Terms Of Service
By signing up and/or continuing to use our service, you agree to be bound by this agreement:
Prosperity Marketing LLC (here-in after "Provider") is the website owner of ProDialer.net and provides the use of a predictive dialing service using the internet and telephone services/equipment. Use of our service is "as is" and is provided "as available". Use of our system is provided at your own risk. Customers agree and understand that Provider provides a marketing system that can be abused by end users. Customers are fully responsible for researching, understanding and complying with all federal and/or state/local do not call or other phone marketing regulations. Provider cannot interfere with how customers ultimately use their account, or give them advice on how to comply with such regulations. Be sure to do your own research and work with legal counsel if needed, in order to maintain regulatory compliance while using Provider's broadcasting services. Customer agrees not to hold Provider responsible for customer's failure to research, understand or comply with any legal regulations or requirements in regards to using our phone marketing system. The regulatory information or links we supply below is by way of example and not meant to be legal advice for end users. Not all of the federal/state/local regulations are mentioned here. Provider expects end users to have knowledge of and to be in compliance with regulatory rules prior to making any live prospect calls.
Customer agrees not to utilize our service in a manner which results in violation of any law, rule or regulation. Customer also bears full responsibility for compliance with all state and federal laws regarding use of our services and the content of their communications.
Customer certifies that prior to making any live calls, that they will be in compliance with 47 U.S.C. § 227 or certifies exemption from its requirements. Customer acknowledges that Provider and it's contracted supplier(s) are considered a common carrier as defined in 47 U.S.C. § 153 hired to distribute messages on behalf of Customer. Customer understands and agrees to abide by the Telemarketing Sales Rules ("TSR") as provided by the Federal Trade Commission ("FTC"). Customer agrees to comply with any other FTC phone marketing regulations.
Customer certifies recorded messages used and Caller ID displayed will comply with all legal requirements. Client ensures compliance with the FTC's identification requirements and agrees to maintain a Do-Not-Call policy as required by law.
Customer certifies to stay in compliance with the Telephone Consumer Protection Act ("TCPA") passed by the Federal Communications Commission ("FCC"). Such regulations might include and are not limited to: calling during certain hours, maintaining an in-house do not call list, maintaining a written policy, honoring requests not to be called again, or rules implented in regards to leaving pre-recorded messages on answering machines, etc, etc.
Customer agrees to stay educated on and agrees to comply with all current or future regulations or laws set by the FTC, FCC or any other state and federal regulating bodies governing the use of the telephone as a marketing method. Even if a federal DNC system or regulations are in place, some states may still have their own to abide by. It is up to end users/customers to know and comply with all federal and state regulations in the state they are calling from and the state they are calling to.
Client also agrees to inform their staff and incoming callers (when recording) that calls may be recorded or monitored for training or compliance purposes.
We do not charge any setup fee, monthly account fee or agent sitting fees. Setup is free (be sure to add pre-paid minutes within 10 days of registering for an account below). You may then purchase a pre-paid minute plan by selecting a Recharge amount from our home page. This is our only charge. If using paypal, be sure to use the same name and email address on your paypal account that you signed up with us so we know whose account to credit with mintues. You are welcome to create more than one campaign account if needed, but minutes must be purchased seperately for each account. Our rates range from 2 to 2.5 cents per minute of use, depending on quantity. Calls are charged by the rounded up minute. Minutes are deducted when an agent is on the phone waiting for callers to answer (1-way connection). When a customer (or answering machine) picks up, minutes would be seperately deducted for their connection. So if you have 2c/min recharge minutes, a 2-way call would actually cost 4c for each minute of actual talk time(2c for your connection per minute and 2c per minute for their connection). This is still much cheaper than competitors or even using your home phone where you are charged more for long distance!
There are no refunds on expired pre-paid minutes. Minutes are considered expired if you cancel your account prior to using them up, or if your campaign account lies dormant for more than 3 months (see Dormant Campaign Accounts in the next section). Minutes are intended to be used within a month, but technically they could never expire as long as you make calls at least once a month. We do this as a courtesy to our users.
Additional minutes can be added to your plan at anytime. Recharge minutes will be added in addition to the minutes you already have in your account (if any).
Campaign Account Cancellation
Provider reserves the right to cancel a campaign account for violation of any term in this agreement (or any law in connection with our service), without refund of any un-used pre-paid minutes. Customer may sign up for a new campaign account below as long as they correct their last violation. Provider may or may not choose to do future business for TOS or legal violations.
