EzCALLING TERMS OF SERVICE AGREEMENT
You will be referred to from time to time as "you" in this Agreement. "Member" means you if you are the registered or named holder of a subscription or Account in Rentalo.com for the Service, or the named Account holder if you are using an Account registered in the name of another person. "Account" means the account (a) under which you use the Service, whether registered to you or a Member who has provided you access to use his, her, or its account, or (b) that you create on behalf of another person who becomes a Member thereby.
1.0 Service Subscription
You may use the Service only while you are (1) a paying Member who subscribes to the Service, (2) using the Service with the express permission of a paying Member who subscribes to the Service, or (3) a "free trial" user or a registered participant in an alpha or beta testing program.
You represent and warrant that you are at least 18 years of age or have the approval of your parent or guardian to register for or use the Service. If Rentalo.com becomes aware that you or a Member is under the age of 18 and not appropriately supervised, Rentalo.com may cancel the Account or otherwise restrict access to it.
You represent, to the extent you use any feature of the Service and you are not a Member, that you have the express permission of a Member to use that Member's Account. Conversely, if you are creating or registering an Account on behalf of another person who will become a Member thereby, you hereby represent, warrant, and covenant that you have the express authority to register such person, create such Account, and bind such Member (as a "Member") to this Agreement and the policies and requirements pertaining to the Service, and you hereby indemnify Rentalo.com from any loss, damage, claim or expense (including reasonable attorney's fees and expenses) arising out of or related to your failure to actually acquire such authority or such new Member's dispute or denial of any such authority. Rentalo.com reserves the right to discontinue allowing persons who are not (or who do not become thereby) registered Members to create, use, or access Accounts or the Service, whether on an account by account basis or otherwise, in its sole discretion. Rentalo.com may establish other reasonable Account or Service registration or usage limits in its discretion. We further reserve the right to refuse Service to any person for any reason, in our discretion.
During registration, each Member must submit and maintain current and accurate Account and contact information, including a working e-mail address and telephone number, and any inaccuracy therein shall be grounds for Account termination. We may distribute notices and other important information to members to such e-mail addresses, or by publication on the Rentalo.com Website, by transmission through the Service, or by written communication sent by mail to the Member address on record. Regardless of method, each Member is responsible to assure that other users of the Account or the Service there under are notified accordingly and all such users shall be deemed to have received such notice when provided to the Member of record by reasonable means. Such notices, including any amendments to this Agreement determined by Rentalo.com in its discretion, or to any policies, rules, or restrictions, shall be effective as against the Member and all other Service users upon such publication or distribution.
You are responsible for providing the equipment and services, if any, and configuring the same correctly, as necessary for your access to the Service. Rentalo.com is not responsible for any telephone or internet connection charges, surcharges, taxes, or other amounts incurred in accessing the Service, for which you accept all responsibility. If Rentalo.com specifies, at any time, any particular system requirements or hardware specifications for use of the Service, you will be responsible to provide the same or to cease to use the Service.2. Price and Payment, Refund Policy, and Cancellation or Termination of Service
Each Member will be billed according to his, her, or its chosen Service and billing plan, as described on the applicable page(s) of the Rentalo.com Website. Generally, the Service plan provides the following billing options:
(1) One-time base Service usage charge is paid in advance (a “Prepaid Usage Plan”); or (2) Recurrent base Service usage charge is paid in advance (a “Prepaid Usage Plan”); Rentalo.com reserves the right to withdraw or modify Service or per minute charges at any time or from time to time effective any time.
No refunds for unused minutes or feature, or for partial periods of usage prior to effective Account cancellation, shall be given. The Member agrees to pay all fees, usage charges, and other Service charges applied to the Member's Account in accordance herewith or with the applicable Service plan and in accordance with the Prepaid Usage Plan, and to comply with applicable billing terms (prepaid) in effect at the time the fee or charge becomes payable (including without limitation, as applicable, that payments will be charged to the Member's payment credit card).
A Member may cancel his, her, or its Service by sending a request via our contact form. Any notice of cancellation must be submitted at least 5 business days' prior to the end of Service.
