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Terms of Service

Service Agreement
I understand that MessageMadeEasy.com, hereinafter (Message Made Easy) messaging service is to be used for the intended purpose of communication with our members or contacts and will not be used for solicitation and or sales programs. You agree this service will only be intended for informational/notification purposes only. Improper use of telemarketing will result in termination of account and fees will be refunded. Clients using the service in such a manner will be liable for Federal FCC and FTC fines and penalties. This service shall not be used to transmit messages that contain profanity and/or material deemed to be offensive to recipients. Any use of this service will conform to the Service Agreement as described herein.

Terms of Use
Message Made Easy offers users a telephone and text messaging service. The service is subject to the terms and conditions of this Service Agreement. New features, updates, changes and improvements to the Message Made Easy messaging service shall be subject to the terms of this Service Agreement unless stated otherwise. You agree to verify that any phone number that are send to us or input into our system contains only phone numbers and/or email addresses of which you have contained express permission to contact. As a condition of your use of any of the services, you will not use this service for any purpose that is unlawful or prohibited by the Service Agreement. You may not do the following: modify, download or publicly display the Message Made Easy website, any portion, or the content (except caching or as necessary to view content), create any derivative work based on the Message Made Easy website, collect account information for the benefit of another party, use software robots, spiders, crawlers, or similar data gathering tools, co-brand name or hyper-link to the Message Made Easy website, without express written permission. By accepting the terms of this Service Agreement, you agree to be bound by the terms and conditions set forth herein. If you do not accept the terms and conditions of this Service Agreement you may not access or use the Message Made Easy messaging services.

Changes of Service Agreement
Message Made Easy reserves the right to modify and change the terms and conditions of the Service Agreement at all discretion and all modifications shall be effective upon release. All new features that augment or enhance the current Message Made Easy messaging service shall be subject to the Service Agreement. You agree to review the terms and conditions. Message Made Easy is not responsible for notifying you of terms and conditions. Continued use of this service shall deem your continued acceptance of all modification of the Service Agreement. Message Made Easy will not be held responsible for the timeliness, deletion or mis-delivery of communications.

Restriction and Modification of Service
You agree that the Message Made Easy messaging service may limit your use and has no liability or responsibility of the unavailability of the messaging service. At the discretion of Message Made Easy, it may limit access, modify, change or discontinue the messaging service with or without notice and will not be held liable to you or any third party for such actions. Message Made Easy will establish general practices which may not be published, such as the maximum number of times that a message will be recalled, the maximum number of messages that may be sent or received by an account of Message Made Easy, the length of a message, and the maximum duration for which you may access the service in a given period of time.

Registration Information
By accepting the terms of this Service Agreement, you agree as a condition of your use of the Message Made Easy messaging service, to provide accurate and complete information when registering for or using our services and to update and maintain such information. Message Made Easy has the right to suspend, restrict, or terminate your use of our services and to refuse all or portions of our services if Message Made Easy has reason to believe that you have failed to comply with these requirements. Users of the Message Made Easy messaging service must be eighteen years of age or older.

Account Security
The following are the prohibited violations of the security of the messaging service and the specifications are not limited herein:

1. Attempting to obtain unauthorized access to an account other than one that is designated for you.
2. Accessing or gathering data or information that is not intended for you.
3. Attempting to hack, tamper, modify, or corrupt the security system.
4. Attempting to interfere with the messaging service, either the host or the user, by tampering with the script, website commands, trapping users on other URL addresses.
5. Transmitting material that contains viruses, Trojan horses, and other potentially damaging or destroying devices.
6. Interfering, intercepting or data or information from the website
7. Expropriating any systems of the website.
8. You can report misuse at support@messagemadeeasy.com or call 877 603-6203.

Commercial Use
Commercial clients may use the service to deliver non-solicitation messages to consumers, or reasonable B2B use to contact existing customer, subscriber, members or others with which you have an on-going relationship.

Nonprofit 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.

Use by Nonprofit and commercial organizations other that as intended subjects you to re-pricing using the rate at the time of the improper use.

