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All list owners
must agree to and abide by these Terms and Conditions:
Email List Service License Agreement
The technology for this email list management service ("UNIFIED
CENTRAL") is provided by UNIFIED CENTRAL ("UNIFIED CENTRAL")
and is furnished "as is" under this Agreement for the
fees specified in the current rate schedule. You must read this
Agreement and agree to its terms before you may create an account
for and use UNIFIED CENTRAL.
UNIFIED CENTRAL reserves the right to change this License Agreement,
and any Additional Terms at anytime, effective upon making the modified
provisions available on the UNIFIED CENTRAL (www.UNIFIEDCENTRAL.com)
web site. You are responsible for regularly reviewing these terms
and conditions. Continued use of UNIFIED CENTRAL after any such
changes shall constitute your consent to such changes, including
changes in fees. UNIFIED CENTRAL does not and will not assume any
obligation to notify you of any changes to the Terms of Use and
Notices, or Additional Terms.
Terms.
This Agreement is effective from the date you create an account
on UNIFIED CENTRAL and shall continue for an indefinite period of
time unless or until the account is terminated either by you or
by UNIFIED CENTRAL. UNIFIED CENTRAL may terminate this Agreement
immediately if:
i) failure to comply with the terms of this Agreement,
ii) if your UNIFIED CENTRAL account is dormant for a period of 90
consecutive days, iii) the UNIFIED CENTRAL service is discontinued,
iv) you have an overdue balance for any non-free services or products
purchased on or
through www.UNIFIEDCENTRAL.com,
v) you fail to follow privacy policy practices, excessive message
transmission failures, or
other related issues regarding your mailings or email list(s).
License
UNIFIED CENTRAL grants you a non-exclusive, nontransferable license
to create an account for and use UNIFIED CENTRAL for your organization
in accordance with the terms of this Agreement. The information
provided on this web site regarding Features and Pricing, Privacy
Policy, and Anti-Spam Policy is incorporated herein by reference.
You must include subscribe/unsubscribe information provided by UNIFIED
CENTRAL in each message you send using UNIFIED CENTRAL.
You
may not use UNIFIED CENTRAL to:
a. send Unsolicited Commercial Email messages (UCE) to anyone
without their permission;
b. send unsolicited email messages to email addresses obtained
from any purchased or harvested email lists in which the recipient
did not expressly request to receive your email messages;
c. send email messages that harass, embarrass, defame, abuse,
threaten, are libelous or slanderous, or otherwise violate the
legal rights of any individual, group, or organization;
d. send email messages that contain or link to pornographic
or sexually explicit content, racially or ethnically objectionable
content, content that directly or indirectly promotes the use
of any illegal substances, content that violates laws or regulations
designed to protect minors, or other content deemed to be offensive
or inappropriate by UNIFIED CENTRAL;
e. send email that contains copyrighted material, including
text, graphics (including trademarked material), software or
other material protected by intellectual property law, for which
you do not have authorization to reproduce, publish, or otherwise
distribute;
f. send email that contains a computer virus or other code or
files that could damage, harm, or otherwise disrupt the operation
of anyone else's computer or storage device, or violate the
privacy or security of any individual, group, or organization;
g. perform or promote illegal activities.
h. impersonate, use the name of (without expressed permission),
or misrepresent any individual, group, or organization;
i. violate any applicable governmental laws or regulations or
perform any activity that would cause UNIFIED CENTRAL to violate
any law, statute or regulation. |
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You acknowledge that upon your breach of any of the above mentioned
UNIFIED CENTRAL shall be entitled to equitable relief to protect
its interests, including preliminary and permanent injunctive relief
and you further agree to waive any right or claim to which you may
be entitled to immunity or exemption from liability. UNIFIED CENTRAL
may also seek damages as a result of such breach.
You agree to reimburse UNIFIED CENTRAL for any fees incurred by
UNIFIED CENTRAL in collecting your payment, such as, but not limited
to, bad check processing fees, credit card chargeback fees, and
attorney fees.
Risks.
UNIFIED CENTRAL may have errors and may produce unexpected results.
You agree that any use of UNIFIED CENTRAL will be entirely at your
own risk. You agree to backup data and take other appropriate measures
to protect programs and data. You may not allow a third party to
use your UNIFIED CENTRAL account and agree to indemnify and hold
UNIFIED CENTRAL harmless from any damages or claims arising from
such use by any third party.
"Anti-Spam" and Privacy Policies
You may use UNIFIED CENTRAL only for "opt-in" lists, lists
in which the recipient has voluntarily signed up to be on your list
and has not requested to be unsubscribed. Any messages sent to users
who did not request to be on your lists, whether purchased or otherwise
obtained without the recipients consent, will be deemed as "Spam"
and may result in termination of your account without refund and
legal action, including the pursuit of damages, against you for
violating this "No Spam" policy. You agree to indemnify
and hold UNIFIED CENTRAL harmless from any damages and claims arising
from any violation of this policy. You also agree to abide by and
display a Privacy Policy or link to a Privacy Policy
Limitations of Liability.
IN NO EVENT WILL UNIFIED CENTRAL BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING
OUT OF THE USE OF OR INABILITY TO USE UNIFIED CENTRAL, OR FOR ANY
CLAIM BY ANY OTHER PARTY, EVEN IF UNIFIED CENTRAL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You, at your own expense, will indemnify, defend and hold harmless
UNIFIED CENTRAL, its Affiliates and their employees, representatives,
agents and affiliates, against any claim, suit, action, or other
proceeding brought against UNIFIED CENTRAL or an Affiliate.
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