Terms of Service
The following sets forth the terms of use (also known as the .Terms.) for this Web site, which is operated by Skyy Consulting Inc. (or .Skyy.) and located at http://www.callfire.com, as well as for the hosted telemarketing service operated via the Site (the .Service.), and supersedes any previous statement of such policies. Throughout these Terms, the word .Site. is used to refer to this Web site. By using the Site, Rebranded or White Label versions of the Site, or the Site Services, you are consenting to these Terms. Skyy may modify, alter or update these Terms at any time without prior notice, and your subsequent use of the Site shall constitute your consent to the modification, alteration or update.
Permitted Use of the Site and Service; Content
This Site is provided as on an .as is. basis by Skyy for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Service are the sole property of Skyy. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service and the Content provided by Skyy (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about Skyy.s business and products, purchasing and utilizing the Service, communicating with Skyy, entering prize promotions offered by Skyy, or otherwise as stated on the Site.
Skyy hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content.s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Skyy. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of Skyy and/or its licensors, each of whom reserves all rights with regard to such materials.
Skyy may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Skyy reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Skyy shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant Skyy a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Skyy via the Site (which is referred to in these Terms as "User Content"), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Skyy that you have all rights, title and interests necessary to provide such User Content to Skyy, and that your provision of the User Content to Skyy shall not infringe any third party.s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Disclaimers
Skyy makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. Skyy makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. Skyy reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while Skyy utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.
IN NO EVENT SHALL SKYY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF SKYY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL SKYY.S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO SKYY HEREUNDER.
Skyy may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Skyy of such sites or an affiliation between Skyy and the owners of such sites, nor shall Skyy be liable for the contents of such sites. Skyy will also not be liable for any errors in such links, or for any malfunction of such links.
Auto-newsletter Email Opt-In
By using the Site and Service any email addresses submitted for a new account for use of the Service are automatically added to the CallFire newsletter. Any agent email address submitted to CallFire's agent-login screen for use of the Service are automatically added to the CallFire newsletter. To permanently unsubscribe to any CallFire newsletter please visit: http://mailman.callfire.com/?p=unsubscribe or email support@callfire.com
Payments
Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. Skyy will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by Skyy, you agree that you will pay them when due.
Skyy shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
Payments to Skyy may be prepaid via Credit Card or Wire transfer. Funds added to your account are converted to prepaid minutes and are added to your account balance. All prepaid minutes shall have an expiration date linked to the date of purchase (or most recent date of account recharge), at which point it shall expire automatically. All minutes will expire 12 months after the aforementioned date. Any unused value shall be forfeited upon expiration. All prices, per-minute rates, and billing increments are subject to change at any time due to fluxuations in market conditions.
As between you and Skyy, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.support@callfire.com
Test Calls
Standard charges apply to any test call sent originating from your account or initiated using your API key.
User Warranties; Indemnification
By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to Skyy that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
By using this Site and the Service, you agree to indemnify and hold harmless Skyy, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to Skyy.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Los Angeles, California.
Responsible Use
Customer agrees to familiarize him or herself with the legalities of any campaigns run through the CallFire system, by visiting the following websites:
a) Federal Trade Commission, LINK: http://www.ftc.gov
b) Federal Communications Commission, LINK: http://www.fcc.gov
c) 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 legal contact information in any outbound campaign within the initial greeting message.
Customer agrees to provide own sound files for all outbound campaigns.
Customer agrees to provides 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 CallFire.
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.
Other Provisions
Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the CallFire system . Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by Skyy and fines may be assessed to recover excess charges from Skyy VoIP termination companies.
In the event of accidental underbilling in favor of Customer, a non-payment by customer under the terms of this Agreement, Skyy shall be entitled to immediately proceed with collection remedies and shall be entitled to recover all reasonable costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorney fees, or any other costs, fees, and expenses reasonably incurred in the pursuit of collection on all Customer accounts and receivables due and payable under the terms of this Agreement.
Customer acknowledges and agrees to be held liable for any and all damages caused to Skyy by Customer, its officers, agents and/or employees, as a direct result of a violation in State, Federal, and tariff regulations. Damages include but are not limited to those damages that may arise from Customer’s fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Skyy to Customer.
The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to Skyy in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.
