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The following information is provided in an effort to promote responsible use of the digitalNRG service.

The digitalNRG service places the ability to launch an entire telemarketing campaign in the hands of you the subscriber. digitalNRG respects your privacy. We will not monitor your audio messages, read or share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the the law or properly enforce the digitalNRG terms of service agreement. Since it is you the subscriber who creates the audio announcement, provides the calling list, and most importantly launches your own calling campaign, we here at digitalNRG feel it necessary to provide you the subscriber with the following information in an effort to insure that all digitalNRG subscriber calling campaigns are conducted responsibly.

Prior to using digitalNRG make sure you are familiar with any Federal or State Laws that would be applicable to your call campaign.

Be respectful of proper calling time restrictions that would be applicable to your specific call campaign.

Maintain and use the digitalNRG "Do Not Call List" management tools available to you at no charge as part of your digitalNRG service. You may contact digitalNRG if wish to upload an existing do not call list. In the event a recipient makes a request to be taken off your calling list, do so immediately and indefinitely. Allowing those on your calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.

Follow Federal and State calling time rules and or restrictions.

Clearly state the identity of the caller at the beginning of your audio message and provide proper contact information such as phone number and address during call.

Avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business. digitalNRG offers free of charge an "auto removal of strings of phone numbers feature" free of charge as part of your digitalNRG service.

It is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.

Avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtain by the recipient.

Avoid sending pre-recorded sales messages to those with whom you do not have a business relationship and to whom you haven't received permission to call.

The Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commission http://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls. Typically a call may be exempt from the TCPA if the call:

  • Is made on behalf of a non-profit organization.
  • Is made to a consumer with whom the calling company has an existing business relationship.
  • Business to business contact.
  • Does not include an unsolicited advertisement, even if the call is made for commercial purpose.
  • Is survey work.
  • Recipient provides proper consent prior to playing the "recorded solicitation". digitalNRG has a "permission based introduction" feature that can be used free of charge. This feature allows only those consumers who have provided proper permission to listen to the "recorded solicitation" part of the call. If permission is not granted, then the solicitation is not presented.

digitalNRG is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your call campaign prior to using digitalNRG services. You are ultimately responsible to make your own informed decisions regarding your call campaign.