Terms & Conditions
TERMS, CONDITIONS OF USE, DISCLOSURES AND DISCLAIMERS:
Welcome to the website of Data Direct LLC. The information on this page governs your use of the Data Direct LLC web site. Your use of the site is your acknowledgement that you understand the terms and conditions set out here and that you agree to comply with these terms and conditions. If you are unable to accept and abide by these terms, please do not use this site or its information. Also note that we may change these terms and conditions from time to time without otherwise providing notice. You should refer to this material whenever using the site.
Data Direct LLC IS NOT and DOES NOT offer a service with a fixed price for a fixed package of traffic/hits/page views. These types of programs usually promise "real users" or "targeted users," though most don't explain where the users come from, meaning that they most likely use illegitimate means to generate the hits. Responserates can vary depending on clients product and their marketing materials. Just like TV, Radio, Print and Pay Per Click campaign.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
Data Direct LLC is the owner of the copyright of the Databases. Data Direct LLC and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
email-list.com grants you a non-exclusive, non-transferable license to use the databases accessible to you subject to these Terms and Conditions. The databases may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from email-list.com databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information.
No Relationship Formed:
All materials on this Web site are provided by Data Direct LLC for informational purposes only and do not contain legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances or the data, products, and services. The transmission and receipt of information contained on the Web site neither form nor constitute any relationship with Data Direct LLC, or any of its partners, associates or consultants. Any use of the information contained on this web site or transmittal of information from emails on this web site do not give you a reasonable basis for a belief that that use creates an attorney client relationship.
Limitation of Liability:
Although Data Direct LLC makes reasonable efforts to keep material on this web site current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this site without delay. Therefore, you should not act upon any information on this website without seeking professional counsel. Our databases are sold as is. Data Direct LLC makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall Data Direct LLC or any of its partners, associates, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.
Some links within our web site may lead you to other sites (third-party sites). Data Direct LLC does not have control over those sites and is not responsible for their content or your reliance on the information contained there. Our links to third-party sites do not necessarily create an endorsement or approval of any content on those sites. Once you go to a third-party site, you do so at your own risk. You are subject to the terms, conditions of use and privacy policies of the third-party site.
Data Direct LLC claims a copyright to the material on this web site. You may use this material only for personal informational purposes. If you wish to use the material for any other purposes, you must have the expressed consent in written form from Data Direct LLC to do so. All rights reserved. Copyright 2006-2007.
Limitations on Use:
- You are prohibited from reselling the databases.
- You are prohibiting from attempting to interfere with the proper function of this site.
- You are prohibited from forging any email addresses.
- You are prohibited from framing any content of this web site.
- You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the web site of Data Direct LLC whether or not enumerated here. If you have any questions about your obligations set out here, you should contact Data Direct LLC to clarify your questions.
You must defend, indemnify and hold harmless Data Direct LLC, its partners, associates and consultants from any claims, damages, costs and expenses resulting from your failure to comply with terms set out here. If you have any questions about this obligation, you should contact Data Direct LLC to clarify your questions.
email-list.com uses a 3rd party file sharing company called www.sharefile.com. A link will be emailed to you after you process an order. Files Anywhere tracks the time & dates of all downloads. After file has been downloaded service will have been rendered.
Databases and e-mail marketing follow the same principle as software- once opened or downloaded, it is a final sale. Due to the nature of email lists, all sales are final and non-refundable.
By processing your order and submitting your contact information, you are entering into a binding purchase contract. This has been done to protect the integrity of our email list databases from fraudulent activities and those who are looking to steal our email list. Email lists are sold as it is without warranties or guarantees.
I authorize Email-List.com to charge me in full for any products purchased from Data Direct LLC and its affilliate sites.
I further affirm that the name and personal information provided on this form are true and correct.
I further declare that I have read, understood and accepted Email-List.com business terms as published on their web site www.email-list.com.
By placing an order from Data Direct LLC, I agree to pay Email-List.com in full.
*Counts may vary slightly as we are continually updating & cleansing our databases. Not all records have all searchable fields. If field is not available for those records a null or blank field will appear. Example we do not have fax numbers for all businesses. Business with no fax numbers would have null or blank space in spread sheet column. Mailing addresses, phone numbers and email addresses are constantly changing we do not claim that the list is 100% accurate or deliverable. When sending bulk emails some emails will be returned undeliverable.
All in one Marketing and Mass Communication Software
"This Agreement ("Agreement") contains the complete terms and conditions that apply to your use of the Email-List Email Marketing Services (the "Services"). As used in this Agreement, "Email-List Email Marketing", "we", "us", or "our" refers to Email-List and "you" or "your" refers to the person who creates one or more email mailing lists ("Lists") and corresponding accounts using the Services, and performs the administrative functions of the Lists. The Services are offered to you conditioned on your acceptance without modification of this Agreement. Your use of the Services constitutes your acceptance to this Agreement.
Modifications of Terms and Conditions
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Website located at Email-List or any such successor Website. You are responsible for regularly reviewing these terms and conditions. Continued use of the Services after any modification shall constitute your consent to such modification. We do not and will not assume any obligation to notify you of any modification to the Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.
Limitations On Use
You agree that you have the full authority and right to enter into this Agreement and that you are at least 18 years of age. You also agree that you will not use the Services to transmit, disseminate or upload:
- Unlawful, harassing, libelous, tortuous, abusive, threatening, or obscene communications of any kind.
- Materials that infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
- Objectionable materials, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone.
- Spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
- Viruses or other harmful, disruptive or destructive files.
- Content containing nudity or pornographic material of any kind to people under age 18, or to anyone on lists that are not limited to people age 18 or older.