Rentalo.com may, without refund, terminate Service or suspend access to the Service immediately without notice, in Rentalo.com's sole discretion, if you or a Member whose account you are using, or any other user of the Service fails to comply with this Agreement, thereby terminating this Agreement and all obligations of Rentalo.com hereunder or with respect to the Service.
Unless expressly specified otherwise, the Service and all quoted fees and charges are for United States domestic voice only, and any international or other usage will be billed at Rentalo.com's standard rates plus applicable surcharges (or, if none, at Rentalo.com's cost plus applicable surcharges).
Unless otherwise specified by Rentalo.com or by another express Agreement with Rentalo.com to the contrary, your right to access or use the Service terminates on the earlier of (a) the moment at which your prepaid credit is consumed by the per minute usage, or (b) any other date upon which Rentalo.com has the right to terminate the Account or suspend the Service as provided in this Agreement or any other applicable agreement or policy.
3. Service Acceptable Use Policies, Rules and Requirements
When Service is activated, the Member will be held liable for all Service usage or misuse, and Member Account holders are responsible for all activities under the Account (including, with respect to each of the foregoing, any civil or criminal liability therefore). If you feel there may have been a breach in security, such as the unauthorized disclosure or use of any phone number, you must promptly notify Rentalo.com, and we strongly recommend that you change Account password. Rentalo.com is not liable for any loss or damage arising from your failure to comply with this section or any unauthorized Account usage.
When creating an Account for, using, or accessing the Service, you agree, and each Member shall cause all other users of such Member's Account to agree, to abide by all of Rentalo.com policies in effect, including any amendments thereto, which policies include, without limitation, the following: you, and each Member or other user of the Account (a) shall (i) abide by all applicable laws, rules, and regulations relating to the use, posting, transmission, distribution, capture, download, and/or recording of voice, content, software or other matter; (ii) conform all usage to applicable rules, laws, and regulations pertaining to or regulating the use of telephone networks, telemarketing, do-not-call requests or lists, pre-recorded messages and other automated voice broadcasts, automated dialers, call or voice recording or surveillance, text, SMS, and other messages, and electronic mail (including anti-spamming laws) (for each of which you take sole responsibility for compliance); and (iii) provide us with accurate and legally compliant user telephone numbers and contact information, caller ID, ANI and other Service user information (which you represent and warrant to be accurate and compliant); and (b) shall not (nor allow any person to) (i) use the Service in any manner which violates the rights of any person or is illegal, fraudulent, deceptive (including without limitation any spoofing of caller ID information or similar practices likely to deceive any other party contacted through the Service), harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, invasive of privacy, or otherwise objectionable or unlawful; (ii) attempt to gain unauthorized access to any account, the Rentalo.com network, or any related components; (iii) use or access the Service by mobile telephone while operating a motor vehicle to the extent prohibited by any competent jurisdiction (when such usage is permitted, we strongly recommend use of a hands-free telephone); or (iv) interfere with another's use and enjoyment of any Rentalo.com services.
Any violation of Rentalo.com policies by you or anyone using your Account will be grounds for termination of the Account, at Rentalo.com's sole discretion, and you may be reported to appropriate law-enforcement agencies. Rentalo.com shall not be liable for any injury or damage suffered by or during use of the Service, and you hereby indemnify and hold harmless Rentalo.com and its agents, officers, employees, and providers from any claims, damage, or loss (including attorneys fees and expenses) arising out of your use of the Service or that of any other user of your Account.
4. Service Availability and Waiver
Rentalo.com guarantees that the calling network component of the Service will be available 99% of the time (the "'Service Guarantee"), subject to (and other than) (1) scheduled maintenance outages of which we provide notice on the Rentalo.com Website or by email, and (2) regular backup and maintenance performed (without further notice) between 3 a.m. and 6 a.m. Eastern Standard Time Zone. Other than the Service Guarantee, we make no guarantee as to the continuous availability of the Service or any specific feature of the Service. You hereby waive all claims for damages for Service unavailability, scheduled or unscheduled, and indemnify Rentalo.com for any similar claims made by any other users on your Account. We may at any time change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. We do not guaranty that the Service may be accessed from all locations or with all equipment or types of communications access. We do not recommend, and do not support, use of the Service in mission critical situations or on mission critical equipment.
