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Data License
IMPORTANT--READ THESE TERMS CAREFULLY.
BY PURCHASING AND DOWNLOADING OR USING THIS DATA, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT
YOU AGREE TO BE BOUND BY ITS TERMS..
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LICENSE TERMS FOR DATA
LISTS
(for the purposes of this
license document henceforth known as 'the Data Lists')
1.
Grant of Personal License for Registered Users
Niche Business Lists, grants you a non-exclusive, non-transferable
license to use the Data with which this license is distributed ('the
Data Lists'), including any documentation files accompanying the
Data Lists ('Documentation') on up to five (5) servers or personal
computers, and to make backup copies of the Data Lists, provided
that:
(i)
the Data may be installed and used on up to five (5) servers or
personal computers that you personally own;
(ii) the Data Lists are sold to Buyer “As is” with no guarantee of
updates. We normally received updates once yearly but can’t
guarantee this.
(iii) you agree to be bound by the terms of this License Agreement
once data is purchased.
The Data Lists and Documentation shall be used only by you, only for
your own personal or internal business use and not in the operation
of a service bureau or for the benefit of any other person or entity
where you are reselling this data to another party.
2.
Ownership
You have no ownership rights in the Data Lists. Rather, you have a
license to use the Data Lists as long as this License Agreement
remains in full force and effect. Ownership of the Data Lists,
Documentation and all intellectual property rights therein shall
remain at all times with Niche Business Lists. Any other use of the
Data by any person, business, corporation, government organization
or any other entity is strictly forbidden and is a violation of this
License Agreement.
3.
Copyright
This exact Data List and Documentation is protected by United States
Copyright Law and trade secret law, and by international treaty
provisions. All rights not granted to you herein are expressly
reserved by Niche Business Lists. You may not remove any proprietary
notice of Niche Business Lists from any copy of the Data Lists or
Documentation.
4.
Restrictions
You may not rent, lease, modify, loan, distribute, or create
derivative works based on the Data Lists or any part thereof.
You may use this data on a website to display a business
directory, or database where users may view this data on their
personal computers. You may not sell or rent this Data List under
any circumstances. You may transfer the Data Lists to up to five (5)
computers you own. You also agree that this information can’t be
returned and is sold “as is”.
There are no refunds issued under any circumstances.
5.
Confidentiality
You acknowledge that the Data Lists may be compiled using
proprietary trade secrets of Niche Business Lists and you hereby
agree to maintain the confidentiality of the Data Lists using at
least as great a degree of care as you use to maintain the
confidentiality of your own most confidential information.
You agree to reasonably communicate the terms and conditions of this
Data Lists License Agreement to those persons employed by you who
come into contact with the Data Lists, and to use reasonable best
efforts to ensure their compliance with such terms and conditions,
including, without limitation, not knowingly permitting such persons
to use any portion of the Data Lists for the purpose of distribution
of any kind.
6.
Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS,
REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON
THE EXPORT FROM UNITED STATES OF THE Data Lists OR INFORMATION ABOUT
SUCH Data Lists WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE
GOVERNMENT OF UNITED STATES. YOU SHALL NOT EXPORT THE
Data Lists, DOCUMENTATION, OR INFORMATION ABOUT THE Data Lists AND
DOCUMENTATION WITHOUT CONSENT OF Niche Business Lists AND COMPLIANCE
WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
7.
Termination
This License Agreement is effective until it is terminated. You may
terminate this License Agreement at any time by destroying or
returning to Niche Business Lists all copies of the Data Lists and
Documentation in your possession or under your control, and agreeing
to such in writing. Niche Business Lists may terminate this License
Agreement for any reason, including, but not limited to, if Niche
Business Lists finds that you have violated any of the terms of this
License Agreement. Upon notification of termination, you agree to
destroy or return to Niche Business Lists all copies of the Data
Lists and Documentation and to certify in writing that all known
copies, including backup copies, have been destroyed. All provisions
relating to confidentiality, proprietary rights, and non-disclosure
shall survive the termination of this Data Lists License Agreement.
8.
General
This License Agreement shall be construed, interpreted and governed
by the laws of the County of
Fulton without regard to conflicts of law provisions thereof.
The exclusive forum for any disputes arising out of or relating to
this License Agreement shall be an appropriate national/federal or
state court sitting in Fulton, United States. This License Agreement
shall constitute the entire Agreement between the parties hereto.
