ACTIVATION AGREEMENT FOR SERVICES
The following terms and conditions apply to all PATLive WebSites and Services that are owned and operated by ATG Technologies, Inc. and its subsidiaries, including HostedNumbers.com, HostedReceptionist.com, BusinessReceptionist.com, TrackEveryAd.com. By subscribing to and utilizing PATLive WebSites andServices, you agree to and are bound by the following Terms and Conditions.
“Service” or “Services” means any and all services provided to you by ATG Technologies, Inc., a Florida corporation doing business as “PATLive.” ATG Technologies, Inc. is here in after referred to as “PATLive,” “we,” “us,” or “our.” “Sites” means any site operated by ATG Technologies, Inc., and any and all of the contents contained there in, including but not limited to text, images, graphics, videos, data, messages, logos, or any other similar content.
RIGHT TO CHANGE TERMS AND CONDITIONS
You agree that PATLive may change these Terms and Conditions, or its rates, for any or all portions of the Services at any time. You agree that PATLive may provide notice of such changes by posting the changes on the PATLive web site, or by e-mail or conventional mail to the address currently on file for your account. By continuing to use the Services, you agree to be bound by the modified Terms and Conditions of the Services.
BILLING AND PAYMENT
All PATLivetransactions are based andcalculated onthe U.S. Dollar and you agreeto pay PATLivefor all rates andcharges. Charges will begin accruing onthe date PATLive receives your written, verbal or online application. A subscription to the Service may require a credit card number or voidedcheck for billing, depending onyour program. By providingyourcredit card information or voidedcheck, you grant PATLive authorizationtosubmit chargestothat credit card number or to debit your bank account for your use of theService each month.
The ratesfor aService period are charged in advance of the upcoming period of service. All usage charges based on “per minute” rates will be billed in arrears based on actual usage. Any other applicable charges (such as setupfee, surcharges, taxes, etc.) will also be billedto you. You acknowledgethat the amount charged by PATLive may vary based onyour usage of theService. All invoices are due upon receipt. Anycharges left unpaidfor 30 days will besubject to a monthly servicefee of the lesser of 1.5% of the outstanding balance, orthe maximum legally allowable interest rate. If charges appliedto our credit card or bank account are rejected, PATLive reserves the right to assess a processingfee.
If you placeyour account “on hold” or “on vacation,”some charges may besuspended. However, you acknowledgethat you are responsiblefor any usage chargesthat may have accrued before that time, as well asthe current month’sservicefee and all servicefees debitedtoyour account whiletheservice is “on hold” or “onvacation.”Please contact PATLivecustomerservicefor specific information regardingyour service plan.
You understandthat failureto paycharges as required will result inthe disruption of your Service andyour account beingturned overto an outsidecollection agency. You agreeto pay account balance, latefees and collectioncharges if PATLive placesyour account with an outside collections agency.
You grant permissionto PATLiveto checkyour credit history and rating, andto refuseyouservice or suspendyour account at any time based on our evaluation of your creditworthiness. PATLive will establish acredit limit foryour account. If thetotal charges on your account exceed yourcredit limit at anytime, your method of payment will be charged.
You will have accessto a billingstatement for each monththat you incurServicecharges. Unless you notify PATLive in writing of any dispute regardingyourstatement withinforty-five (45) days (orsuch longer period as may be required by law, if any) afterthe datethestatement was made availabletoyou, the charges onthe statement will be deemedto be accepted by youfor all purposes, including resolution of any inquiries made by your credit card issuer, if applicable.
RIGHT TO MONITOR AND RECORD ALL CALLS
As a qualitycontrol measure and in pursuit of continuous improvement, PATLive maintainsthe right to record and/or monitor all calls received and made byyour account. These recordings may be usedfortraining, quality control, continuous improvement practices or as otherwise deemed necessary by PATLive. You agreethat calls madeto or by your PATLiveService may be monitored and/or recorded.
CALL RECORDING FEATURE
Whenthecall recordingfeature is enabled, a message informing all parties that thecall is being recorded will be enabled by default. All parties must be notified when a phonecall is recorded. By disablingthe automatic ‘Thiscall may be recorded’ message, you agreeto notify each caller and calleethat thecall is being recorded.
