Magic Call Button is a product of Trade Winds Advertising Inc.
THESE TERMS APPLY TO YOU WHETHER OR NOT YOU CLICK "I AGREE" THROUGH ANY REGISTRATION OR ACCESS PROCESS AT WWW.MAGIC-CALL-BUTTON.COM OR WWW.TRADEWINDSADVERTISING.COM AND WHETHER OR NOT YOU ARE AN ACTIVE MAGIC CALL BUTTON ACCOUNT HOLDER OR USER THEREOF.
Last updated December 22, 2011.
One person or legal entity may not maintain more than one free account. Accounts registered by “bots” or other automated methods are not permitted and will be deleted.
1. General Description
Trade Winds Advertising Inc provides its proprietary Magic Call Button service, "Magic Call Button Wizard," graphics and software at www.magic-call-button.com. The Magic Call Button service, availabe in a non-exclusive license to Account Holders, includes access to a password protected Web Page (the "Magic Call Button Wizard") for the purpose of generating custom contact forms, buttons, and links that may be embedded into other html Web pages. Account Holders will be able to access their account information through a password protected space on the magic-call-button.com website.
2. Services, Payment, Refunds, Upgrading and Downgrading and Cancellation
All Account levels include login access to and use of the Magic Call Button Wizard.
When you first subscribe to one of our plans (Account Level One or Account Level Two), you will be automatically billed a monthly, non-refundable service fee, starting when your account is initially created. An upgrade from the free trial account to any paying account will end your free account. All prices are quoted in US Dollars (USD).
DOWNGRADING YOUR MAGIC CALL BUTTON ACCOUNT MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. Trade Winds Advertising DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS. Additionally, upgrading or downgrading your account may result in loss of reporting data. Account holders may have the opportunity to download their reports in a spreadsheet file format prior to any such change.
2A. Email Form Service - Free Account, Account Level 1 and Account Level 2
A valid credit card is required for all Magic Call Button accounts. Magic Call Button customers are billed in advance on a monthly basis in accordance with our pricing schedule:
Free Account: Up to 3 email forms; active for 30 days.
Account Level 1: Up to 20 different email forms; auto-billed monthly subscription; cancel at any time.
Account Level 2 and 3: Up to 30 different email forms; file upload to 5 MB; auto-billed monthly subscription; cancel at any time. Each additional 50 forms, add $5 per month when service is added, and thereafter added to monthly service fee. Auto-billed monthly subscription; cancel at any time.
Level 1 and 2 Account Holders shall provide credit card billing information in order to gain access to the Magic Call Button Wizard and form generator; Level 1 and 2 Account Holders agree to have their credit card automatically billed in advance on a monthly basis in accordance with our pricing. There are no refunds or credits for partial months of service. (See Cancellation, 2E.)
2B. Click-to-Call Telephone Service And Email Form Service - Account Level Three (NOTICE: Account Level Three (3) is no longer available to new accounts after December 22, 2011.)
Real telephone connection service (using land lines, or PSTN) is exclusively available to Account Level 3.
Account Level 3: Includes live telephone click-to-call service and ability to make custom forms; auto-billed monthly service fee subscription; cancel at any time.
Level 3 Account Holders shall provide valid credit card billing information in order to gain access to live telephone connection services on Magic-Call-Button.com; Level 3 Account Holders agree to have their credit card automatically billed in advance on a monthly basis in accordance with our pricing and refund policy:
a) Monthly Service Charge, Fees— Refer to our pricing chart for current prices.
The monthly service charge includes live, click-to-call telephone service with customizable, click-to-call buttons/forms (each of which can be assigned to a unique telephone number and email address), login access to and use of the Magic Call Button Form Wizard and a monthly call allowance. The call allowance expires every 30 days, and does not accumulate or roll forward. Included with this account level is the ability to turn phone calling on or off in a schedule, the option to use an automated, interactive popup form, the option to create and implement email response forms and/or call to action buttons, access to reports and tracking with downloadable spreadsheet file.
b) Optional Features, Fees:
Refer to our pricing chart for optional, additional fees.
c) Additional Unique Click-to-Call Buttons/Forms:
Additional unique click-to-call buttons/forms can be assigned to a unique telephone number and email address. Refer to our pricing chart for more information.
d) Additional Click to Call Usage and Account Balance: In addition to the call allowance available for use each month, Level 3 Account holders have the option to increase their account balance available for telephone calling, once logged in to their account in Magic Call Button. You, the Level 3 Account Holder, agree that the credit card used during your initial sign up and purchase will be used when you increase your account balance unless you indicate otherwise. It is you, the Account Holder, who must communicate this request to our customer service staff at 912-275-5921. Your unused added-to account balance added WILL roll forward to the next month.
