Last updated: March 14, 2016.

Subscriber Agreement

Please review these terms and conditions carefully. It constitutes a legal agreement between you ('Customer', 'you', 'your') and Teamtranet Systems ('Provider'). By purchasing or using products or services ('Services') from Provider, you agree to be bound by all of the terms and conditions ('Terms') set forth below.

You agree that the purchase of the Services is not contingent upon the delivery of any future functionality or features, whether communicated orally or written by Provider.

Modifications

From time to time, Provider may modify this Agreement. All such changes become effective upon posting. Your use of the Services after such posting will be subject to the modified terms and conditions.

Your Account

You agree to provide complete and accurate information about yourself. You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities that occur under your username and password. You agree to notify Provider of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password.

Termination

Provider reserves the right to change the Services, and to block or terminate access to or use of the Services, including through usernames and passwords, at any time for any reason and without notice.

If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you. Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Provider shall have no obligation to you after any termination or cancellation of these Terms.

You are free to terminate or cancel your use of the Services at any time, and for any reason. Notwithstanding the foregoing, unless due to a breach solely by Provider that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Provider be obligated to refund to you the reasonable value of any unused credits previously purchased by you.

Your Data

During the course of providing the Services, Provider stores personal and business information about your contacts and accounts. Provider will not own any data or material that you submit in the course of providing the Service. You are solely responsible for the accuracy, legality, and reliability of all your data as well as maintaining, securing and storing all data in accordance with applicable law. Provider will not be liable for the deletion, modification, damage or loss of any customer data.

Text Messaging

The Telephone Consumer Protection Act ('TCPA'), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and SMS or MMS messages. Provider is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the Services. You are ultimately responsible to make your own informed decisions regarding your messages.

Customer accepts that the Services are provided for professional use only. You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that Provider is, under no circumstances, responsible for the contents and/or accuracy of your messages and Provider will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You are solely responsible for providing the content of all messages initiated by you through the Services. Provider will not be liable for any misuse of the Services by you. Provider is not responsible for the views and opinions contained in any of your messages or broadcasts.

You represent and warrant that the owners of the phone numbers you initiate messages to through the Services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages.

Customer agrees to the following:

• To familiarize himself or herself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the Services by visiting the website of the Federal Trade Commission (http://www.ftc.gov), Federal Communications Commission (http://www.fcc.gov) and the DoNotCall Registry Info (http://www.donotcall.gov).
• To place any individual requesting DNC status, on Customer's DNC list, immediately, and to not initiate any subsequent messages to any individuals after they request DNC status.
• To provide legal contact information in any outbound campaign within the initial greeting message.
• To schedule messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations.
• To consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.

Customer agrees that use of the Services shall not include:

• Sending spam or unsolicited marketing messages.
• Harvesting, or otherwise collecting information about others, without their consent.
• Sending any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
• Sending any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
• Misleading others as to the identity of the sender of your messages.
• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind.
• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks and copyrights.
• Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful programs.

Customer acknowledges and agrees to be held liable for any and all damages caused to Provider 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 Provider to Customer.

Bulk Email

Provider has a no tolerance spam policy. Provider may provide Services in support of permission-based emails. If you send unsolicited email messages your account may be immediately terminated. By using the Service, you agree to send only permission-based emails. This means that all email recipients must have opted-in to receive emails from you. Opting in can occur via a website sign-up form or a physical sign-up form. Any opt-in form should clearly describe what type of emails will be sent and how often. Provider will review and monitor list imports, email messages, and opt-in forms. All bulk messages are subject to Provider's approval prior to emailing. A record of all messages and activity is saved.

Customer agrees not to:

• Email someone who has opted out of your list
• Add an email address to your list without the subscriber's permission
• Send emails unrelated to the description on your sign-up form.
• Harvest emails from websites
• Purchase lists for use in the Services
• Remove the mandatory opt-out link at the bottom of each email message or modify the footer area in any way.
• Provide, sell or transfer subscribers to any other list.

If you have received an unsolicited email from a sender using the Services and no longer wish to receive emails from the sender, you may unsubscribe by clicking on the link at the bottom of the email. Please report any suspected abuse to Provider.

User Submissions.

You are prohibited from posting or transmitting through this service any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Fees and Payment

In consideration for the Services, you agree to pay applicable monthly subscriptions and other fees. Past due payments may be subject, at Provider's sole discretion, to a 1.5% late fee (or the maximum rate permitted by law) of the amount due, for each month overdue. If payment is not received when due, Provider may, at its sole discretion, terminate or suspend the Services. In the event collection expenses are incurred by Provider, Customer shall be responsible for and agrees to pay the costs, including, but not limited to court and attorneys' fees.

You are responsible to pay for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As Provider is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.

Provider cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in Washington and is subject to any applicable Washington taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by Provider, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed.

Credits

Calls are made by purchasing and using credits. When you submit a message or broadcast an associated quantity of credits will be debited from your account. Credits purchased as a part of a package or monthly plan, including any additional credits purchased during your monthly billing cycle as part of an upgrade to your plan, and not used within the month of purchase, expire at the end of the month, unless the plan explicitly provides for roll-over of credits. Credits are purchased on a first-bought, first-to-expire basis. Additionally, the value of credits may change over time as the cost of transmission changes, and thus you acknowledge that the number of credits needed to utilize the Services may change correspondingly. Credits are nonrefundable and not redeemable for any sum of money. Any unused value shall be forfeited upon expiration.

Disclaimer

THE SERVICES ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Limitation of Liability

Provider reserves the right to modify, suspend, or discontinue the offering of any of the Services at any time for any reason without prior notice.

IN NO EVENT WILL PROVIDER, ITS SUPPLIERS, ITS LICENSORS, OR OTHER THIRD PARTIES In ASSOCIATION WITH THIS SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Force Majeure

Provider shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Provider. In addition, Provider shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.

Applicable Laws

The Services are administered by Provider from its offices in the state of Washington, United States of America. The export and re-export of the materials or information from the Services ('Materials') are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license, and that you are responsible for compliance with applicable local laws. Access to the Materials from territories where their contents are illegal is prohibited. These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws.