Last Updated October 10, 2011.
PLEASE CAREFULLY READ ALL THE TERMS AND CONDITIONS BELOW BEFORE YOU ORDER SERVICES, LISTS OR LEADS. ALL PURCHASES ARE NON-REFUNDABLE. COMPLIANCE WITH THESE TERMS AND CONDITIONS IS REQUIRED OF EACH GROUPCALLER USER. IF YOU ARE NOT OF LEGAL AGE TO ENTER INTO THIS CONTRACT, IF YOU ARE NOT WILLING TO BE BOUND BY THER TERMS HEREIN, OR IF YOU ARE OTHERWISE UNABLE TO BE A PARTY TO THIS AGREEMENT, YOU SHOULD PROMPTLY EXIT FROM OUR WEBSITE WITHOUT MAKING A PURCHASE. WE RESERVE THE RIGHT TO REFUSE SERVICES TO ANYONE IN OUR SOLE AND ABOLUTE DISCRETION.
THIS AGREEMENT, by and between ComTech Marketing, LLC dba GlobalTmail (a Utah limited liability company), GlobalTmail, LLC (a Utah limited liability company), and/or GlobalTmail USA, Inc. (a Wyoming corporation) and the GlobalTmail Client who buys any GroupCaller or GlobalTmail service (herafter “User”, “you”, or “Client”), is entered into at the time of purchase of any GroupCaller or GroupCaller related service and is hereby made a part ofall rules, regulations, procedures and policies of GlobalTmail’s Member Agreement, Associate Agreement, Client Agreement and all other Policies and Procedures of the company.
Voice broadcast is a specialty service of GlobalTmail. We can deliver pre-recorded messages to telephones in the following two categories:
- Specialty groups who subscribe and request messages from you, or
- FTC-compliant lists from FTC-compliant Clients.
Laws have been enacted to which we and all our Clients must comply. For more information, please study the official FTC website and the official FCC website. You may also wish to consult a local attorney and/or study your state’s laws and regulations pertaining to your intended use of our services, to ensure your compliance.
GlobalTmail Clients may create as many “Groups” as they wish. A Group is defined as a list of people who have requested that you send messages to them from time to time because they wish to get information from you. People must subscribe to your Group to receive voice messages sent from you to their phone. We call this service “GroupCast.” You may register as many Groups as you wish. Each Group has a name that is unique to it and must be registered through our website. To register a Group, log into your account, go to the Business Center and select Manage Catalog, then right click on “Home”. You will see a drop down list called “Add Item” and from there you will select “Groups”. This will first search to see if your desired Group Name is available. From there, you’ll be able to register that name for $4.95 per month (first month is free).
You can send your GroupCast message to these groups as often as you like. The GroupCast rate table is below. To pay for your GroupCast messages, either add money to your account or purchase a block of messages through the company store. Your account balance will be reduced by the number of messages you send based on the official rate tables. You may send announcements, announcements with an IVR response (recorded message response) or set up a survey with key-press responses. We do not leave messages on answering machines as of the date of this writing.
Voice broadcast to your Groups is exempt from all state and federal regulations because we have a specific written agreement with each recipient. The best and safest method to do voice broadcast is within our GroupCast system.
FTC-COMPLIANT VOICE BROADCAST LISTS & CALLS
On September 1, 2009, the FTC amended the regulations pertaining to the delivery of pre-recorded messages to the telephones of consumers. In general, this acted as a ban on the delivery of pre-recorded voice messages of a commercial nature. Messages from approved charitable organizations and political parties are exempt from this rule and may deliver messages to all phone numbers. However, the charitable organizations and political messages delivered must comply with certain provisions of the regulation as well, including the requirement to provide an automated opt-out option that places the called party’s phone number on that organization’s internal Do Not Call list, and the requirement to provide a toll-free number with an automated opt-out mechanism whenever a recorded message is left on an answering device or voicemail of the called party.
We provide business to business (B2B) lists for our Clients. Calls to business phone numbers are largely exempt from the FTC rules but not in all states or jurisdictions. It is the Client’s responsibility to know and comply with their state’s regulations pursuant to calls made on their behalf through our system.
We also provide opt-in consumer lists under which the person providing the phone number has entered into a written agreement to accept pre-recorded messages in compliance with the FTC rules. These lists may be purchased from the company.
Calls made for non-commercial purposes such as announcements, emergency notices, appointment reminders, collection calls, airline schedules, surveys and calls of a non-commercial nature may be made.
DNC (Do Not Call) COMPLIANCE
You must register with the FTC and obtain your own SAN (Subscriber Account Number) to make non-GroupCast voice broadcast calls. We can provide the registration service for you at no cost other than the required governmental fees to subscribe to the DNC lists for the area codes you wish to call. We will advise you of these fees and you must pay them by adding funds to your account with GlobalTmail. Many states have their own regulations with regard to DNC lists that are specific to their state. It is your responsibility to check with your own state government and ensure your compliance with those regulations. We will scrub all voice broadcast lists to remove any numbers on the DNC list prior to starting any dialing campaign at no additional charge.
