls DBA “2 cent auto calls” 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 prerecorded audio voice messages and menu options that would allow callers to listen and respond to various voice prompts.

3. 2 cent auto calls’s RIGHTS 2 cent auto calls 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 2 cent auto calls.

 

4. TERMINATION

 

Either party may terminate this Agreement upon notice to the other party. 2 cent auto calls reserves the right to suspend, deny or terminate Subscriber's

service if 2 cent auto calls, at its sole discretion, believes Subscriber is using or plans to use 2 cent auto calls services in a manner that is unlawful, abusive, prohibited by the 2 cent auto calls Terms of Service or if Subscriber's use or planned use of 2 cent auto calls services creates or could create a potential adverse impact to 2 cent auto calls ability to provide service to others.

 

Upon termination, Subscriber shall immediately cease to use the Services and 2 cent auto calls shall have no further obligations whatsoever to Subscriber.

 

2 cent auto calls shall not be liable to the Subscriber or any third party for any reason for 2 cent auto calls terminating this Agreement.

 

5. LIMITATION OF LIABILITY

 

In no event shall 2 cent auto calls 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. 2 cent auto calls’s liability for damages, regardless of the form of the action, shall not exceed the 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 there under are licensed "as is" and "as available" and 2 cent auto calls. Calling 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. 2 cent auto calls 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.

 

2 cent auto calls 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.

2 cent auto calls   Calling   Outbound   service   is   a   nonrefundable,   nonreturnable, nonexchangeable prepaid service. All purchases are final. Unused balances are nonrefundable.

2 cent auto calls 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.

2 cent auto calls 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 2 cent auto calls 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 2 cent auto calls with regards to
2 cent auto calls products and services.

 

7. RETURN POLICY

 

2 cent auto calls 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, 2 cent auto calls will credit or refund the amount pertaining to the call(s) in dispute. 2 cent auto calls 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 info@2centautocalls.com .

 

8. INDEMNIFICATION

 

Subscriber shall indemnify and hold harmless 2 cent auto calls, 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, 2 cent auto calls may modify or discontinue the Services. 2 cent auto calls shall not be liable to the Subscriber or any third party for any reason for 2 cent auto calls’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 2 cent auto calls
system.

 

 

10. MODIFICATION TO AGREEMENT

 

2 cent auto calls may automatically amend this Terms of Service Agreement at any time by (i) posting a revised agreement on the 2 cent auto calls Web site, and/or (ii)sending information regarding the Terms of Service amendment to the email address Subscriber provides to 2 cent auto calls. Subscriber is responsible for regularly reviewing the 2 cent auto calls Web site to obtain timely notice of such amendments.
Subscribers will be deemed to have accepted these amended 2 cent auto calls Terms of Service if Subscriber continues to use 2 cent auto calls 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. 2 cent auto calls 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 2 cent auto calls and any policies of the networks connected to the Services.

 

Subscriber is aware, knows and understands, the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to subscribers use of 2 cent auto calls. Subscriber agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of 2 cent auto calls will not cause 2 cent auto calls to violate these or similar laws.

 

Subscriber is aware or knows and understands 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 anti-solicitation laws, and represents and warrants that its use of 2 cent auto calls will not cause 2 cent auto calls 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 2 cent auto calls 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.fcc.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, 2 cent auto calls 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 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. SUBSCRIBER REGISTRATION

 

Subscriber will provide all relevant data to 2 cent auto calls upon signing up for the Services and at subsequent times as requested by 2 cent auto calls.

 

Subscriber shall update the registration data as applicable.

 

Subscriber understands and agrees that Subscriber and, if applicable, Subscriber's company will assume all financial responsibilities for use of 2 cent auto calls services originating from Subscriber's account by Subscriber or others.

 

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 electronic (digital) acceptance upon payment of invoice.

This Agreement shall be construed in accordance with the laws of the State of Massachusetts without regard to its conflict of laws provisions. 2 cent auto calls and the individual Subscriber and, if applicable, the Subscriber's company will submit to the jurisdiction of the State and Federal courts of Massachusetts.

 

Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause 2 cent auto calls irreparable harm and 2 cent auto calls may obtain injunctive relief as well as seek all other remedies available to 2 cent auto calls 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 2 cent auto calls 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.

 

14. Additional Terms and Conditions for 2 cent auto calls Services

 

All charges for recurring 2 cent auto calls service will be charged to the credit card number subscriber provided when signing up for 2 cent auto calls service.

 

In the event credit card or other form of payment is denied, 2 cent auto calls may discontinue service immediately. Payment must be made within 5 business days or service may be terminated and a $50 cancellation fee will apply.