Any waiver or modification of this License Agreement shall only be
effective if it is in writing and signed by both parties hereto. If
any part of this License Agreement is found invalid or unenforceable
by a court of competent jurisdiction, the remainder of this License
Agreement shall be interpreted so as to reasonably effect the
intention of the parties.
9.
NO SPAM POLICY
Buymailinglists.info
adheres
to a very strict NO SPAM Policy. Spamming consists of sending
unsolicited email messages to any recipient with whom you do not
have a personal or professional relationship. It also consists of,
but is not limited to:
Using our Data that may
contain email addresses to send Unsolcited Bulk Email -
Some of our data may
contain email addresses of businesses. These email addresses are not
to be used for sending unsolicited bulk email (SPAM) under any
circumstances. This includes sending SPAM email from your own
computer, remote computer or through a third party email sending
service.
This policy includes
use of any and all Opt in email addresses data and all users of this
data must be CAN SPAM ACT compliant in any and all mailings done
using any list purchased from Niche Business Lists. CAN SPAM ACT
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
Use of data email
addresses on other websites. Solicitations
and/or messages posted on internet websites using the email
address(s) provided on our data lists.
Non-Computer Related
Spamming Activities.
The distribution of printed material on private property or where
otherwise prohibited violates our No Spam Policy.
All Data Buyers who purchase our data are automatically agreeing to
our Data License when purchasing data from our site or through other
purchasing means. This document clearly states this same No SPAM
Policy. If any purchasers are reported for SPAM, the report will be
IMMEDIATELY investigated.
There is NO EXCUSE FOR SPAM! Spamming is a serious problem, costing
all Internet users a great deal of time and money!
We will absolutely and
positively NOT tolerate Spam and will not be held responsible for
any actions as a result of using our data lists to send unsolicited
email under any circumstances..
10. DATABASE PURCHASES AND LEGAL COMPLIANCE:
You agree that any use of this data will be in compliance with all
applicable state and federal laws, including, but not limited to,
the CAN-SPAM Act of 2003, The Gramm-Leach Bliley Act, FTC Telephone
Sales Rules, and Your own privacy policies. If using this data to
send e-mail messages, such compliance includes, but is not limited
to: (1) not using forged, false or misleading header information;
(2) not using false or misleading subject lines; (3) including the
sender's physical address (not a P.O. box); (4) clearly identifying
the e-mail message as an advertisement; (5) providing an opt-out
notice with a functioning opt-out mechanism via e-mail or the
Internet which is operational for at least 30 days after sending the
message; (6) honoring opt-out notices within 10 business days of
receipt of each opt-out request; and (7) for e-mail messages with
sexually explicit material, including a warning in the subject line
and requiring an additional step to view the material after opening
the message. If the use of this data includes making telephone sales
calls, such compliance includes, but is not limited to, scrubbing
the list against government Do Not Call lists. If reselling,
sharing, renting or transferring this data, such compliance
includes, but is not limited to, not reselling, sharing, renting or
transferring the e-mail addresses of recipients who have opt-ed out
of receiving e-mail messages. You agree not to sell, share, rent or
transfer this data to or with any person or entity which does not
agree to use this data in compliance with all applicable state and
federal laws including, but not limited to, the CAN-SPAM Act of
2003, The Gramm-Leach Bliley Act, FTC Telephone Sales Rules, and
Your own privacy policies. You agree to indemnify
Niche Business Lists,
its clients, owners, officers, partners, members, managers,
employees, agents, subsidiaries, and their respective successors and
assigns, against any and all claims, damages, liabilities, costs and
expenses (including reasonable attorney's fees) arising from or
related to Your breach or alleged breach, or the breach or alleged
breach of any person or entity to whom You may have sold the data,
of the promises and obligations herein.
11. PROTECTION OF DATA:
You agree to follow all applicable state and
federal laws concerning the protection and use of personal record
data including but not limited to The Gramm-Leach Bliley Act and the
FTC Telephone Sales Rules and Your own data protection policies.
Furthermore, we will not be held responsible for your actions in
terms of how this data is used. Use your discretion when using this
data by adhering to all your State laws, Do Not Call List Laws, and
any other regulations required by your State and County.
By
purchasing data from us you fully understand and agree to these
License Terms.
Copyright Niche Business Lists 2008 - 2009
Niche Business Lists