You agree to familiarize yourself with the following rules
Federal Trade Commission, LINK: http://www.ftc.gov
Federal Communications Commission, LINK: http://www.fcc.gov
DoNotCall Registry Info, LINK: http://www.donotcall.gov

Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
Customer agrees to place *ANY* individual requesting DNC status, on Customer’s accounts DNC list, immediately.
Customer agrees to provide all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
Customer agrees to schedule campaigns responsibly.
Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.

Recipient Acceptance of the Message Made Easy Messaging Service
You will not use this service to contact people who object to receiving messages. You agree that any group, sub-group, or person who uses this service under your account must be informed of and abide by the Service Agreement. You agree anyone person who asks to be removed from your calling list will immediately be removed by you. You accept any and all legal implications by not removing someone who has requested to be removed from your calling list.

Your Conduct
As a condition of your use of the Message Made Easy messaging service, you agree and warrant to Message Made Easy that you will not use our services for any purpose that is unlawful or prohibited by the Service Agreement. You may not use our services in any manner that could damage, impair, disable or burden our services. You may not interfere or otherwise infringe in any way with the Message Made Easy messaging service’s rights.

You will not send , or attempt to send, messages to emergency lines to any health care facility or similar establishment, to numbers assigned to radio common carrier services, to numbers outside the US and Canada, and, unless granted permission from the recipient, to any service for which the called party is charged for the call. You 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.

You will not impersonate, or attempt to impersonate, any other person, falsify contact information, or caller ID phone number displayed to recipients, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Message Made Easy, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message. You will not use this service to delivery information that may be perceived as sexually explicit, harassing, libelous, threatening, hateful, offensive or defamatory. You will not attempt to resell the use of this service. You agree that Message Made Easy retains the right to use its sole discretion to determine whether a user’s conduct is found to be inconsistent with the Service Agreement.

Using or registering for the Message Made Easy messaging service acknowledges that you have read and understand the Message Made Easy privacy policy which is incorporated into this Service Agreement.

Message Made Easy does not guarantee the quality, accuracy, integrity, or appropriateness of any messages, data, or other materials, whether publicly posted or privately transmitted though this service. You acknowledge that this service simply acts as a conduit for the distribution and transmission of information. It is solely your responsibility to evaluate the accuracy, or appropriateness on any content that you send, receive, access, post, or transmit through this system and Message Made Easy has no obligation to screen, preview, or monitor such content. You acknowledge that Message Made Easy will not be held liable in any way for the content of any messages, errors or omissions, or for any loss or damage of any kind incurred as a result of the use of messages sent, accessed, posted or otherwise transmitted by the Message Made Easy messaging service.

Disclosure
While Message Made Easy is committed to protecting your privacy it may make information available to our employees with whom we contract for use solely to handle your accounts. In addition, Message Made Easy may provide aggregate statistics; such as, demographics and other anonymous information about our users to advertisers, service providers, and other third parties. You acknowledge and agree that

Consent To Record Your Voice Inputs
You agree and consent to Message Made Easy recording voice communications, (all utterances) during the use of the Message Made Easy messaging service. If you object to recording voice communications you may not use the Message Made Easy messaging service.

Remove Phone Number
To remove your phone number from a list, the easiest way to do this is to recall the number on the call ID and request them to remove your number. To remove your number you can e-mail “remove my number” along with your phone number to be removed as well as the phone number appearing on your caller ID. This request may be placed by sending a request to support@messagemadeeasy.com, or by sending a letter to Message Made Easy PO Box 230, Canal Fulton Ohio, 44614 by going to MessageMadeEasy.com and clicking on Do Not Call. Only phone numbers maintained in our roster system may be removed in this way. We are unable to add phone numbers to a list such as Do-Not-Call. These requests will be forwarded to you and you agree to remove these numbers from future files sent to us.

No Spam and Consent to Damages
You are prohibited from spamming, sending un-solicited E-mail messages, or sending bulk commercial advertisements. You will not solicit the sale of goods, products or services of any kind through this service, or engage in deceptive marketing. You will not hold the Message Made Easy affiliates or employees, up to public scorn or ridicule, engage in any activity that would subject us to civil or other liability actions. You will not misrepresent your relationship with Message Made Easy.