If customer chooses to close their campaign account by contacting Support, cancellations take effect immediately and there are no refunds of any remaining pre-paid minutes left at the time of customer cancellation.
Dormant Campaign Accounts: Customer campaigns that are not used (dialing taking place) at least once every 90 days, may risk auto-deletion of their campaign account and any remaining minutes. The system is setup to flag campaigns that are idle for more than 90 days from the last date of dialing use. Provider recommends only purchasing enough minutes that you will use during the next 90 days or to be sure to use the dialing system at least once every month. This is also a good motivator for you to work hard by making calls for your business prior to account or minute expiration! This is better than charging for a subscription plan were all minutes expire in 30 days and do not carryover each month. It also keeps our system clean from dormant accounts and reduces man power spent (which in turn keeps our prices lower for end users) on tracking numerous aged accounts with un-used minutes wondering if the customer will ever come back to use them. If our system auto-removes your campaign for being dormant over 90 days (you will know if you cannot login to your campaign), it only takes two minutes to setup a new account and recharge it.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Any attempts to undermine or cause harm to our service or customer of our representatives is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made. This includes use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s computer software or hardware, communications system, or telecommunications system.
Refusal of Service
Provider reserve the right to refuse, cancel, or suspend service at our sole discretion.
Threats and unlawful conduct
You may not use our service to transmit any communication that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any communication that harasses another Provider or individual may result in immediate termination of your account(s) and loss of calling minutes.
Use of our service to make fraudulent offers to sell or buy products, or services, or to advance any type of financial scam such as “ponzi schemes” is prohibited. Adding, removing or modifying identifying information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person or fake persona by using forged identifying information is prohibited.
Attacks and Exploits
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A customer may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. We will not tolerate any subscriber attempting to access the private accounts of others, or penetrate security measures of other systems.
Provider will cooperate with law enforcement agencies as required by law. We will only disclose client information to a law enforcement agent or official that provides an authentic subpoena or lawful request.
Disclaimer and Indemnification
Use our services at your own risk. Provider is not responsible for any claims resulting from the use of our service. We make no warranties of any kind, expressed or implied for any provided services. This includes any loss of data resulting from delays, non-deliveries, wrong delivery, hardware failure and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service may be interrupted for many reasons. Therefore, client agrees that the Provider shall not be liable for any damages, loss, or injury whatsoever by using our service.
Client agrees to defend, indemnify, and hold Provider (Prosperity Marketing LLC) and it's supplier(s) harmless from any and all demands, liabilities, losses, injury, costs and/or claims, including reasonable attorney’s or court fees asserted against us, our agents, our customers, officers, employees, or sub-contracting providers, that may arise or result from any service provided or performed or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, copyright infringement, or defective products/services, causes our agents, employees or assigns; or viruses or other problems caused by other customers.
Under no circumstances will Provider be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business data, loss of goodwill, work stoppage, loss of pre-paid minutes or other pecuniary loss) arising from or relating to any provision of this Agreement and/or services provided.
Governing Law and Agreement Invalidity/Entirety/Special Amendments
The laws of the State of Idaho shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to first take the matter before arbitration/mediation in Idaho Falls, Idaho should Prosperity Marketing LLC request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Bonneville County Court of Idaho.
Should any part of this Agreement be declared invalid, the remaining portions shall remain in full force and effect.
This agreement is the entire and complete agreement between both parties.
Special amendments to this agreement must be signed by both parties, and the most recently dated amendment shall trump any previous ones.
Future Revisions and Acceptance of Terms of Service:
We reserve the right to revise, amend, or modify these published terms of service at any time and with or without formal notice. If any terms or conditions are failed to be followed the account in question may be automatically cancelled. If needed, legal remedies could be pursued. All users are always subject to the newest terms posted here at all times. It is the end user's responsibility to be aware of the latest terms of service by reviewing this agreement often. All clients understand that a change of these terms by provider shall not be grounds for early termination, or non-payment, or refunds of un-used minutes. Continued use of our services is valid acceptance that you agree to these posted terms of service.
By submitting this online form and by continued use of ProDailer.net phone marketing services, you hereby acknowledge that you have read these terms and conditions above, that you understand, agree and will abide with them. By entering your full legal name below, you certify and agree that it serves as your electronic signature, and is as valid as a signature on paper.
Register For A New Campaign Account
Be sure to visit the home page after submitting to select a minute package. Once we verify payment, your account will be setup.
We will send you your account login details via email once setup. We will also add you to our customer email list for service updates and news. Please do not unsubscribe while you are a customer.