One Call Now™ Service Agreement
One Call Now™ Service Agreement
I understand that the One Call Now™ messaging service is to be used for the intended
purpose of communicating with our members or contacts and will not be used for solicitation
and/or telemarketing. Use for telemarketing will, in One Call Now™'s sole discretion,
result in termination of account and no fees will be refunded. Additionally, client
using the service in such manner shall be liable for Federal FCC and FTC fines and any
applicable state penalties.
Further, I understand that this service shall not be used to transmit messages that
contain profane language and/or other material deemed to be offensive to the recipients
or One Call Now™ and agree that any use of the One Call Now™ Messaging Service
will conform to the Service Agreement as outlined below.
Definition of Unlimited Calls
One Call Now™ offers selected calling packages that allow 'unlimited calls' - typically
looked at as messages sent to your entire group four or fewer times a week. These calls
are limited to messages directed to members/students/players with notification and messages
relating to time sensitive topics such as reminders, schedule or location changes.
Usage of the message delivery service for other purposes (typically looked at as more
than four times a week) will be addressed by contacting the group leader to warn of
excessive or improper usage which may result in an additional 10 cents per call charge.
Reference throughout this Service Agreement to "One Call Now™", "we", "our" and
"us" are treated identically.
Terms Of Use
Myteam1, LLC, doing business as and hereinafter "One Call Now™" is providing users
with access to its telephone messaging services and website, the One Call Now™
service, subject to the terms and conditions of this Service Agreement (the "Terms of
Use"). Any new features, changes, updates or improvements to the current One Call Now™
service, and the availability of new One Call Now™ services, shall be subject to
the terms of this Service Agreement unless explicitly stated otherwise.
1. YOUR ACCEPTANCE OF THIS SERVICE AGREEMENT AND LIMITED LICENSE
Please read the Service Agreement carefully before using or registering for the One Call
Now™ service. By using or registering for the One Call Now™ Service, you
agree to be bound by the terms and conditions set forth. If you do not wish to be bound
by these terms and conditions, you may not access or use the One Call Now™ Service.
You agree to verify that any list of members you send to us or input into our system
contains only phone numbers and/or email addresses from individuals that have given
you express permission to contact them. Such numbers or addresses are referred to as
"opt-in" numbers and addresses, meaning they have opted to give you permission to contact
them.
One Call Now™ grants you a limited, revocable, and nonexclusive license to use
the One Call Now services to access the messaging services or to review information about
our company and the messaging services. As a condition of your use of any of the services,
you warrant to One Call Now™ that you will not use the One Call Now website or
messaging services for any purpose that is unlawful or prohibited by the Service Agreement.
The foregoing limited license means that you may NOT: (i) modify, download, or publicly
display the One Call Now™ website, or any portion thereof, or the Content (as defined
below) except caching or as necessary to view content; (ii) make any use of the One Call
Now™ website or the Content other than for permissible uses as described in this
Service Agreement; (iii) create any derivative work based on either the One Call Now™
website or the Content; (iv) collect account information for the benefit of another
party; (v) use any meta tags or any other 'hidden text' utilizing our name or the One
Call Now Marks (as defined below) without the express written consent of One Call Now™;
(vi) use software robots, spiders, crawlers, or similar data gathering and extraction
tools, or take any other action that may impose an unreasonable burden or load on our
infrastructure; or (vii) co-brand, frame, or hyper-link to the One Call Now™ website,
without the express written permission of One Call Now™. For purposes of this Service
Agreement, "co-branding" means to display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner as is reasonably likely
to give a user the impression that such other party has the right to display, publish,
or distribute the One Call Now™ or the Content. You agree to cooperate with One Call
Now™ in causing any unauthorized co-branding, framing or hyper-linking immediately
to cease.
2. MODIFICATION OF TERMS
We reserve the right to modify and restate the terms and conditions of the Service Agreement,
and modification(s) shall be effective immediately upon being posted on the One Call
Now™ website.
Unless explicitly stated otherwise, any new feature that augments or enhances the current
One Call Now™ service, including the release of new One Call Now™ properties,
shall be subject to the Service Agreement. You understand and agree that the One Call
Now™ service is provided "AS IS" and that One Call Now™ assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued
use of the One Call Now™ Service shall be deemed to be your conclusive acceptance
of all modifications to the Service Agreement.
3. PRIVACY POLICY
Using or registering for the One Call Now™ Service acknowledges you have read and
accept the One Call Now™ Privacy Policy. Before using or registering for the One Call
Now™ Service, please carefully read the One Call Now™ Privacy Policy. The
terms of the Privacy Policy are hereby incorporated into this Service Agreement.
4. REMOVE PHONE NUMBER
If members of your group do not wish to receive messages, they may visit our website
and click 'Remove My Number' on the home page of the web site, or contact us via email
- by sending a letter to One Call Now™, 623 S. Clay St., Troy, OH, 45373, or by
telephone at (877) 698-3262 to request the removal of their telephone number from the
roster. Only phone numbers maintained in our roster system may be removed in this way.
Phone numbers called for clients who initiate telephone messages by sending a file of
phone numbers to our ftp server or "Canned Call Manager" are not maintained in our roster
management system for future use, and cannot be removed by One Call Now™. Requests
for removal of numbers sent to us in these ways will be forwarded to you. You agree
to remove these numbers from any future file sent to us.