Because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Message Made Easy liquidated damages as prescribed by law, but not less the $10.00 for each piece of spam, unsolicited message, or other violation of the terms of this Service Agreement, transmitted or otherwise connected with your account.
Proprietary Rights
You acknowledge that the Message Made Easy messaging service and any necessary software used in connection with the Message Made Easy messaging service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not modify copy, display, distribute, publish, or license any information or products obtained by the Message Made Easy messaging service. The Message Made Easy logo is a trademark and you agree not to display or use it in any manner without prior permission from Message Made Easy.

Service Providers
Message Made Easy will not be held responsible for the content, data, or advertisement of a Service Provider and will not be held liable for damages or loss caused by a Service Provider’s use of content. If you choose to deal with a Service Provider, such dealings are between you and the Service Provider. You agree that the caller ID phone number you use to identify your calls is working number in which you can be easily reached.

Services and Fees and Charges
Your credit card will be charged on a monthly cycle according to the package you purchased plus taxes, fees, up charges, surcharges and penalties. Message Made Easy reserves the right to change or modify the services and fees with our without prior notice.

Billing
Message Made Easy operates on a 30 day billing cycle and does not prorate charges. A one month charge will be assessed if cancellation occurs early. There are no money back guarantees. Payments not made on time to Message Made Easy will assess a late payment fee of $5.00 or 2% whichever is greater. User agrees to pay any late balance and late fees immediately. If litigation is needed to recoup late fees, the user agrees to pay any attorney fees, court fees or collection fees.


Term and Termination
Message Made Easy reserves the right to cancel the subscription at any time without notice.

Limitation of Liability
You agree that Message Made Easy will not be held liable for the damages resulting or arising from the inappropriate us of or inability to use this service, or for the disclosure of unauthorized access to information and alteration of the message, Message Made Easy liability if any on any claim for damages directly to related to the services that were provided will be limited to the direct damages and will not exceed the amount which has been paid to Message Made Easy for the 3 months prior to the date on which the claim arises. Actions must be brought no more than one year after the date on which the claim arises.

Liability Disclaimer
You may use the Message Made Easy messaging service at your own risk. We do not provide warranties of any type, expressed or implied, such as, the service will meet your requirements, the service will be infallible, the service will be uninterrupted, errors in the data or software will be corrected, or the results of the messages received from this service will be reliable and acceptable. Do not use this service for “sensitive data” that would be considered a detriment if disclosed or accessed by other users.

Indemnification
You agree that Message Made Easy will not be held liable for the damages resulting or arising from the inappropriate us of or inability to use this service, or for the disclosure of unauthorized access to information and alteration of the message, Message Made Easy liability if any on any claim for damages directly to related to the services that were provided will be limited to the direct damages and will not exceed the amount which has been paid to Message Made Easy for the 3 months prior to the date on which the claim arises. Actions must be brought no more than one year after the date on which the claim arises.

Notice
Message Made Easy may deliver notices to you through E-mail, regular mail, telephone, and the Message Made Easy messaging service website. Such notices include changes to the Service Agreement.
Agreement
This service agreement constitutes an agreement between you and Message Made Easy and it supersedes any prior agreements. Additional terms and conditions may apply as deemed necessary by Message Made Easy. In the event of a conflict, the terms of the signed Service Agreement shall control.

Arbitration
This service agreement shall be governed by the laws of the State of Ohio. You agree that regardless of the statute of limitations, you must file any claim or cause of action relating to the terms of the service agreement within one year after the claim has been presented. You agree to submit any dispute with Message Made Easy to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Akron, Ohio. You agree that the ruling shall be enforceable in any court of competent jurisdiction. (Message Made Easy to decide upon an arbitrator and additional information)

If Message Made Easy fails to exercise any rights of this service agreement or fails to enforce any terms, it shall not constitute a waiver of the rights or terms. If any portion of the service agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should give effect to the intentions of Message Made Easy.