When reading this agreement (the “Agreement”), the words “you” and “your” are meant to refer to the party utilizing the EmailDatabasepro.com Materials and the term “EmailDatabasepro.com Materials” refers to all Materials or services (including, but not limited to data, research and reference materials) provided by EmailDatabasepro.com and/or any companies it may be affiliated with.
Every Email Lists and Mailing Lists we utilize are regarded to be Opt-In. They were collected from opt-in web forms, phone calls, trade shows, public surveys where the recipient gave their email address and contact information. Adding information to our lists is completely legal as long as the CAN SPAM act is abided by.
YOUR RESPONSIBILITIES: Except to the extent specifically authorized in writing by EmailDatabasepro.com, a) you shall not name EmailDatabasepro.com or its affiliated companies or refer to the use of EmailDatabasepro.com Materials in any advertisements, promotional or marketing material; and b) you shall indemnify and hold harmless EmailDatabasepro.com, its affiliated companies and their respective officers, employees and agents (“Indemnified Parties”) against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys’ fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to your use of the EmailDatabase.co.za Materials or the breach of this Agreement.
COMPLIANCE MONITORING AND ENFORCEMENT: It is an express condition of this Agreement that in using the EmailDatabasepro.com Materials: a) you and any authorized users shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, laws and regulations regarding telemarketing, email, fax marketing, customer solicitation and privacy; and b) you and any authorized users shall comply with all applicable Direct Marketing Association (“DMA”) guidelines, if you or your authorized users are DMA members. If you or your authorized users are not DMA members, you and your authorized users are encouraged to comply with all applicable DMA guidelines; and c) As much as we make every effort to ensure our leads are within the legal guidelines, the responsibility to remain compliant is yours. You are responsible to ensure that your use of our leads and lists is legal and appropriate laws that apply. You should contact your own legal counsel if you are at all unsure about the legislation and how it affects your use of our leads and lists. It’s not allowed to resell any of our products. You are prohibited from attempting to interfere with the proper functioning of this website. You are prohibited from forging any email addresses or contact information. 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 EmailDatabasepro.com. While EmailDatabasepro.com employs the use different filters and techniques to ensure that spam traps and malicious user records are filtered out, we are not responsible for any damages incurred by the inclusion of spam traps, or any malicious user records, in any database sold, delivered to, or leased under this agreement.
LIMITATION OF LIABILITY: All EmailDatabasepro.com materials are provided on a strictly “as is” basis. You expressly agree that use of the services is at your own risk. You expressly agree that EmailDatabasepro.com shall not be liable for losses, damages, or injuries of any kind, including but not limited to general, direct, special, incidental, and/or consequential damages caused in whole or in part by the use of the EmailDatabasepro.com materials whether such damages are asserted in an action brought in contract, in tort or pursuant to some other theory and whether the possibility of such damages was made known or was foreseeable or should this limited warranty fail of its essential purpose. In no event shall EmailDatabasepro.com’ entire liability exceed the total amount you paid to EmailDatabasepro.com under this agreement.
GENERAL: (a) The terms and conditions set forth in this Agreement, along with any additional terms which may be provided which relate to the specific EmailDatabasepro.com Materials provided constitute the entire agreement between you and EmailDatabasepro.com on the subject matter. Any additional or different terms or conditions in any other document, including without limitation any of your purchase orders, shall be of no effect.
(b) This policy may be amended from time to time at the discretion of EmailDatabasepro.com.
(c) Without limiting any other remedies it may have at law or in equity, EmailDatabasepro.com reserves the right to terminate this Agreement immediately without further notice if EmailDatabasepro.com has reason to believe a Customer is not complying with this or any other express condition of use.