Negative Account Balance: If your Account Balance reaches zero, no more phone calls can be initiated, but calls already in progress can continue for up to 30 minutes before automatic disconnect. The final price of the phone call can not be calculated until the call or calls (if concurrent calls) ends. Therefore, it is possible for Account Holders to see a negative Account Balance after calls have been completed. When this occurs, the Account Balance must be increased to a positive number to enable telephone calling to be activated again. Even if you, the Account Holder, do not increase your Account Balance after it has fallen below zero, you agree that any negative balance represents monies due to Magic Call Button (Trade Winds Advertising Inc) for telephone calls made from your account.
Please Note: Telephone click-to-call forms are converted to email response forms if the available account balance is reduced to zero, without replenishment, at any time during the month; in such cases, click to call forms will continue to send the telephone number and geo-location, and additional information from the website visitor who submitted the form in email.
e) Email Response Forms — Up to 30 different email response forms; file upload to 5 MB; Each additional 50 forms, add $5 per month.
f) Concurrent Calls — Businesses with a call center or service which anticipates processing more than 25 concurrent calls during active business hours shall be required to pay a one-time setup fee of $100 per 50 additional concurrent calls. (Example: Capacity for 100 concurrent calls = $200 setup fee.)
g) Cancellation and Refund Policy, Account Level 3 — Click-to-Call Telephone Service may be cancelled at any time; however, the monthly service fee is non-refundable, and there are no refunds or credits for partial months of service. (See Cancellation, 2E.) There are no cash refunds under any circumstances. Account Holder's failure to pay the monthly service fee/subscription will result in automatic cancellation of the account and disabling or deletion of their images, buttons, banners, and forms on the Magic-Call-Button.com server, and any unpaid amount due at the time of cancellation shall be charged to Account Holder (using the credit card on file or invoice sent by mail).
2C. Risks and Safeguards Associated with Click-To-Call — If you have Account Level 3 with click-to-call service, Magic Call Button uses real telephone lines (PSTN) to connect anonymous visitors to you using your telephone number when these visitors submit your form from websites or email. It is possible that some callers may be unwanted or prank callers; it is also possible that calls to you may be generated by malicious software, spam "bots" or other automated programs using your forms. You, the Level 3 Account Holder, acknowledge that by using Magic Call Button click-to-call service, you understand these risks, accept these risks, and agree to pay for all calls made to your phone, whether they are generated by legitimate traffic or not; you further agree to hold Magic Call Button and Trade Winds Advertising harmless against all costs or claims arising from use or misuse of the Magic Call Button click-to-call interface (buttons and or forms), whether by you or any party.
Safeguards To Reduce Your Risk: Your risks described in 2C may be substantially reduced by implementing the following measures:
a) Maintain a "Captcha" security code on all forms. The default setting uses one of two Captchas available in Step 5 of the Magic Call Button wizard.
b) Keep your account balance as low as reasonably possible. If you have created multiple buttons and forms under your account, each can be set to a maximum spending limit within your total account balance. This setting can be found in Step 4A5 of the Magic Call Button Wizard.
c) Maintain your telephone number in a calling schedule that ensures someone is available to answer the phone at all times. Turn calling off on weekends, nights, times or days when no one is available to answer. This setting can be found in Step 4A3 of the Magic Call Button Wizard.
d) Keep Magic Call Button's "default" prompt in place, which requires interaction by you, the business owner or your staff to continue the call. Keeping the default prompt requires no additional action on your part.
e) Ensure your button or form can only work on the web pages you designate (a setting you can control in Step 4, A4 of the Magic Call Button Wizard, by listing the URLs or web addresses to which your button or form is restricted). Please note: a button placed in email will not work if the button is restricted to a website address.
f) Use the lowest reasonable setting for the total number of IP addresses that can access your form in one day. This setting may be viewed in Step 7 of the Magic Call Button Wizard, and is only adjustable by Magic Call Button staff. (Please call us at 912-275-5921 or email us at: firstname.lastname@example.org if you would like to adjust this number. The default setting is 30 different IP addresses in one 24-hour period, which means that 30 different computers can use your form in one day.)
Other safeguards used by Magic Call Button include a default, 30-minute maximum calling time before automatic disconnect and the ability to ban nuisance IP addresses and telephone numbers. You can take action to ban any IP address from your form by entering it in Step 7B; you can identify this number because it will be displayed in the email submission you receive and in your Call Log. Call Centers and Businesses With Automated Greetings: If you have a call center or automated voice prompt and have asked us to remove Magic Call Button's default voice prompt which requires your direct interaction, then we strongly recommend that you place as brief a time limit as possible on any connection that may be automatically made, including a limit on the duration of your voice mail recording.
