Service Terms and Conditions
Service Terms and Conditions
Effective Date: These Service Terms and Conditions were last updated on November 18th, 2020.
Use of Arch Telecom (dba ArchAgent referred as “Service Provider”) data products, applications, software, services, and web portals (referred as “Services” in this document and excluding any services provided to you by Service Provider under any separate written agreement) is subject to the terms of a legal agreement between you and Service Provider. Service Provider principal place of business is located at:
3103 Bee Caves Road Suite 221
Austin, TX, 78746
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by Service Provider in the user interface for any Service
- By accepting use the Services. In this case, you understand and agree that Service Provider will treat your use of the Services as acceptance of the Terms from that point onwards
You may not use the Services and may not accept the Terms if:
- You are not of legal age to form a binding contract with Service Provider.
- You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provisions of Service
Service Provider is constantly evolving in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Service Provider provides may change without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Service Provider may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Service Provider sole discretion, without prior notice to you.
You acknowledge and agree that while Service Provider may not currently have set a fixed maximum limit on the number of transactions or transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed maximum limits may be set by Service Provider at any time, at Service Provider discretion.
Use of Services By You
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Service Provider will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Service Provider, unless you have been specifically allowed to do so in a separate agreement with Service Provider. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
Unless you have been specifically permitted to do so in a separate agreement with Service Provider, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Service Provider has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Service Provider may suffer) of any such breach.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the parties who provide that Content to Service Provider (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Service Provider or by the owners of that Content, in a separate agreement.
You acknowledge and agree that Service Provider (or Service Provider licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Service Provider and that you shall not disclose such information without Service Provider prior written consent.
Unless you have agreed otherwise in writing with Service Provider, nothing in the Terms gives you a right to use any of Service Provider trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by Service Provider, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Service Provider
Service Provider gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Service Provider as part of the Services provided to you by Service Provider (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Service Provider, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Service Provider, in writing.
Unless Service Provider has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Unless Service Provider has given you specific written permission to do so you may not share your login with multiple parties or partners. Service Provider reserves the rights to suspend or terminate users service at any time if it is determined that user has violated the terms of service. You agree that Service Provider has sole discretion to determine when the terms have been violated.
Telephone Consumer Protection Act (TCPA)
Subscriber agrees to comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. and all other applicable federal and states laws. Arch may suspend or revoke a Subscriber’s account if it has knowledge or has reason to believe that a Subscriber is violating the TCPA or other applicable federal or state laws.
Do Not Call Registry (DNC)
Individuals who have registered their phone number on the DNC Registry are not to be contacted for solicitation purposes. Subscribers must comply with the National DNC registry and their state DNC rules.
ArchAgent will check the DNC status of every phone number provided to a subscriber. If the phone number is on the state or federal DNC, ArchAgent will indicate as such. If ArchAgent receives a complaint or report from a consumer to block their phone number, Arch will comply by permanently doing so.
A brokerage should maintain a company specific DNC list. If your calls are exempt and are allowed to persons on a DNC list, you must honor “company specific” “do-not-call” requests from consumers to not be contacted by your business again. Any form of such a request is valid, thus you cannot require a consumer to submit a “do-not-call” request in writing, via email, etc.
Federal law requires you have a “do-not-call” policy available “upon demand”. It is important to train your representatives in that policy, keep records of that training and compliance efforts.
Consult your attorney to implement proper compliance measures.