CallOnTheGo shall provide some or all of the following services, depending on services availability, and the service contract purchased: account management platform; e-mail messaging, including bounce reports, subscriber reports, campaign reports and others; voice messaging and call campaign (voice call), including Intelligent Answering and Filtering and detailed reports; text messaging to domestic customers, including 2-way premium campaigns (e.g., for contests or polls) and results reports; fax messaging with detailed delivery reports; other services as may be/become available; and reasonable technical and administrative support (collectively, “Service” or “Services”).

You acknowledge that CallOnTheGo possesses valuable trade secrets and agrees to maintain the confidentiality of CallOnTheGo’s proprietary materials. CallOnTheGo agrees to maintain as confidential your e-mail, phone, fax, physical mailing addresses, instant message handles and pager list(s). CallOnTheGo agrees not to compile, buy, sell, rent, rent or trade your e-mail, phone, fax, physical mailing addresses, instant message handles or pager list(s), or send unauthorized emails, instant messages, wireless text messages (SMS), direct mail, voice messages or faxes to any individual or entity on your list(s). CallOnTheGo further agrees not to use your customer list(s) or any other customer information for any other purposes than those intended with the Service. Your customer information shall not be shared with any other third parties unless required by law.CallOnTheGo will provide you with reasonable advance notice prior to disclosing confidential information on this basis and agrees to stipulate to any orders necessary to protect said information from public disclosure.

CallOnTheGo maintains a Global Permanent Removal List which contains addresses and domains which it will not allow any customer to add to a database. You understand and agree that CallOnTheGo has full discretion to block the uploading of any e-mail address which it has placed on such a list, and will not be liable for the blocking of any such address from any customer database.

You are responsible for ensuring that your campaigns do not generate a number of abuse complaints in excess of industry standards. An excessive number of such complaints may result in the termination of your account. CallOnTheGo, in conjunction with you, shall mutually determine whether your level of abuse complaints is within industry norms. In the event that your use of CallOnTheGo’s Services results in you being listed on SpamCop or any other anti-spam organization, CallOnTheGo reserves the right to require that you utilize a “double opt in” feature which will require newly added users to verify their assent to receiving your communications after they have been added to your database(s).

You understand that this Agreement is effective from the date you create an account with CallOnTheGo and shall continue until the contract is complete or the account is terminated either by you or by TextHub. CallOnTheGo MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON TERMINATION OF THIS LICENSE. YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. CallOnTheGo may terminate this Agreement immediately if: i) you fail to comply with the terms of this Agreement; ii) your account is dormant for a period of 60 consecutive days; iii) the CallOnTheGo Service is discontinued; or iv) you have an overdue balance for any Services or products purchased on or through www.CallOnTheGo.com. If CallOnTheGo terminates your account, you must immediately stop using TextHub and associated documentation, including sample documents provided within CallOnTheGo, and all copies you made of them.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CallOnTheGo’S SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CallOnTheGo DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CallOnTheGo DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS PLATFORM WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT CallOnTheGo WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN CallOnTheGo’S PLATFORM WILL BE CORRECTED, OR THAT CallOnTheGo’S PLATFORM IS COMPATIBLE WITH ANY OTHER PARTICULAR PLATFORM.

Short codes, telephone numbers, and other text message identifiers originate from our vendors, the North American Numbering Plan, and other institutions who are not under our control, and accordingly, while we use reasonable efforts, we cannot promise that you will be able to maintain or keep any specific text message short code, originating mobile number, or other specific message origination or destination code, address, or identifier (each of the foregoing, a “Code”) that we provide you, and we may not support Code portability. As between you and CallOnTheGo, we own all Codes which we provide as part of the Service, and reserve the right to reallocate them at our discretion when required or for other reasonable purposes. You acknowledge that if the CallOnTheGo services are suspended or terminated due to your non-payment or breach of this Agreement, you may not be able to obtain the same Codes or other account identifiers should you reactivate such services. YOU AGREE THAT WE HAVE NO LIABILITY FROM OR ARISING OUT OF ANY CODES WE PROVIDE, ANY REALLOCATION OR LOSS OF THE SAME, OR ANY DAMAGE OR LOSS YOU MAY SUFFER AS A RESULT, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, AND LOSS OF PROFITS OR BUSINESS ADVANTAGE, REGARDLESS OF THEORY, WHETHER TORT, CONTRACT, PROPERTY, RELIANCE, OR OTHERWISE.

You (the “Indemnitor”), at your own expense, shall indemnify, defend and hold harmless CallOnTheGo, its affiliates and their employees, representatives, agents and affiliates (the Indemnitee”), against any claim, suit, action, or other proceeding brought against the Indemnitee or any affiliate based on or arising from your use of the Services, including but not limited to a claim that any action violates any of the restrictions or terms and conditions, such as violation of the Privacy Policy or using CallOnTheGo platforms to send Spam, as set forth in this Agreement, infringes in any manner any intellectual property right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person’s right of publicity, privacy or personality or has otherwise resulted in any tort, injury, damage or harm to any person; provided, however, that in any such case: (i) the Indemnitees provides the Indemnitor with prompt notice of any such claim; (ii) the Indemnitee permits the Indemnitor to assume and control the defense of such action, with counsel chosen by Indemnitor (who shall be reasonably acceptable to the Indemnitee); and (iii) Indemnitor does not enter into any settlement or compromise of any such claim without the Indemnitee’s prior written consent, which consent shall not be unreasonably withheld. The Indemnitor agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Indemnitee or any affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that CallOnTheGo does not intend and will not be required to edit or review for accuracy or appropriateness any content or material that client or its organization distributes using the your platforms, networks or databases.