YOUR COMPANY, NONPROFIT AND/OR END USER IS LIABLE FOR ALL CALLS AND TEXT MESSAGES ORIGINATING FROM YOUR ACCOUNT.
ACCEPTABLE USE POLICY
Kentucky Democratic Party (“Service Provider”, “we,” “us,” or “our”) oversees this website, https://takeaction.kydemocrats.app/ (the “Site”) and related services (collectively, our “Services”). We have developed this Acceptable Use Policy to govern all users (“Customer,” “user(s),” “you,” or “your”) and your use of the Site and Services.
BY USING THIS SITE OR ANY SERVICES, YOU DECLARE THAT YOU HAVE READ AND AGREE TO THE TERMS CONTAINED HEREIN AND, MORE SPECIFICALLY, AGREE TO THE FOLLOWING:
** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER NOW. IF YOU DO NOT INTEND ON USING OUR SERVICE WITH THE “RESPONSIBLE USE OF SERVICE” TERMS, AS DESCRIBED HEREIN, DO NOT UTILIZE SERVICES PROVIDED BY THIS WEBSITE **
SECTION A. TERMS AND LIABILITY:
- We will not be liable for any failure of performance due to causes beyond our control, including, but not limited to, acts of God, fires, floods, or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages, or other labor difficulties; and any law, order, regulation, or other action of any governing authority or agency thereof.
- IN NO EVENT WILL WE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT BETWEEN SERVICE PROVIDER AND CUSTOMER.
- We will be indemnified, defended, and held harmless by Customer against all claims of loss or damage arising from the use of the Site or Services furnished by us to you including: (i) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright or other intellectual property rights of a third party arising out of the material, data, information, or other content transmitted via the our Site or Services; (ii) any breach by Customer of the terms and conditions contained herein, and (ii) all other allegations and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Site or Services.
- THE SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES OR SITE, AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. THE SERVICE PROVIDER DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON SERVICE PROVIDER’S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY THE SERVICE PROVIDER.
- We will not be liable for any act or omission of any other company or companies furnishing a portion of the Site or Services, or from any act or omission of a third party, including those vendors participating in our offerings made to Customer, or for damages associated with the Site or Services, or equipment that we do not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with our Site or Services.
- We may release Customer’s IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.
- I AGREE AND CONFIRM THAT THE NUMBERS SELECTED FOR UPLOAD FOR THIS CAMPAIGN HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS, AND HEREBY ACCEPT FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OR TEXTING OF THESE NUMBERS.
SECTION B. RESPONSIBLE USE OF SERVICE:
The following information is provided in an effort to promote responsible use of the our Site and Services.
Our Site and Services place the ability to launch an entire telemarketing campaign in the hands of you, the subscriber. We respect your privacy. We will not monitor your audio messages, text messages, read, or share database upload information with any third party without your express permission unless we believe in good faith that such action is necessary to either comply with the law or properly enforce our Terms of Service agreement. Since it is you, the subscriber, who creates the audio announcement, text message, provides the calling list, and most importantly, launches your own calling or texting campaign, we feel it necessary to provide you, the subscriber, with the following information in an effort to ensure that all our your calling and texting campaigns are conducted responsibly.
IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
Customer agrees that:
- Prior to using our services, Customer will make sure that Customer is familiar with any Federal or State Laws that would be applicable to Customer’s call and/or text campaign.
- This campaign will be respectful of proper calling time restrictions that would be applicable to Customer’s specific call and/or texting campaign.
- Customer agrees that, in the event a recipient makes a request to be taken off Customer’s call and/or text list, Customer will do so immediately and indefinitely.
- Customer understands that allowing those on Customer’s calling and texting list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible campaigns.
- Customer will follow Federal and State calling time rules and or restrictions.
- Customer will clearly state the identity of the caller at the beginning of Customer’s audio message and provide proper contact information such as phone number and address during call.
- Customer will avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business.
- Customer understands that it is unlawful to send audio messages to any emergency phone lines. For example, nine-one-one (911) numbers, hospital medical service lines, physicians, health care facilities, poison control centers, or fire or law enforcement agencies.
- Customer will avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtained from the recipient.
- Customer will avoid sending pre-recorded sales messages to those with whom Customer does not have a business relationship with and to whom Customer hasn’t received permission to call.
- Customer understands and has read the our Terms of Service (Reachable by clicking the “Terms of Service” link at the bottom of the main page.)
ANY BREACH OF THE PREVIOUS TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. WE MAKE AVAILABLE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.
The Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC) do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls and text messages. Customer shall comply with all applicable laws and regulations, including those mentioned above, at all times with regard to Customer’s calling and/or texting campaigns and Customer’s use of this Site and the Services.
This information provided is not intended to replace the responsibility of you, the subscriber, to check out the legal requirements pertaining to your call and text campaign prior to using our services. You are ultimately responsible to make your own informed decisions regarding your call and texting campaign.
** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING US WITH THE “RESPONSIBLE USE OF SERVICE” TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY WEBSITE. **.
- Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing and texting.
- Customer agrees to place *ANY* individual requesting DNC status, on Customer’s accounts DNC list, immediately.
- Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
- Customer agrees to provide Customer’s own sound files for all outbound campaigns.
- 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 not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
- Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
- Customer agrees to use DNC / opt-out features made available to you via our service.
- Customer agrees to consult with an attorney before dialing and texting any data for which customer is unfamiliar, or if legalities of dialing and texting remain unclear to Customer.