LOCAL PHONE NUMBER
PATLive defines a local phone number as a numberthat has local calling privileges to andfrom the requested area. Inthe event that a customer requests PATLiveto provision phone numbers in a requested area, it is the customer’s responsibilityto provide PATLive with an accurate list of Rate Centers. If the customer provides PATLive a list of cities but not Rate Centers, PATLive will in goodfaith explore various avenues to determine what rate center is a local phone numbertothe requested city.
PATLive’s reputation depends on providing a high level of customer service when answeringthe telephones. In orderto maintainthis high level of service, we needtoknow about any expected periods if unusually highcall volume. If you plantoconduct anytelevision or radiocampaigns that direct the audienceto call your PATLiveService, you are requiredto obtain advanceconsent.
YourService may be canceled with written notice by either party at any time, with or without cause. PATLive maysuspend, interrupt, orcancel your service, without notice, for non-payment, or if PATLive reasonably suspects it will not receive payment, orfor any violation by you of these Terms and Conditions.
AfteryourService iscancelledfor any reason, you agreethat PATLive is authorizedto invoiceyou for any outstanding balance and you agreeto pay it. PATLive will not refund a prorated portion of monthly servicefees inthe event that youcancelService part way throughyour billingcycle. Subsequent reinstatements of Service after cancellation are subject to aService reinstatement fee.
OWNERSHIP OF NUMBERS
You understand that all PATLive numbers, whethertoll or toll-free, are rented from PATLive. If you wish to transfer (port)the numbers to another service provider, processing fees will apply. These fees may be discounted for long-term customers in good standing.
COMPLIANCE AND COOPERATION
PATLive requires itsServicesto be used lawfully and in compliance with all regulations and governing bodies. You agreethat your accessto and your use of yourService account is subject to all applicablefederal, state and local laws and regulations.
PATLive willcooperate withfederal, state and local authorities and with injuredthird parties when askedfor information about an account or atelephone number or duringthe investigation of any suspected crime orcivil wrong attempted or perpetrated by using, or attemptingto use, theService. You understandthat PATLive will examine any and all portions of yourServiceto cooperate with such requests andyou hereby consent to such examination. You also understand that PATLive will providethecontact informationfor your account to any federal, state or local authority who makes a reasonable written request for such information or if necessary toclear up PATLive’s involvement in a regulated activity associated withyourService. You grant consent to PATLiveto providethis information.
PATLive reserves the right to identify and restrict the same or substantially similar electronic mail and/orfax messages, whether or not commercial, to a large number of recipients (sometimes known asspamming). Because PATLive has no practical abilityto restrict all communication, conduct, orcontent which might violatethese Terms and Conditions priorto its transmission on PATLive’s systems, and because PATLive cannot ensure prompt removal of any such communications orcontent aftertransmission or posting, PATLive does not assume liability for you or others for any failureto enforcetheterms of these Terms and Conditions.
FRAUDULENT AND ABUSIVE USE OF THE SERVICES
PATLive helps protect you against fraudulent use of yourServices with private user names and passwords, credit card verification upon sign up, and daily and monthly usage limits. You are responsiblefor controlling access to and maintainingthesecurity of your user name and password. Youshall notify PATLive of any user names and passwords which are lost, stolen, or suspected of being usedfraudulently by contacting PATLive customerservice. You agree you are liablefor allcharges incurred priorto and withinthirty (30) minutes afteryou request PATLive customerserviceto deactivate your user names and passwords. You agreeto not engage in or assist others infraudulent or abusive use of theServices.
INDEMNIFICATION AND RELEASE
You agreeto indemnify and hold harmless PATLive and its directors, officers, affiliates, employees, agents, suppliers, subcontractors, and vendorsfrom any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys’fees and othercosts and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever, sustained, incurred or requiredto be paid by PATLive by reason of or arising out of, directly or indirectly, your use of theServices, orthe use of yourService account by another (whether or not authorized by you), including without limitation, anyclaim of libel, defamation, violation of rights of privacy or publicity. PATLive reserves the right to assumethe exclusive defense andcontrol of any such claim subject to indemnification, but, notwithstanding PATLive’scontrol of the defense of suchclaim, you will remain obligated underthis indemnity.
