Terms - Global Emailing Data

Terms

These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your use of any data provided by Globalemailingdata (“Globalemailingdata”), or its parent, branches, affiliated companies, or subsidiary companies established in the USA, Canada, India, UAE, and in other countries not listed in this agreement explicitly, whose data or services are collectively referred to as the “Data.”

The titles and subtitles in these terms are used for convenience only and are not to be considered in construing them. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” These Terms and Conditions (these “Terms”) represent a legal agreement between you and GlobalemailingdataSolutions (“Globalemailingdata”) and govern your use of all of the following:

  1. This website and any related website operated by GlobalemailingdataSolutions (the “Site”);
  2. Any products, services, or applications offered by Globalemailingdata in connection with the Site (the “Products”); and
  3. Any information, data, or other materials contained in or accessible by means of the Site or the Products (the “Information”).

By accessing or using any of the Data, you acknowledge that you have read, understood, and agree to be bound by and comply with these

Ownership
1)
The term “Property” refers to all software, source code, databases, tools, automation scripts, services, software interfaces such as API (Application Programming Interface) or SDK (Software Development Kit), computer programs, files, systems, documentation, information, content, graphics, page layouts, site designs, web frameworks, authentication mechanisms, and user interfaces utilized or provided by Globalemailingdata, work products produced by Globalemailingdata, and derivative works of any of the foregoing. This includes, without limitation, the website or websites made available to you by Globalemailingdata, any HTML programming performed as part of providing you with Data, and any other special programs, scripts, features and functionalities, interfaces, and other work products, ideas, concepts, designs, or techniques which Globalemailingdata may develop, use, or rely upon in providing the Data to you.

2)All Property shall be and remain the property of Globalemailingdata. It is proprietary and covered under all international copyright and patent laws and is not to be infringed upon by any means or mechanisms, explicitly or implicitly, directly or via any other third-party source or mechanisms.

3)As between you and Globalemailingdata, Globalemailingdata shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets, and other intellectual property rights in and to the Property and the Data.

Use of certain Products may be subject to additional terms and conditions, including the payment of fees, which will be posted on the Site. When you register for or use such Products, these additional terms and conditions will apply and will be deemed incorporated into these Terms.

Upon your execution of the Agreement and the payment of all amounts due to Globalemailingdata, you are granted a personal, nontransferable, and nonexclusive license to use the Service or Data solely for your direct marketing, market research, and customer prospecting purposes, in strict accordance with the terms of the Agreement. If no usage period is selected, the license’s term shall be for a period of one (1) year. Globalemailingdata shall retain all rights, titles, and interests in and to the Products/Services and all intellectual property contained therein. Upon expiration or termination of the Agreement, you shall discontinue use of the Service or Data and, as requested by Globalemailingdata, either:

  1. Return the Data to Globalemailingdata without retaining any copies thereof or any notes or other information derived from it, or
  2. Provide a certificate, executed by you, in a form and substance satisfactory to Globalemailingdata, confirming that the Data originating from our Service to you has been destroyed in such a manner as to render the Data permanently unreadable and unrecoverable.

Unless specifically authorized in advance and in a written agreement duly signed and authorized by Globalemailingdata, you will not share, sell, transfer, or otherwise make the Data available to any third party. You will use your best efforts to prevent the misuse or unauthorized use of the Service or Data by any third party.

You will not name or refer to Globalemailingdata or its related entities in any of your advertisements, promotional, or marketing materials regarding your use of the Data.

You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, any other purpose covered by the federal Fair Credit Reporting Act, or any other purpose not expressly authorized by the Agreement.

Your use of the Data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including those regarding telemarketing, email and facsimile marketing, customer solicitation, and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.

You will not make any information available to Globalemailingdata if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, employer policies, or other requirements to which you are bound.

You will not transmit any information, data, images, or other materials that are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene, or otherwise objectionable, or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any third party.