2D. Data Storage Limit - Email Response Forms: Default submitted email form storage capacity is as follows: 500 submitted forms. More available. Refer to our pricing chart for more information.
At or prior to reaching capacity, the Account Holder has the option to purchase more capacity or download submitted form data in a spreadsheet file and subsequently delete stored forms from the Magic Call Button server, thereby allocating space for additional form storage. Submitted stored forms are available in the "Get Report" section of the Magic Call Button Wizard.
2E. Cancellation: All Account Holders may cancel their account and discontinue service at any time by contacting us directly:
By Email at: email@example.com
By Toll Free Telephone at: 866-716-3673
By Local Telephone at: 912-275-5921
2F. License Grants & Restrictions
Trade Winds Advertising Inc hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Magic Call Button website, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Magic Call Button website. All rights not expressly granted to you are reserved by Trade Winds Advertising and its licensors. The Magic Call Button website operates proprietary software in order to provide a service described herein; therefore, you shall not (1) modify or make derivative works based upon the Magic Call Button website; (2) reverse engineer or access the Magic Call Button website in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics, or (c) make copies of any features, functions or graphics of the this website. You further acknowledge and agree that Trade Winds Advertising owns all right, title, and interest in and to the Magic Call Button website, including all intellectual property rights therein.
Active Account Holders and Subscribers are granted a non-exclusive license to use the copyrighted graphics, artwork, and designs provided by the Magic Call Button website on their own personal website, or on any website managed by them and under their control, with the exception of restrictions noted in section 2.
Any person or entity that is not an active Account Holder or Subscriber to the Magic Call Button service must remove the code and any associated designs, artwork or graphics from their own website, or any other websites managed or controlled by them which contain the magic-call-button.com code. Under no circumstances will any person or entity be permitted to use any graphics, artwork, designs, or services from the magic-call-button.com website if they are not a current, active Account Holder or Subscriber to this service.
2G. Periodic Email Notification
If you are an Account Holder, you agree to receive periodic emails informing you about changes to the Service or new features, sent to the email address associated with your account when you sign up. You may opt out of receiving future notifications, or update the email address to which notifications can be sent by emailing us at firstname.lastname@example.org.
All services provided by Trade Winds Advertising Inc and Magic Call Button are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The Account Holder/Subscriber agrees to indemnify and hold harmless Magic Call Button and Trade Winds Advertising Inc, from any claims resulting from the Account Holder/Subscriber's use of Trade Winds Advertising Inc's services which causes damage to any other party.
Pornography and sex related content is prohibited on the magic-call-button.com website and servers. This includes links to adult sites or prohibited content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Trade Winds Advertising Inc servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content includes (but is not limited to):
* IRC Software
* Pirated software
* Hacking sites, programs or archives
* Warez Sites
* Distribution of music files or any other material in which the account holder does not own the copyright.
* Adult Sites
* Game Servers (dedicated game server programs)
Trade Winds Advertising Inc will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the Account Holder/Subscriber and the Account Holder/Subscriber's account may be terminted.
4. Server and Software Abuse
Any attempts to undermine or cause harm to a Trade Winds Advertising Inc server, software, or Account Holder/Subscriber of Trade Winds Advertising Inc is strictly prohibited including, but not limited to:
* Logging into a server or account that you are not authorized to access
* Accessing data or taking any action to obtain services not intended for you or your use
* Attempting to probe, scan or test the vulnerability of any system, subsystem or network
* Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
* Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
* Interfering with, intercepting or expropriating any system, data or information
* Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
5. Scheduled Maintenance and Downtime
Trade Winds Advertising Inc will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Trade Winds Advertising Inc's control or which are not reasonably foreseeable by Trade Winds Advertising Inc, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Trade Winds Advertising Inc will usually provide at least 48 hours advance notice to the Account Holder/Subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Trade Winds Advertising Inc has no responsibility for downtime resulting from a user's actions.
6. Magic Call Button Forms Not For Use Collecting Financial Information
Magic Call Button forms do not comply with credit card security or PCI (Payment Card Industry) standards and may not otherwise be encripted or hacker-proof. Account Holders agree not to use Magic Call Button forms to collect credit card or other financially-oriented information (including but not limited to credit card numbers, social security numbers and bank account numbers). Magic Call Button and Trade Winds Advertising Inc expressly disclaims any liability for any claims or damages resulting from failure to comply with any data security standards pertaining to use of the service, including without limitation any credit card security/PCI compliance standards. Account Holders agree to indemnify, defend and hold harmless Magic Call Button and Trade Winds Advertising from any such claims or related claims, whether by you, a third party, a governmental authority, or any payment card providers.