You acknowledge and agreethat PATLive has not made, and does not make, any warranty or guarantee with respect totheService, whether express or implied, andthat theService is offered to you “AS IS” and “AS AVAILABLE.”Without limitation of theforegoing, PATLive makes no warrantythat theService (i) is merchantable, (ii) isfit for a particular purpose, (iii) is or will operate “error-free”, or (iv) is non-infringing of the rights of any third party. You acknowledge and agree that PATLive cannot and does not guarantee (i)that theService will be available at alltimes, (ii) that voice mail, fax mail or e-mail messages or otherservices will be delivered or received within a particular time, or will betransmitted accurately, (iii)that voice mail, fax mail or e-mail messages will be storedfor any particulartime, or (iv)that each and every country will be accessiblethrough its access numbers. You acknowledge and agreethat PATLive cannot and does not guarantee (i) the successful connection of phone callsthat terminate at a service provided by an individual or entity otherthan PATLive, or (ii)the successful delivery of faxes to fax machines or othersystems provided by an individual or entity otherthan PATLive. You acknowledge and agree (i)that PATLive cannot and does not guarantee, and assumes no liabilityfor, thesecurity orconfidentiality of datat ransmitted to or from the Service, (ii)that nocomputer system is immune from intrusion, (iii)that datatransmittesto orfromtheService may passthrough many computersystems, and (iv) even encrypted data is only as secure asthe encryption method usedto protect it and may not offercompletesecurity.
LIMITATION OF LIABILITY
You agreethat PATLive will not be liable or responsiblefor any direct, indirect, incidental, punitive, consequential, or special damages, losses, lost profits, obligations, liabilities, claims and expenses (including reasonable attorneys’fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever (whether based incontract, tort, strict liability or otherwise), sustained or incurred by you as a result of your use of theservice orthe use of yourservice account by another (whether or not authorized byyou), includingthe loss, delay or inaccuracy of any voice mail, e-mail or other message orservice, any loss of confidentiality of any voice mail, e-mail or other message intendedto be confidential, or as a result of any suspension, interruption orcancellation of service (even if PATLive has been advised of the possibility of such damages). In no event willthe aggregate liability of PATLivefor any and allclaims (whether based in contract, tort, strict liability or otherwise), exceedthe amount paid by youto PATLiveforservice rendered inthe most recent billing period.
It is your responsibility totest your system before any advertising is runto ensurethesystem is functioning properly andcan be accessedfromyour area. PATLive bears no responsibility for reimbursement of advertising costs dueto afailuretotest the system by thesubscriber, priorto advertising.
PATLive is not responsiblefor damagesthat result from phone numbers, services, or messages that are unavailable at thetime of request.
The trademarks, logos andservice marks displayed onService materials or anyService web sites arethe property of PATLive, its affiliates and other parties. You agreethat you may not use any suchtrademark, logo or service mark without the written permission of PATLive orsuchthird party, which may ownthem.
You agree that theService, and all programs, services, processes, technologies, designs, inventions, materials andsoftware used by PATLivefor or in connection withtheService are owned by and/or are proprietary to PATLive, and you agree not to duplicate, or attempt to duplicate, suchService, or provide any similar service, in whole or in part, directly or indirectly, alone or incooperation with others; ortotranslate, reverse engineer, disassemble or de-compile anysoftware used or owned by PATLivefor or in connection withtheServices.
ARBITRATION ANDGOVERNING LAW
Any dispute arising out of or relatedtothese Terms and Conditions orthe use of theService by you (or by another person using yourService account, with or without your permission)shall be submitted exclusivelyto binding arbitration beforethe American Arbitration Association in Tallahassee, Florida. You agreethat all arbitration proceedings shall be before one arbitrator in Tallahassee, Florida andyou waive any objectionsthat might otherwise be available based on impropervenue orforum non-conveniens. Discovery appropriatetothe dispute betweenthe parties andthe desire of the partiesfor a prompt and efficient resolution of the dispute will be permitted. The arbitrator will be bound by these Terms and Conditions and applicable law, andthe decision of the arbitrator will be binding on PATLive and you. The arbitrator will havethe power to awardcosts and expenses (including attorneys’fees)tothe prevailing party. The arbitrator’s decision may be enforced in any court of competent jurisdiction. These Terms and Conditions shall be governed by the laws of Florida applicableto agreements entered into and performed wholly in Florida.
ACCEPTANCE OF PRIVACYPOLICY
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