While we will use reasonable efforts, we cannot promise that you or any Member will be able to maintain or keep any specific toll-free extension number that we provide you. As between you and Rentalo.com, we own toll-free extension numbers we provide as part of the Service and reserve the right to reallocate them at our discretion.
No Emergency Dialing
THE SERVICE DOES NOT INCLUDE ANY E911 OR RELATED SHORT DIGIT EMERGENCY DIALING FEATURE. YOU UNDERSTAND THAT THE SERVICE IS AN ENHANCED INFORMATION SERVICE AND NOT INTENDED, NOR CAN IT BE USED, AS A FULL INBOUND-OUTBOUND TELEPHONE REPLACEMENT, AND THAT YOU AND/OR ALL USERS OF YOUR ACCOUNT SHOULD MAINTAIN STANDARD ACCESS TO LAND-LINE OR MOBILE TELEPHONE SERVICE WITH E911/SHORT DIGIT EMERGENCY DIALING SERVICE, OTHER THAN OUR SERVICE. YOU WAIVE ANY CLAIMS AGAINST RENTALO.COM BASED UPON OR ARISING OUT OF ANY FAILURE TO PROVIDE SHORT DIGIT EMERGENCY DIALING CAPABILITY AND INDEMNIFY RENTALO.COM AGAINST ANY SIMILAR CLAIM BY ANY USER OF YOUR ACCOUNT.
No Emergency Notifications; Not for Use in any Emergency Situations
Accordingly we strongly recommend that alternative methods, specifically intended for mission critical or emergency services usage, be used, rather than the Service, to deliver emergency messages of any urgent, public safety or similar nature. You agree that Rentalo.com has no liability to you arising out of or related to any such use and indemnify Rentalo.com for any claim or liability, and all resulting costs, damages, and expenses (including reasonable attorney's fees and expenses) arising out of your use of the Service for such purposes.
Credit Card Security
RENTALO.COM IVR SYSTEMS AND SURVO VOICE FORMS DO NOT COMPLY WITH ANY LEVEL OF CREDIT CARD SECURITY OR PCI (PAYMENT CARD INDUSTRY) STANDARDS AND MAY NOT OTHERWISE BE ENCRYPTED OR HACKER-PROOF. WE STRONGLY DISCOURAGE USING RENTALO.COM VOICE FORMS TO COLLECT CREDIT CARD OR OTHER PERSONAL OR FINANCIAL INFORMATION. RENTALO.COM EXPRESSLY DISCLAIMS ANY, AND YOU AGREE WE HAVE NO, LIABILITY FOR ANY CLAIMS OR DAMAGES RESULTING FROM FAILURE TO COMPLY WITH ANY DATA SECURITY STANDARDS PERTAINING TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CREDIT CARD SECURITY/PCI COMPLIANCE STANDARDS. YOU HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS RENTALO.COM FROM ANY SUCH CLAIMS OR RELATED CLAIMS, WHETHER BY YOU, A THIRD PARTY, A GOVERNMENTAL AUTHORITY, OR ANY PAYMENT CARD PROVIDERS.
6. FTC & FCC Regulations
Users of Rentalo’s EzCalling must comply with all pertinent regulations, including legal limits on outbound calls which deliver pre-recorded (or automated) messages. The federal government, most states, and many countries regulate how and when voice broadcasts are permitted.
Here are links to some helpful resources, although this is by no means the full set of rules which may apply to your voice broadcasts:
- FTC – Summary of Telemarketing Sales Rule (TSR)
- FTC – Recent Applicable TSR Enhancements [PDF]
- FCC - Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 [PDF]
- State Regulation: State Public Utility Commissions
- State Regulation: State Attorneys General
- Other General Guidance: Electronic Retailing Association Guidelines
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except when expressly provided by another written agreement with Rentalo.com, this is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by an authorized representative of Rentalo.com.
Rentalo.com shall not be deemed in breach of this Agreement, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
Your right to use the Service and access the Account is not transferable, and may not be sold, rented, or timeshared, unless expressly permitted in writing by a Rentalo.com representative. Rentalo.com may assign this Agreement, in whole or in part, at any time with or without notice to you.
You agree that Rentalo.com may, in its sole discretion, from time to time add to, delete from, or modify this Agreement in any reasonable manner by providing notice as permitted above.