B2B lists are provided without additional charge unless we select specific SIC codes or make other demographic selections such as number of employees, annual volume and specific geographical selections in addition to state selections. When buying an opt-in list, you must purchase a minimum of 1,000,000 phone numbers through the company store. Lists that are not available through the company store are sold on a case-by-case quote basis, and are paid by adding funds to your account.
VOICE BROADCAST RULES AND REGULATIONS
GlobalTmail may set numerical limits to the amount of transactions a Client may send through our services. The Client agrees to abide by all applicable local, state, federal, national and international laws and regulations and is solely responsible for all acts or omissions that occur under the Client’s account, including the content of user’s transmissions. By way of example, and not as a limitation, the Client agrees not to:
- Use GroupCaller in connection with the delivery or transmission of unsolicited messages that would violate FTC rules or State regulations.
- Create a false identity, caller id, or forged email address, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
- Impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
- Use GlobalTmail to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent or libelous, nor use GroupCaller for any activity that may be considered or are unethical, immoral, or illegal.
- Transmit through GroupCaller unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
- Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- Violate any U.S. law regarding the transmission of technical data or software exported from the United States through GroupCaller or other GlobalTmail services.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to GroupCaller or GlobalTmail, other accounts, computer systems or networks connected to GroupCaller or GlobalTmail, through password mining or any other means.
- Interfere with another member’s use and enjoyment of our services or another entity’s use and enjoyment of similar services.
- UNLIMITED USE DOES NOT MEAN UNREASONABLE USE. Subscriber may not use GroupCaller services in a manner that may interfere with other GroupCaller customer’s use of our services or disproportionately impact our resources. If we determine, at our sole discretion, that the Client’s use of GroupCaller services is in violation of the Voice Broadcast Terms of Service, or in any other manner that we deem to be unreasonable or excessive, then we may interrupt or terminate the user’s service, decline to renew the user’s service, or offer the user a different service plan. Notwithstanding the foregoing, GlobalTmail reserves the right to deny service or cancel existing service to anyone for any reason at any time, at GlobalTmail’s sole and absolute discretion.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
- The User shall be fully and solely liable for any prerecorded audio and voice transmissions sent through the GroupCaller and fully responsible for compliance with applicable law.
- The User is fully and solely responsible to be aware of, understand, and comply with all of the rules and regulations applicable to the User’s use of GroupCaller including but not limited to Federal Trade Commission rules and regulations, Federal Communication Commission rules and regulations, National Do Not Call Registry rules and regulations and individual state Do Not Call rules and any applicable individual state or local regulations, Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any other federal, state, or local laws that may be applicable to users of GlobalTmail services. The User agrees not to violate these, or any other federal, state, or local law and represents and warrants that the User will not cause GlobalTmail to violate these or other similar laws.
- The User understands that the Federal Trade Commission Telemarketing Sales Rule prohibits the transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions. The Federal Trade Commission Telemarketing Sales Rule provides that calls may be permissible provided calls are placed only to consumers who have provided their prior expressed signed written consent to receive such calls. Use of GroupCaller for the delivery or transmission of pre-recorded phone calls that are part of a plan, program or campaign which is conducted to induce the purchase of goods or services or charitable contributions not in compliance with applicable law is strictly prohibited. Notwithstanding the language contained in this paragraph calls initiated and placed by the Client/User specifically to consumers who have provided the User with their prior expressed signed written consent to receive such calls as provided by the Federal Trade Commission Telemarketing Sales Rule at 16 CFR Part 310 and any amendments thereof shall not be deemed prohibited. The User understands that compliance with federal, state and local law is solely the responsibility of the Subscriber.
- Subscriber understands and agrees that if Subscribers use of any GlobalTmail services includes initiating or receiving telephone calls to or from customers or donors then the User shall comply with all applicable federal, state and local laws including but not limited to laws pertaining to telemarketing.
- The User is fully and solely responsible to be aware of, understand, and comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule at 16 CFR Part 310 and any amendments and any similar laws, the Controlling the Assault of Non-Solicited Pornography and Marketing Act and any other similar laws. Subscriber agrees not to violate these, or any other applicable federal, state, or local anti-solicitation laws, and represents and warrants that its use of GroupCaller will not cause GlobalTmail to violate these or other similar laws.
- The User agrees that it is the sole responsibility of the User to abide by any laws defined by the State or Federal Government in which Services will be applicable. Subscriber understands and agrees that GlobalTmail will not be held responsible for damages to the User or any third party incurred due to User’s failure to abide by state and/or federal laws and will seek indemnification from User for damages it sustains from the User’s breach of this provision. Please refer to the Telephone Consumer Protection Act of 1991, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act. You may visit the Federal Communications Commission website at http://www.fcc.gov and the Federal Trade Commission website at http://www.ftc.gov and or refer to the appropriate State Attorney General’s office or other applicable offices for rules and or regulations pertaining to your intended application and use of GroupCaller.