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

You will not violate or attempt to violate the security of any of the Data or the Site, including:

  • Logging in to a server or account that you are not authorized to access.
  • Attempting to scrape, extract, test, scan, probe, or hack the vulnerability of the Site or any network used by the Site or to breach security, encryption, or other authentication measures.
  • Attempting to interfere with the Site by overloading, flooding, pinging, mail bombing, or crashing it.

You will not reverse engineer, decompile, or disassemble any portion of the Data or Site.

You will not “scrape” information from the Site, or use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents available from the Site and generally available to third-party web browsers (e.g., Mozilla Firefox, Google Chrome, and Microsoft Internet Explorer).

You shall:

  1. Provide true, accurate, current, and complete information about yourself if prompted by the registration form or any signup or similar form on the Site.
  2. Maintain and update this information to keep it true, accurate, current, and complete.

You will not violate any applicable international, federal, or state laws, regulations, or rules, or any securities exchange requirements (collectively, “Laws”), including by using any Information in a manner that violates the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation, as such statutes may be amended from time to time.

Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.

Globalemailingdata reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure to review such use will not constitute acceptance of such use, waive any of Globalemailingdata’ rights hereunder, or limit any of your obligations with respect to the Data. At any time, upon at least 3 days’ notice, Globalemailingdata may audit your records to determine whether you are in compliance with this Agreement, and you will make available to Globalemailingdata or its representatives all records necessary for the conduct of such an audit.

You may not develop or derive for commercial sale any Data or other Information in any form, including an individual’s contact information or lists of multiple individuals’ contact information, that you may be granted access to through the use of Globalemailingdata products and services. Except with the prior written consent of Globalemailingdata, you may not transfer or disclose any Data or other Information to anyone else. You may only use the Site for commercial purposes after registering and paying any applicable fees for one or more applicable Services. You may not use the Services in a commercial service bureau environment, including any provision or export of Information to third parties in any form whatsoever. You may use the Services solely for personal and/or your internal business purposes only, subject to the limitations set forth herein and in compliance with all applicable laws, including the U.S. CAN-SPAM Act of 2003 and the Canadian Anti-Spam Legislation.

You may not modify, copy, distribute, display, publish, license, create derivative works from, transfer, or sell any Data or other Information, except that you may store, print, and/or email personal or company summaries of Information as needed for your personal use (provided that such use is in compliance with these Terms).

You are solely responsible for the accuracy of the content of any submission you make to the database through your participation in Exchange or any other similar program. Globalemailingdata reserves the right, but does not assume any obligation, to delete messages or other content that, in its sole discretion, it deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Globalemailingdata does not want to receive confidential or proprietary information from you except for what is or would be publicly available under applicable copyright usage provisions or is free and public information in any publicly accessible open domain such as the Internet or any other such digital or non-digital public source or domain. Any information or material submitted by you to Globalemailingdata through Exchange, or in any other manner, will be deemed NOT to be confidential. By sending any information or other material, you grant Globalemailingdata a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferable, licensing, and sub-licensing right, in all formats or digital or non-digital media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from, and distribute that material or information. You also agree that Globalemailingdata is free to use any ideas, concepts, know-how, techniques, mechanisms, designs, and such that you send for any purpose. You further agree to indemnify, defend, and hold harmless Globalemailingdata from any liability arising due to the use or distribution of any such material or information.

Globalemailingdata may make improvements or changes to the Data at any time without notice. Globalemailingdata shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating from or otherwise provided by third parties except to the extent provided by law.

Globalemailingdata will use reasonable commercial efforts to protect the integrity of data collected by you and stored on the Site. However, Globalemailingdata shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communication failures. Globalemailingdata recommends that you periodically back up your information and web summaries onto media not associated with Globalemailingdata, including printing a hard copy.

Globalemailingdata will use reasonable commercial efforts to provide the Services on a 24/7 basis, but it shall not be responsible for any disruption, regardless of length.

