Data Monster Terms of Service Agreement

As the developer of the software and services comprising the “Services” (defined below), Data Monster (“Company” or “we”) wants to ensure that all Users of the Data Monster Services are aware of, and abide by, all pertinent laws. Among numerous features, portions of the Services are capable of sending prerecorded messages. Please review the following and if you have any questions contact your reseller or attorney before continuing.

Awareness of Certain Laws. Prior to using this site or the services accessible through this site (collectively, “Services”), “You or the User” (i.e., each end user, sales agent, reseller, or other party accessing the site) shall have made yourself aware of the legalities of all intended uses of the Data Monster Services. Without, in any way, limiting the general nature of the Representations and Warranties set forth below, or the covenant in the preceding sentence. You agree that you are aware of the laws and regulations contained on the following websites:

  • (Do Not Call Registry)
  • (Federal Trade Commission and the Telemarketing Sales Rule)
  • (Federal Communications Commission and the Telephone Consumer Protection Act)

Use of the Data Monster Service. You, the User, will not use, or attempt to use, the Data Monster Service to convey any information that is unlawful, harassing, libelous, abusive, tortuous, or invasive or another person’s privacy or proprietary rights. The User agrees to follow the letter and spirit of the Data Monster Terms of Service “TOS” Agreement as set forth and all applicable laws. The User will not send, or attempt to send messages to emergency lines, to any health care facility or similar establishment, to any government agency, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call. The User will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity. The User will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Data Monster, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message. The User will not resell, or attempt to resell, the use of the Data Monster Service without express, prior written consent/permission from Data Monster. The User will not attempt to gain unauthorized access to the Data Monster Service, other accounts, computer systems or networks connected to the Data Monster Service, network, other accounts, web interface, computer systems or networks connected to the Data Monster Service, through password/PIN, mining or any other means. User agrees that Data Monster retains the right, at its sole discretion, to determine whether or not the User’s conduct is consistent with the letter and spirit of the Service Agreement. Data Monster may immediately terminate the User’s Data Monster account if the User’s conduct is found to be inconsistent with the User Service Agreement.

Representations and Warranties. You, the User, represent and warrants that (i) You have all rights, power and authority to be bound hereby and to perform the obligations required hereunder; (ii) nothing contained herein places You in breach with any other contract or obligation; and (iii) You are, and at all times shall remain, in full compliance with all applicable laws and regulations concerning privacy, telemarketing and internet marketing, and otherwise relating to your use of the Services (including, without limitation, the Telemarketing Sales Rule (“TSR”), the Telephone Consumer Protection Act (“TCPA”).

Indemnification. You agree to indemnify and hold harmless Company and Company’s affiliated entities, officers, directors, employees, and agents, and shall defend, at your expense, and pay the cost of any damages, settlement or award (including reasonable attorneys’ fees and all related costs) arising out of, or in connection with, any actual or threatened claim, suit, action or proceeding by any person or authority arising out of Your violation of any representation, warranty or covenant contained herein, or any use by You, any account of Yours, or anyone else using your login information, to access the site or utilize the Services. If You fail to promptly investigate and defend or settle any claim of which You are notified, then Company has the right to take sole control over defense of the claim and all negotiations for its settlement or compromise, and You shall pay, as they become due, all of the reasonable costs and expenses (including reasonable attorneys’ fees and related costs) reasonably incurred by Company in defending or negotiating settlement of the claim, and You shall satisfy any related settlement, award, or judgment.

Governing Law and Venue. These terms of use shall be construed and governed by the laws of the State of Florida without effect to its conflict of laws and/or provisions. If a dispute arises out of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees incurred in connection with such action. The parties agree on behalf of themselves and any persons claiming by or through them that the sole location and venue for any litigation or other action that may arise here-under shall be in an appropriate federal or state court in Orange county, Florida.

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