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IMPORTANT - READ CAREFULLY BEFORE USING IPGEN
DIRECT DIGITAL MARKETING BROADCAST SERVICES
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 IPGEN. 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. IPGEN 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, IPGEN 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 IPGEN upon signing up for the Services and at subsequent times
as requested by IPGEN.
Subscriber acknowledges that IPGEN 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 IPGEN 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
IPGEN 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 IPGEN services originating from
Subscriber's account by Subscriber or others.
3. IPGEN'S RIGHTS
IPGEN 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
IPGEN.
4. TERMINATION
Either party may terminate this
Agreement upon notice to the other party.
IPGEN reserves the right to suspend,
deny or terminate Subscriber's service if IPGEN, at its sole discretion,
believes Subscriber is using or plans to use IPGEN services in a manner
that is unlawful, abusive, prohibited by the IPGEN Terms of Service or
if Subscriber's use or planned use of IPGEN services creates or could
create a potential adverse impact to IPGEN's ability to provide service
to others.
Upon termination, Subscriber shall
immediately cease to use the Services and IPGEN shall have no further
obligations whatsoever to Subscriber.
IPGEN shall not be liable to the
Subscriber or any third party for any reason for IPGEN terminating this
Agreement.
5. LIMITATION OF LIABILITY
In no event shall IPGEN 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. IPGEN'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 IPGEN 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. IPGEN
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.
IPGEN 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.
IPGEN 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.
IPGEN 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.
IPGEN 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 IPGEN
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 IPGEN LLC with regards to IPGEN products
and services.
7. RETURN POLICY
IPGEN 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, IPGEN
will credit or refund the amount pertaining to the call(s) in dispute.
IPGEN 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@IPGEN.com.
8. INDEMNIFICATION
Subscriber shall indemnify and hold
harmless IPGEN, 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,
IPGEN may modify or discontinue the Services.
IPGEN shall not be liable to the
Subscriber or any third party for any reason for IPGEN'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 IPGEN system.
10. MODIFICATION TO AGREEMENT
IPGEN may automatically amend this
Terms of Service Agreement at any time by (i) posting a revised
agreement on the IPGEN.com Web site, and/or (ii) sending information
regarding the Terms of Service amendment to the email address Subscriber
provides to IPGEN.com. Subscriber is responsible for regularly reviewing
the IPGEN.com Web site to obtain timely notice of such amendments.
Subscribers will be deemed to have accepted these amended IPGEN Terms of
Service if Subscriber continues to use IPGEN 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. IPGEN 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 IPGEN 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 IPGEN 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 IPGEN service.
Subscriber agrees not to violate these, or any other applicable Federal
or State laws and represents and warrants that subscribers use of IPGEN
will not cause IPGEN 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 IPGEN will not cause IPGEN 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 IPGEN 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, IPGEN 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 IPGEN has no connection with any such
transaction.
IPGEN 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. IPGEN 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 IPGEN irreparable harm and IPGEN may obtain
injunctive relief as well as seek all other remedies available to IPGEN
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 IPGEN 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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