The term hereof will commence when you first access the Data and continue in effect until terminated by either party, provided that your License with respect to particular
Products may sooner expire as provided herein. may, in its sole discretion, terminate or suspend your access to all or part of the Data for any or no reason and with no
prior notice to you; provided, however, if terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for Data, Global Network Point
will recompense you on a pro rata basis for such pre-paid amounts. You may terminate these Terms at any time by discontinuing use of the Data. Upon termination of these
Terms for any reason, the License will likewise terminate and you shall immediately cease using the Data, including the Information. Any provision that must survive in
order to give proper effect to its intent (e.g., indemnity, general, any perpetual or single use license, limitations on liability, disclaimers, representations and
warranties, etc.) shall survive the expiration or termination of these Terms.

The data is provided on a strictly “as is” basis. Globalemailingdata does not guarantee or warrant the accuracy, completeness, or reliability of the data, and, except as stated below, disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

You have 3 days from the receipt of the data to inspect it and notify Globalemailingdata of any issues or errors. If you notify us within those 3 days, we will correct the problem or mistake at no additional charge to you.

Data Guarantee:

  • Emails: We guarantee that 85% of the email addresses provided will be valid.
  • Addresses, Company Phones, Industry, Title, Role, and Other Fields: We guarantee 95% accuracy for these data points.

Email Soft Bounces: For email soft bounces, we recommend switching email providers or changing email sending domains. If the bounce rate exceeds 15% (SMTP error code 5xx), we will provide a replacement for the bounced emails at no additional cost.

Warranty: Globalemailingdata offers a replacement warranty for services/products if the customer submits proof of poor quality or inaccuracy within 15 days of product/service delivery. Acceptable evidence includes:

  • Hard Bounce List: A list of email addresses that resulted in hard bounces.
  • Any Other Reasonable and Verifiable Evidence: Any other documentation or proof demonstrating the issue.

Cancellation and Refunds:

  • No cancellations are accepted after payment.
  • Customers may change the service or scope to a value of no more than the original purchase amount.

Except as provided in the last sentence of Section 11, Globalemailingdata shall not be liable for any claim, demand, loss, liability, damage, injury, cost, or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential, or other damages caused in whole or in part, or directly or indirectly, by any use of the Data or any alleged or actual failure by Globalemailingdata to comply with the terms of the Agreement, regardless of whether such damages were foreseeable or if Globalemailingdata was advised of the possibility of such damages. Globalemailingdata’ maximum liability under the last sentence of Section 11 shall not exceed the amount you paid under the Agreement during the month preceding the event that gave rise to Globalemailingdata’ liability.

Furthermore:

  • Responsibility and Risk: You assume all responsibility and risk for your use of the Data. The Data is provided “as is” without any representations or warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Globalemailingdata expressly disclaims any warranty that the services will be uninterrupted or error-free. Globalemailingdata does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information made available through the Site.

  • Exclusion of Damages: In no event shall Globalemailingdata be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the Data. Globalemailingdata’ liability for any direct damages shall be limited to the amount of the fee you paid for the Data for the then-current period.

  • State Law: Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, Globalemailingdata’ maximum liability for any type of damages shall be limited to $100.

Your use of the Data is subject to Globalemailingdata’ Privacy Policy, which is incorporated into these Terms by this reference. By accessing or using the Data, you acknowledge that you have read, understood, and consent to Globalemailingdata’ Privacy Policy, including the collection, use, and disclosure of information as outlined therein.

Globalemailingdata may update these Terms at any time by posting changes on the Site. Such changes will become effective and binding only after Globalemailingdata provides notice on the Site or via email that the Terms have been updated, and your continued use of the Data after the date of such posting will constitute your acceptance of the changes.

Changes to the Terms will only apply to your use of the Data from the date the changes become effective. Any new or modified fee obligations will only apply if you explicitly agree to them. If you find these Terms unacceptable at any time, you must cease using or accessing the Data.

You shall indemnify, defend, and hold harmless Globalemailingdata, including its stockholders, directors, officers, employees, independent contractors, and agents, from any claims, demands, losses, liabilities, damages, injuries, costs, or expenses (including attorneys’ fees and legal costs) arising directly or indirectly from your actions or omissions related to the Data or any violations of the Agreement or applicable Laws. In addition to monetary damages, Globalemailingdata is entitled to seek equitable relief where appropriate in the event of a breach of these Terms.

