By using UnlimitedMailingLists.com, you agree to the terms, conditions and indemnity clauses in this agreement. If you do not agree with these terms, do NOT use UnlimitedMailingLists.com. Use constitutes acceptance of the Terms, Conditions and Indemnity clauses. All UnlimitedMailingLists.com Members are subject to these Terms and Conditions.
Permitted Uses and Restrictions
With an active paying membership, UnlimitedMailingLists.com grants you a limited, non-exclusive, non-transferable license to our databases ("Data") for the permitted uses described in these terms and conditions:
The information you receive from UnlimitedMailingLists.com is for the members use only. You, the member, may not sell, license, dispense, or in any other way distribute any part of the Data to any third party. In addition, you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
The Member will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by this Agreement.
A Members use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations, including telemarketing, email, facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association, the American Teleservices Association, CAN-SPAM Act, COPPA, Telephone Consumer Protection Act (TCPA) and any State Registry Laws.
Multiple instances of simultaneous usage from more than one location, or sharing your account, may result in the suspension or cancellation of your account. We reserve the right to terminate or restrict your use of our service and to terminate this Agreement, without notice or refund.
Reselling of our Data is strictly prohibited. If a Member is found to reselling our Data without written permission from UnlimitedMailingLists, the Member will be held liable and charges will be automatically applied to the Member's credit card. The Member agrees and authorizes UnlimitedMailingLists to charge up to ten cents per record per download.
In addition, Unlimited Mailing Lists, at its sole discretion, reserves the right to charge five cents per record to those customers who are found to be abusing the system, its data, and the information provided herein. Examples of abuse of the information are included, but not limited to: downloading excessive amount of data with no rhyme or reason, signing up then cancelling the service in an attempt to avoid monthly fees, and any other act by the subscriber that appears suspect to abuse of the data and our service.
At any point, without warning, Unlimited Mailing Lists may restrict a member's ability to download data in large quantities.
Limited Warranty Disclaimer and Limitation of Liability
ALL DATA AND SERVICES PROVIDED ARE SOLD "AS IS." NO WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN HEREUNDER. Under no circumstances shall the maximum liability of UnlimitedMailingLists.com or its affiliates exceed more than one month of subscription charges.
Each member agrees to hold UnlimitedMailingLists.com, The Online Group, Inc., and its affiliates and suppliers harmless from any penalties, fees, lawsuits or other that result from the Member's use of the Data we provide.
You shall indemnify, defend and hold harmless UnlimitedMailingLists.com, The Online Group, Inc., its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys' fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement.
Membership and Billing
Term of the membership: You, the Member, agree to an automatically renewing membership. This membership will automatically renew for another billing cycle when you are at the end of your payment period. Your membership will automatically renew unless you cancel your membership at least 3 business days prior to your billing date.
You can cancel your membership at any time. All memberships are non-refundable and no pro-rated refunds will be given. All cancellations must be made 3 business days prior to the renewal of your monthly membership. Cancellations must be made through the Dashboard. Memberships cannot be cancelled by phone or email as it may delay the cancellation resulting in additional charges which are non-refundable.
Billing: You authorize the Company to charge your authorized payment method (the "Payment Method") the monthly membership fee plus any applicable taxes. Recurring payments will automatically be drafted from the account for the remainder of your membership. We reserve the right to terminate your membership if for any reason a Payment Method is cancelled, terminated, declined or if we believe a payment may be challenged or dishonored.
It is the subscriber's responsibility to keep all billing information current during the membership period. If UnlimitedMailingLists.com encounters any interruption in payment, the subscriber will have 30 days to update the information by contacting the Customer Service Department. However, the member is still responsible for the balance of the payments for the remainder of the Term. In addition, after 30 days, the account will be treated as a new membership and be subject to the current price and subscription plan offered to new subscribers.
In the event, that a Member is found to be reselling or abusing the Data as described in this Agreement, then UnlimitedMailingLists.com, at its sole discretion, may charge the Member's card in accordance with this Agreement, with or without warning.
You agree to defend, indemnify, and hold harmless UnlimitedMailingLists.com and its affiliates and providers against any damage, loss, or expense including attorneys' fees in connection with any claim that arises from this Agreement, or the content or effects of any communication you distribute using the Data.
The information on UnlimitedMailingLists.com is the property of UnlimitedMailingLists.com and its affiliates. Any unauthorized copying or dissemination of any UnlimitedMailingLists.com copyright, trademark, or service mark is prohibited by United States copyright law, trademark law and other intellectual property laws and conventions.
UnlimitedMailingLists.com and you, the Member, agree to submit any and all claims, demands, disputes, controversies, or causes of action, arising out of or relating to this Agreement, (Individually and collectively "Claims"), to binding arbitration before the American Arbitration Association ("AAA").
The Agreement shall be governed by and construed under the laws of the State of Massachusetts, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Worcester County, Massachusetts and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
The Agreement contains the entire understanding between you and UnlimitedMailingLists.com and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and UnlimitedMailingLists.com. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party. UnlimitedMailingLists.com may amend these terms and conditions by posting the revised terms on the company website. You, the Member, are responsible, and agree, to check for any changes on each occasion before using the Site or any Data.