5. REGISTRATION INFORMATION
You agree, as a condition of your use of the One Call Now™ Service, to provide
One Call Now™ with accurate and complete information when registering for or using
the One Call Now™ Service, and to update and maintain such information. One Call
Now™ has the right to suspend, restrict or terminate your use of the One Call Now™
Service and to refuse any future use of all or portions of the One Call Now™ Service
if One Call Now™ has reason to believe that you have failed to comply with these
requirements.
6. MINIMUM AGE
If you are under the age of eighteen, you are prohibited from using or registering for
the One Call Now™ Service. By using or registering for the One Call Now™ Service,
you represent and warrant to One Call Now that you are above the age of eighteen.
7. ACCOUNT SECURITY
When you are registered, you are given a Personal Identification Number (PIN) and a
Group Number (ID). You are responsible for protecting the confidentiality of your PIN
and Group ID, and are fully responsible for all activities that occur under your PIN
and ID.
You agree to immediately notify One Call Now™ of any loss, compromise or unauthorized
use of your PIN and ID or any other breach of security. You may notify One Call Now™
by sending a letter to One Call Now™, 623 S. Clay St., Troy, OH, 45373, or by telephone
at (877) 698-3262.
Prohibited violations of the security of the messaging services include, but are not
limited to, the following:
| (a) |
Attempting to log into or otherwise obtaining or seeking to obtain unauthorized access
to any account or computer system. This includes, for example: (i) accessing data or
information not intended for you or your use, (ii) attempting to probe, scan, or test
the vulnerability of the messaging services, and (iii) tampering, hacking, modifying
or otherwise corrupting, circumventing or breaching security or authentication measures
without proper authorization.
|
| (b) |
Interfering with or attempting to interfere with the messaging services to any user,
host, or network, by use of any program, script, command, or otherwise, including, overloading,
"flooding," or "crashing" any computer system, or causing a user's screen to "scroll"
faster than the user is able to follow to type to it, "trapping" users at any URL or
site, or taking any action that has a similarly disruptive effect as any of the foregoing.
|
| (c) |
Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots
or any other computer programming routines or engines with the intent or effect of damaging,
destroying, disrupting or otherwise impairing a computer's functionality or the operation
of the Messaging Services.
|
| (d) |
Interfering with, intercepting or expropriating any system, data or information.
|
8. CONSENT TO RECORD YOUR VOICE INPUTS
You agree and consent that One Call Now™ may record the oral or voice communications,
utterances, conversations or commands ("Voice Inputs") made by you during the use of
the One Call Now™ Service. By using the One Call Now™ Service, you expressly
consent and grant to One Call Now™ the right to record and use your Voice Inputs.
If you do not want your Voice Inputs recorded or used, you may not use the One Call Now™
Service.
9. NON-COMMERCIAL PERSONAL USE
One Call Now™ offers service plans for both commercial use and non-commercial use
(e.g. Coaches and Sports Leagues, Churches and Synagogues, Schools, Clubs and Organizations,
Election and Campaigns, and Government Emergency Notification. One Call Now offers on
its web site, fees and rates for both non-commercial and commercial users. Users can
find special plans designed for various commercial and non-commercial users at www.One Call Now.com.
Commercial clients may use the service to deliver non-solicitation messages to consumers,
or reasonable business-to-business use to contact existing customers, subscribers, members
or others with which you have an ongoing business relationship.
Non-commercial clients may use the message service to reach, inform and notify members,
players, students, and their families of activities, events and issues important to
the organization.
Users who attempt to use any of the packages outside the scope of their plan will be
subject to re-pricing, retrospectively, at the then current rate. By way of example
and not limitation, Commercial users who attempt to use any of the One Call Pass Unlimited
packages for non-commercial use (e.g. Coaches and Sports Leagues, Churches and Synagogues,
etc.) will be contacted, and your usage and service will be subject to re-pricing, retrospectively,
at the then rate.
10. RESTRICTION AND MODIFICATION OF SERVICE
You agree that One Call Now™ may limit your use of the One Call Now™ Service,
including without limitation the frequency and duration for which you may access the
One Call Now™ Service, and that One Call Now™ has no responsibility or liability
for any unavailability or limitation on use of the One Call Now™ Service. In addition,
One Call Now reserves the right at any time to limit: access to, modify, change or discontinue
the One Call Now™ Service, or any part thereof, with or without notice. You agree
that One Call Now shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the One Call Now™ service. You acknowledge and
agree that One Call Now™ may establish general practices and limits, which may
not be published, concerning the use of the One Call Now™ service, including without
limitation the maximum time that messages will be retained, the maximum number of messages
that may be sent from or received by an account on the One Call Now™ Service, the
length of message sent and the maximum number of times, and the maximum duration for
which you may access the Service, in a given period of time. You agree that One Call
Now™ has no responsibility or liability for the deletion or failure to store any
messages and other communications maintained or transmitted by the One Call Now™
service. You acknowledge that One Call Now™ reserves the right to terminate any
inactive or dormant account(s). You agree and One Call Now™ reser