You further agree:
- (a) that you will not disrupt or interfere with another user's use or enjoyment of the Services;
- (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, the Services, system resources or accounts, or any servers or networks connected to the Services;
- (c) that you will not attempt to obtain unauthorized access to Services, or to private lists on the Services;
- (d) that you are solely responsible for your actions in relation to Services, and for any communications transmitted under your account;
- (e) that you will not forge header or address information or otherwise impersonate another or create a false identity;
- (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from our Website;
- (g) that you will not disrupt the normal operations of the Services or cause any substantial change in the usual content or frequency of emails sent using the Services;
- (h) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
- (i) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection. You agree that we may in our sole discretion remove any material that appears to violate any of the foregoing, and may immediately limit or terminate your account or access if it appears you have violated any of the provisions as described herein.
Fees and Payment Terms
You hereby authorize us to charge your credit card in advance for the applicable email campaigns you sent incurred by you or on your behalf in connection with your use of the Services during the term of this Agreement. Such base price will be automatically charged to your credit card until this Agreement is terminated and your account canceled, regardless of List or account activity. Monthly fees to be billed every month on the day you initially signed up & processed your payment.
Term of the Agreement
Email-List Email Marketing Communication
We shall have the right to communicate with you via email, receipt of which by you is considered by Email-List Email Marketing.com essential to our provision of service. You may unsubscribe from such communication at any time.
Disclosure of Information
We will not disclose personally identifiable information about you or your private communications (i.e., content transmitted on private, non-public lists) to third parties, without your permission, unless we believe such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend our rights or property or that of others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement. From time to time, we will disclose aggregate user demographic data to third parties. We may access your Lists and related communications for technical processing and to address technical problems or service complaints.
We will not sell, trade, rent, lend or give email addresses that you supply us to anyone else for any purpose, nor will we use the addresses you supply us for any purpose other than supplying the Services to you. It is understood that it is possible that some of the addresses you supply us may already be on lists that we own and that we have the right to mail to such addresses. We do not claim ownership of the materials you provide to us for purposes of using the Services and which were created by you or on your behalf. By transmitting such materials for distribution to your Lists, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish such materials solely for the purposes of providing the Services to you.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THA T RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Email-List EMAIL MARKETING OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Without limiting any of the foregoing, we are not responsible for any of your materials and data residing on our network hardware. You are responsible for backing-up your materials and data that may reside on our network hardware, whether or not such materials and data are produced through the use of the Services. It is your responsibility to take the necessary steps to ensure your primary means of
business is maintained. In no event will we be liable to you for more than the actual dollar amount that you paid for the use of the Services during the term of this Agreement.
You agree to indemnify, defend and hold harmless Email-List Email Marketing, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of the Services or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Payment and Financial Agreement:
The "client", "you", acknowledges and agrees that all financial information given to Email-List (credit card and electronic debit information) is true and lawfully theirs . The "client" acknowledges that all payments are due in full prior to the execution of any marketing campaign and that Email-List maintains a "no refund policy" for any marketing campaign after its execution and emails are sent to the mass market . Additionally, Email-List will not refund any money after a hosting account has been set up for the month . The "client" acknowledges that they will not dispute charges and agrees to these financial terms and conditions with Email-List . In the event that Email-List receives a charge back or theft of service after our services are rendered, an additional 100 . 00 fee in U . S . dollars, and court, collection and attorney's costs, will be assessed to the amount of money owed . The client acknowledges that this agreement will replace any agreement with their credit card companies and financial institutions. All fees paid toward the use of Email-List's Email Marketing Software and Hosting accounts will be charged on the first day of sign up and consequentially every month on the same day. If billing starts on the 31st the Email-List will charge on the last day of the month for months ending in 29 and 30 days. All software and hosting account cancellations must be submitted in writing to Email-List at the above address and received 2 days before the billing date falls in. Email-List will prosecute to the full extent of the law any individual that provides us with criminally fraudulent financial information. Email-List prides itself on protecting consumer's financial privacy and safety .
1. Refunds & Cancellation Policy
Databases and e-mail marketing follow the same principle as software- once opened or downloaded, it is a final sale. You agree that you understand that if for any reason we do not permit refunds or charge backs. We will honor sending your campaigns, but can’t promise the exact date and time. For example: If your e-mail campaign causes problems with a certain internet host, such as Yahoo? We must pause the job and correct the issue. Even though people give permission to receive e-mails, they sometimes complain by clicking the report SPAM on e-mails they do not want. If too many Report SPAM complaints come in, we inform you and assist in updating your content to reduce the chances of your emails being marked as SPAM. For this reason and others we do not promise that the service will be available at any given time.
You agree that all sales are final and no refunds. Costs and labor are involved in hosting an email marketing server. For this reason once we host and issue your website / server and log-in credentials, service has been rendered and provided as described. We do not guarantee results; we do agree to resend one broadcast free of charge if you do not receive any opens.
2. Availability of service
Due to the nature of email marketing sometimes the website / server you are issued may not be available, you agree that this is not a reason for canceling service and asking for a refund. This is actually part of the service. We will repair the server or put you on a new server. Should this ever happen we will gladly extend your service.
No warranties. We cannot promise success in terms of response rates. Every campaign is different; we cannot control response rates or results. Email Marketing takes time and repetition and every client’s product and marketing campaign is different.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions. You agree that you will bring any claim or cause of action arising out of your use of the Services or this Agreement in the courts located within the county of Pinellas of FL and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of
your use of the Services or this Agreement must be filed within two weeks after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in this Agreement is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of this Agreement will remain in full for ce and effect. No waiver of any provision of this Agreement shall be effective except pursuant to a written instrument signed by us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated
in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services. You shall not assign this Agreement or any right, interest or benefit under this Agreement without our prior written consent. This Agreement sets forth the entire agreement between you and us, and supersedes any and all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.