7. No High Risk Use. You may not use Magic Call button in any situation where failure or fault of this service could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, this service in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
Trade Winds Advertising, in its sole discretion, has the right to suspend or terminate your account if (1) you violate these Terms or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of this Service. Trade Winds Advertising reserves the right to refuse to provide you with future use of the Magic Call Button Site. Termination of your Account will result in the deactivation or deletion of your content on our webserver or your access to your account, resulting in the forfeiture and relinquishment of all content in your account. Once your account is terminated, your information cannot be recovered.
Trade Winds Advertising Inc and Magic Call Button reserves the right to refuse service to anyone for any reason at any time.
9. Changes to the Website; Changes to Prices
Trade Winds Advertising reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Magic Call Button Site and Service (or any part thereof) with or without notice and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Magic Call Button Site.
Trade Winds Advertising reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Magic Call Button Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Magic Call Button Site after any such changes shall constitute your consent to such changes.
10. Disclaimer of Warranties.
The site is provided by Trade Winds Advertising on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Trade Winds Advertising Inc makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Trade Winds Advertising Inc shall have no liability for any interruptions in the use of this Website. Trade Winds Advertising Inc disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
You agree that Magic Call Button's services may be unavailable for extended periods of time. Magic Call Button does not warrant or ensure the continuous availability of its services. At any time, without notice to you, we may discontinue any or all services provided. We shall not be liable for delays or performance resulting directly or indirectly from any causes beyond our control.
11. Limitation of Liability
Trade Winds Advertising Inc SHALL NOT be liable for any damages whatsoever, and in particular Trade Winds Advertising Inc shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Trade Winds Advertising Inc has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Without limiting the foregoing, under no circumstances shall Trade Winds Advertising or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to indemnify and hold Trade Winds Advertising Inc, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.
13. Modifications and Interruption to Service
Trade Winds Advertising Inc reserves the right to modify or discontinue the Service with or without notice to the Account Holder/Subscriber. Trade Winds Advertising Inc shall not be liable to Subscriber or any third party should Trade Winds Advertising Inc exercise its right to modify or discontinue the Service. Subscriber acknowledges and accepts that Trade Winds Advertising Inc does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
14. Third-Party Sites
15. Governing Jurisdiction of the Courts (Georgia)
16. Compliance with Laws.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User/Subscriber further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
17. License, Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted (©) by Trade Winds Advertising Inc., with all rights reserved, or is the property of Trade Winds Advertising Inc and/or third parties protected by intellectual property rights.
Trade Winds Advertising Inc hereby grants to its current Account Holders and Subscribers a non-exclusive, non-transferable, worldwide right to access and use the Magic Call Button copyrighted graphics, artwork, and designs on their own website, or any website managed by them, with the exception of restrictions noted in section 2, above. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Trade Winds Advertising Inc is strictly prohibited. Account Holders/Subscribers agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Trade Winds Advertising Inc.
Magic Call Button™ and Magic-Call-Button.com are proprietary marks of Trade Winds Advertising Inc. Trade Winds Advertising Inc’s trademarks may not be used in connection with any product or service that is not provided by Trade Winds Advertising Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trade Winds Advertising Inc.
All other trademarks displayed on Trade Winds Advertising Inc’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. Trade Winds Advertising claims no intellectual property rights over the graphics and art work Account Holders or Subscribers upload to Magic Call Button. In addition, such use of trademarks or links to the web sites of other parties is not intended to imply, directly or indirectly, that other parties endorse or have any affiliation with Trade Winds Advertising Inc.
By uploading or otherwise providing buttons, artwork or graphics (Materials) to Magic Call Button, you warrant that you are the sole author, copyright owner, or have full legal right and license to use the graphics and agree to hold harmless and protect Magic Call Button and Trade Winds Advertising Inc against copyright infringement and/or claims arising from a dispute over the submitted Materials to the full extent of applicable law.
18. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Trade Winds Advertising Inc designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Trade Winds Advertising Inc, P.O. Box 15663, Fernandina Beach, FL 32035
By Telephone: 904-430-0150
By Email: email@example.com
19. "Do Not Contact" Policy
If you are a current or past customer, we may sent you notice of upgrades and new features in Magic Call Button from time to time. To opt out of these and all other future solicitations, send email to: firstname.lastname@example.org.
20. Other Terms