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		Terms and Conditions 
	
This Agreement is a binding contract between "Customer" and Yesmail Direct, an info USA, Inc. subsidiary ("infoUSA") and governs Customer's use of the applicable service, information, or product (Product). Use of the Product constitutes Customer’s consent to these Terms and Conditions. Do not use the Product if you find the Terms and Conditions unacceptable. infoUSA reserves the right to change these terms from time to time upon reasonable notice to Customer.

1. Customer Responsibilities. Customer agrees and warrants that all information or data which Customer receives from infoUSA or any subsidiary, shall be used only in strict compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including but not limited to those concerning privacy, telephone solicitation, fax broadcast, e-mail transmission, direct marketing, consumer lending, and employment. Customer acknowledges that it is Customer's sole responsibility to determine the applicability of any such laws, rules, regulations and ordinances. Customer shall be solely responsible for the use of the Product and information contained therein. Customer shall indemnify and hold harmless infoUSA, and any subsidiary corporation, against any loss, liability, damage, cost or expense, including reasonable attorneys' fees, suffered or incurred by infoUSA, and/or any subsidiary corporation, arising out of or in any way related to the breach of this Customer warranty or the Agreement. Customer acknowledges that infoUSA is a member of the Direct Marketing Association (DMA) and warrants that Customer will strictly comply with all applicable laws and DMA guidelines. In addition, Customer acknowledges that Customer has read the infoUSA Privacy Statement and will comply with all other terms and policies therein. Customer makes a special warranty, without limiting any other specific or implied Customer responsibilities, that any list or information provided to infoUSA for amending and receiving email on behalf of Customer has been collected in compliance with the CAN-SPAM Act of 2003 and all other laws and regulations. Customer further warrants that no recipient will consider the service spam. "Spam" means "Unsolicited Bulk Email." “Unsolicited” means that the recipient has not granted verifiable permission for the message to be sent. “Bulk” means that the message is sent as part of a larger collection of messages, all having substantively identical content. Customer has the sole duty of receiving an explicit “opt-in” from each recipient prior to forwarding information to infoUSA for commencement of the service. Failure to uphold this duty, or an abundance of spam complaints as determined solely by infoUSA, may result in an immediate termination of the service and a full forfeiture of all Customer’s payments and owed charges.

2. Disclaimer of Warranty and Limitation of Liability. The Product is provided on an "as is" basis. InfoUSA does not assure or warrant the correctness, comprehensiveness or completeness of the Product or any information therein, and Customer agrees and acknowledges that infoUSA shall not be liable for any loss or injury caused in whole or in part by contingencies beyond its control. EXCEPT AS EXPLICITLY PROVIDED FOR BELOW, infoUSA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. InfoUSA IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, InfoUSA EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT. CUSTOMER EXPRESSLY AGREES THAT infoUSA SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO GENERAL, DIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES) WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE AND/OR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, 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. In no event shall infoUSA's entire liability exceed the total amount paid by Customer to infoUSA under this Agreement. IN LIEU OF ANY AND ALL SUCH WARRANTIES, infoUSA HEREBY OFFERS THE FOLLOWING LIMITED WARRANTY: CUSTOMER SHALL HAVE 14 DAYS AFTER RECEIPT OF THE PRODUCT, TO INSPECT IT AND NOTIFY infoUSA OF ANY PROBLEMS OR MISTAKES. If infoUSA has made a material mistake, then infoUSA will correct the mistake at no additional charge. Or, in its own discretion, infoUSA may refund a portion of the purchase price or the whole purchase price to compensate for the Product’s defect. If Customer does not notify infoUSA within 14 days of its receipt of the Product of a problem or mistake, Customer then accepts the Product "as is." After the 14 day period has elapsed, infoUSA shall have no liability whatsoever to Customer. In addition, Customer acknowledges that Customer has read the infoUSA Privacy Statement and will comply with all other terms and policies therein. infoUSA will not retain any information originally provided by Customer except as needed to perform this Agreement or as required by law. Neither party gains title to any information or data that it originally receives from the other.

3. Advertising. Customer acknowledges that advertising purchased through infoUSA may be fulfilled by infoUSA in one or more of the following media: Hard Bound Directory, Buyers Guide or on-line at the appropriate infoUSA website. Once the Customer's advertisement is displayed on-line or printed in the Hard Bound Directory or Buyers Guide, all advertising obligations of infoUSA will be considered fulfilled and shall not be subject to full or partial refund claims by the Customer. Customer warrants that infoUSA has a right to use the text and images appearing in the submitted advertisement, and agrees to indemnify and hold harmless infoUSA for all expenses, costs, and damages associated with any and all claims based in whole or in part on a third party's rights to such text or images.

4. Choice of law, forum, and jurisdiction. This Agreement and any disputes arising hereunder, or otherwise related to the sale and/or use of the Product, or any portion thereof, shall be governed by the internal laws of the state of Nebraska, without regard to any conflicts of law principles. Both infoUSA and Customer agree that any action, suit, or other legal proceeding regarding any matter arising under or relating to any provision of this Agreement, or otherwise relating to the sale of the Product shall be commenced only in the state or federal courts located within Douglas County, Nebraska, and each party to this Agreement consents to the exclusive jurisdiction of such courts.

5. General. The terms herein, along with the policies explained within the infoUSA Privacy Statement and the Yesmail Rules of Use, sets forth the entire understanding (Agreement) between the customer and infoUSA and supersedes all previous agreements, provisions or representations relating to the foregoing. If any provision of this Agreement shall be found to be unlawful, void or unenforceable for any reason, that provision shall be deleted from this Agreement and such deletion shall not affect the validity and enforceability of the remaining provisions.  

6. Payment and Term. Customer agrees to pay infoUSA a fee or multiple fees in accordance with the billing terms in effect at the time a fee is due and payable. Any and all fees are nonrefundable. Customer's acceptance of this Agreement constitutes its authorization for infoUSA to automatically charge the credit/debit card provided by Customer. Customer agrees to provide infoUSA with complete and accurate billing and contact information, including: name, street address, e-mail address, and name and telephone number of authorized billing contact. Customer agrees to provide infoUSA with updated information within 30 days of any change to billing information. If billing information is determined to be fraudulent, infoUSA may immediately terminate this Agreement, and it reserves the right to pursue any and all legal remedies. If Customer's payment is declined, infoUSA may restrict Customer's ability to use the payment method that was declined. Failure of the recurring payment process does not absolve Customer's payment obligations under this Agreement.

7. Cost of collection and enforcement.  Any individuals accepting this Agreement on behalf of the parties represent and warrant that they have the power and authority to execute this Agreement and bind their respective parties. ANY INDIVIDUAL AGENT, OFFICER OR REPRESENTATIVE OF THE CUSTOMER THAT ACCEPTS OR VALIDATES THIS AGREEMENT ON BEHALF OF THE CUSTOMER MAKES A PERSONAL GUARANTY TO BE HELD JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER. All past due payments, including any payments which have been accelerated pursuant to this paragraph, shall incur interest at the rate of one and one-half percent (1.5%) per month. Customer agrees to reimburse infoUSA for all costs and expenses, including but not limited to, reasonable attorney fees and costs of collection, incurred by infoUSA in connection with the enforcement of this Agreement or any provision hereof. If at any time Customer has failed to pay two or more payments, Customer will be in default and the full balance due, including but not limited to all reasonably anticipated payments, and these payments shall immediately become due and payable.
* I agree to the above terms of service.
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