You acknowledge that due to the technical nature of the resources required to provide the Data, temporary interruptions in the delivery of the Data may occur. Such interruptions will not result in any liability on the part of Globalemailingdata to you or others, nor will they suspend or eliminate your payment obligations or entitle you to any refunds for amounts previously paid.

You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of global network point, whether by operation of law or otherwise, and any attempt to do so shall be void.

In addition to all other legal rights and remedies available to for any apparent, threatened or actual breach or violation of the Agreement by you, has the right to terminate
the Agreement and demand immediate return or destruction of the Data at any time if believes you are not complying in full with the Agreement.

The Agreement shall be governed by and construed under the laws of the State of New Jersey, 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 New Jersey 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 prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies
it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys’ fees.

Notices intended specifically for you under this Agreement will be sent to the most recent email address on file with Globalemailingdata. Notices to Globalemailingdata should be sent by email to info@globalemailingdata.com.

Payment

You agree to pay fees according to the rates, charges, and billing terms that are in effect at the time the fee or charge is due and payable. All fees are nonrefundable. For subscription-based products, the subscription term will be effective for the agreed-upon period and will automatically renew for the specified renewal period (if applicable) at the then-current subscription price.

Recurring Billing

By accepting these terms, you authorize Globalemailingdata to automatically charge your credit/debit card for the fees due, including for any subscription products, at the agreed-upon intervals during the subscription term. You are responsible for providing accurate and complete billing and contact information, and you must update this information within thirty (30) days of any changes. Failure to complete recurring payments does not relieve you of your payment obligations.

Interest Charges

No interest will accrue on any amounts you fail to pay when due. However, a service charge of $49.00 per month will be applied, and you agree to cover any charges incurred for collection efforts, mediation, or other related expenses, up to the maximum amount permitted by applicable law, on the unpaid balance.

Entire Agreement

These Terms constitute the complete and binding agreement between you and Globalemailingdata regarding the subject matter hereof, superseding all prior understandings, statements, or representations—whether electronic, oral, or written—related to the Data, Site, or any other business dealings and interactions. Some Data, products, and services provided by Globalemailingdata may have additional terms, guidelines, or rules that apply. By using or accessing such Data, products, and services, you agree to abide by these additional terms, guidelines, or rules, which will take precedence in the event of any conflict with these Terms.

Amendments

Any changes to the Agreement can only be made through updated terms issued by Globalemailingdata. No waiver of any breach of the Agreement shall be deemed a waiver of any subsequent breach, whether similar or different in nature, and no waiver shall be valid unless it is in writing and signed by the waiving party. The individual or representative accepting these Terms on behalf of each party affirms that they have been duly authorized by that party to accept the Agreement and bind it to these Terms. These Terms become effective as of the date you accept them.

Waivers

No waiver of any breach of these Terms shall be construed as a waiver of any future breach, whether of the same or a different nature. Any waiver must be made in writing and signed by the party granting the waiver.

If you believe that content on the Site infringes your copyright, you can submit a complaint to Globalemailingdata by providing the following information to info@globalemailingdata.com:

  1. Your Contact Information: Provide your full postal address, telephone number, and email address.

  2. Description of the Copyrighted Work: Clearly describe the copyrighted work that you believe is being infringed.

  3. Location of Infringing Material: Provide a detailed description of where the allegedly infringing material is located on the Site.

  4. Good Faith Belief Statement: Include a statement that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.

  5. Signature: Provide an electronic or physical signature of the person authorized to act on behalf of the copyright owner.

  6. Accuracy Statement: Include a statement made under penalty of perjury affirming that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Agreement may be executed in original form, by facsimile, or in an electronically transmitted Portable Document Format (PDF). It may be signed in multiple counterparts, each of which will be considered an original document.

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