Terms of service
The following terms and conditions, as well as any future modifications (the “Terms”) are a contract between you or your company (“you” or “your”) and cdot4, LLC., a North Carolina company (“Porterhouse”, “we,” “us,” or “our”) governing your use, and Porterhouse’s provision, of the Services (as defined below). By using Porterhouse’s web-based interface, messaging applications, data encryption, data transmission, data access, data storage, application programming interfaces, networks, and websites, including, but not limited to Porterhouse.com, (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.
Porterhouse reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES. BY CONTINUING TO USE THE SERVICES, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
- You must be 18 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and/or continued use of the Service. Porterhouse reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
- One person or legal entity may not maintain more than one free account.
- You agree not to share your username and password with other people. You are responsible for maintaining the confidentiality of your Service account and password. It is your responsibility to notify Porterhouse if you believe your username or password have been compromised or used in an unauthorized manner. Porterhouse assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
- You are responsible for all Content posted and activity that occurs under your account and under the other accounts that are created on the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the Service for any fraudulent or inappropriate purpose.
- You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
- You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Porterhouse.
- Porterhouse may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Porterhouse reserves the right to refuse service to anyone for any reason at any time.
- Porterhouse claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service.
- You must have received prior consent to be contacted via text messaging from every recipient you send text messages to when using the Porterhouse "Send All" feature
You agree to use the Porterhouse Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
Porterhouse only provides that the Services are processed correctly and delivered by Porterhouse to the applicable network. Porterhouse is not responsible for the final delivery of any communication initiated through Porterhouse’s Services, as this is out of our control and is the responsibility of the communications carrier.
Porterhouse transmits and receives text messages via major telecommunications companies and mobile network operators, and thus Porterhouse’s influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon Porterhouse. While Porterhouse shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Porterhouse is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Porterhouse for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.
- Federal Trade Commission, http://www.ftc.gov
- Federal Communications Commission, http://www.fcc.gov
- DoNotCall Registry Info, http://www.donotcall.gov
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 text messages. Porterhouse 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, broadcasts and campaigns prior to using the Porterhouse Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.
You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations.
You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Porterhouse Sites or Services.
You accept that the Services are provided for professional use only, and you agree that your use of the Porterhouse Sites or Services shall not include:
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
- Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting information about others, without their consent;
- Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
- 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, copyrights or other rights of publicity;
- Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Interfering with another's use and enjoyment of the Services or Porterhouse Sites; or
- Engaging in any other activity that Porterhouse believes could subject it to criminal liability or civil penalty/judgment.
You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that Porterhouse is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and Porterhouse will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. Porterhouse will not be liable for any misuse of the Services by you. Porterhouse is not responsible for the views and opinions contained in any of your messages or broadcasts.
- The service is billed in advance on a monthly or a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Porterhouse reserves the right to terminate or suspend an account for non-payment of dues.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Porterhouse does not accept any liability of loss of Content by downgrading your Service
- Porterhouse reserves the right to change Service fees upon 30 days notice. Such notice may be provided at any time by posting the changes to the Porterhouse Site (Porterhouse.com) or the Service itself.
Cancellation and Termination
- You are solely responsible for properly canceling your account.
- There is no cancellation fee.
- Once your account is canceled, your Content cannot be recovered.
- There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
- Porterhouse may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
- Porterhouse reserves the right to refuse service to anyone for any reason at any time.
Intellectual Property Rights
- You agree that Porterhouse owns all rights to the code, databases, visual-design and layout of the Service.
- Porterhouse claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.
- You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Porterhouse.
- You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written consent permission of Porterhouse.
Warranties and Liability
YOUR COMPANY, NONPROFIT AND/OR END USER IS LIABLE FOR ALL CALLS oR MESSAGES ORIGINATING FROM YOUR ACCOUNT. You expressly understand and agree to usage and liability agreement.
Porterhouse does not warrant that:
- the Service will meet your requirements or expectations.
- the Service will be uninterrupted, timely, secure, bug or error-free.
- the calculations performed by the Service are accurate.
- any errors or bugs in the Service will be corrected.
You expressly understand and agree that Porterhouse shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Porterhouse has been advised of the possibility of such damages), resulting from your usage of the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Porterhouse AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Porterhouse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY RELATING TO OR ARISING FROM THIS AGREEMENT. IN NO EVENT SHALL Porterhouse OR ITS RESPECTIVE SUPPLIERS AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID FOR THE IMMEDIATELY PRECEDING MONTH BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.