Terms of Service
The following agreement governs all use of NotifyList.com's services.
1. Terms of Service NotifyList.com and all of its services (the "Service") are provided to you under these Terms of Service and any operating policies that NotifyList.com may establish (the "Agreement"). NotifyList.com may make changes to this Agreement and your continued use of the Service constitutes your acceptance of any such changes. Notice of changes will be posted on the site.
The Service is free, although NotifyList.com reserves the right to charge for it in the future. NotifyList.com reserves the right to modify or discontinue the Service, or any features of the Service, temporarily or permanently, without notice to you and you agree that NotifyList.com is not liable to you should it do so.
You agree not to resell for commercial purposes NotifyList.com's Service or use of or access to the Service.
You agree to provide accurate, current and complete information to NotifyList.com when you register and to let NotifyList.com know of any changes. Failure to do so may result in termination. If you are under the age of 13 years old, you must obtain your parent's consent before using the Service. As part of the registration process, you will be designated a password. You are solely responsible for keeping your password confidential and for all activities that occur under your password or account. Please let NotifyList.com know of any unauthorized use of your password, account, or list created under your account, or any other breach of security.
2. List Owners and List Subscribers
A.List owner A person who creates and/or manages a list is called a "List Owner." The position of List Owner carries with it certain opportunities and responsibilities. For example, as a List Owner, you decide on the subject matter of your list. Being a List Owner also means you can choose to archive your list through NotifyList.com.
It is the sole responsibility of the List Owner to designate the list as either "public" or "private" and to use NotifyList.com's system properly to ensure that any privacy that is desired is achieved.
B.List subscriber A person who joins a list is called a "subscriber." You may subscribe to any list which is open and whose membership requirements you satisfy. You acknowledge that NotifyList.com's Service allows List Owners to remove subscribers from their lists, and to prohibit or remove any content, all in their complete discretion. You agree that NotifyList.com is not responsible or liable for the content, guidelines, requirements, or conduct relating to any list, and is not responsible for resolving any disputes that might arise between or among subscribers, List Owners, or third parties from activities on any list or use of NotifyList.com's Service.
C.You agree that you will not use NotifyList.com's Service to engage in commercial advertising activities unless such use is expressly allowed by NotifyList.com by written consent. Such commercial advertising activities include, but are not limited to, the following activities: 1.Offering for sale any products or services; 2.Soliciting for advertisers or sponsors; 3.Displaying a sponsorship banner or text advertisement of any kind, including those that are generated by banner or link exchange services. 4.Displaying text or graphical advertisements for services that provide cash or cash-equivalent prizes in exchange for hyperlinks to their sites; and 5.Advertising or promoting services that provides cash or cash-equivalent prizes in exchange for hyperlinks to their sites.
3. Minors NotifyList.com hosts lists for those under 18 years of age. However, if you are under 13 years of age, you must obtain your parent's consent before registering. The terms governing the use of the service by minors and children are subject to change at any time without notice.
4. Practices regarding use and storage of data NotifyList.com may from time to time establish general practices and limits concerning the use of the Service, including the maximum number of days that messages. postings or other Content may be retained on the Service and maximum and minimum levels of activity. You agree that NotifyList.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through the Service. You acknowledge that NotifyList.com reserves the right to terminate accounts that are inactive for an extended period of time. You acknowledge and agree that NotifyList.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. Disclosure of Registration and Other Information NotifyList.com will not disclose personally identifiable information about you or your private communications (i.e., content transmitted on private, non-public lists) to third parties, unless NotifyList.com believes such disclosure is reasonably necessary to: (1) comply with the law or legal process; (2) protect or defend the rights or property of NotifyList.com or others; (3) enforce this Agreement; (4) respond to claims that the contents of any communications violate the rights of others; or (5) as otherwise provided in the Agreement.
From time to time, NotifyList.com does disclose aggregate user demographic data to advertisers or other third parties. NotifyList.com may access your lists and related communications for technical processing and to address technical problems or service complaints.
6. Prohibited Conduct You agree that you will not use NotifyList.com's Service to transmit, disseminate or upload:
(1) unlawful, harassing, libelous, tortious, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;
(2) spam, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;
You further agree: (a) that you will not disrupt or interfere with another subscriber's use or enjoyment of NotifyList.com's Service; (b) that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, NotifyList.com's Service, system resources or accounts, or any servers or networks connected to the Service; (c) that you will not attempt to obtain unauthorized access to NotifyList.com's Service, or to private lists on the Service; (d) that you are solely responsible for your actions in relation to NotifyList.com's Service, and for any communications transmitted under your account; (e) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site; (f) that you will not create, operate, or utilize any list whose purpose is to transmit untargeted or unsolicited mass emails, including but not limited to safe email lists; (j) that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and, (k) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.
You agree that NotifyList.com may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.
7. Termination You acknowledge that NotifyList.com in its sole discretion may change, terminate or bar access to your account or to any list in which you are a subscriber or List Owner for any reason, with or without notice to you and without any liability to you or any third party. You may also terminate your account for any reason. To do so, please send an email to help@NotifyList.com.
You also acknowledge that NotifyList.com, in its sole discretion, may suspend or terminate any list for any reason, with or without notice to you and without any liability to you or any third party.
The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification.
Termination will prevent you from using NotifyList.com's Service and cease your subscription to any lists. Termination may result in the deletion of email files in your account, whether or not such messages have been sent. You agree that upon termination NotifyList.com may immediately delete and bar access to any content in your account, including email lists, and cancel your subscription to any and all lists.
8. Proprietary Rights Content available through NotifyList.com including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third party advertiser, is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. You may download one copy of this content for your personal use only, as long as you keep all copyright and other proprietary notices intact, but are prohibited from any other use except as expressly authorized by NotifyList.com or the applicable advertiser. You may not copy, distribute or create derivative works of such content without express permission and you may not "frame" any content into NotifyList.com's site or "frame" content from NotifyList.com's site into any other site.
NotifyList.com does not claim ownership of the Content you transmit through NotifyList.com's Service. By transmitting Content through NotifyList.com for distribution to your NotifyList.com List, you grant NotifyList.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing NotifyList.com's hosting, archiving, subscription, and promotion services.
9. Service Availability and Customer Service Although NotifyList.com strives to maintain the availability of the Service twenty-four hours a day, it makes no representation or promise that the Service will always be available, and you agree NotifyList.com is not liable to you or any third party for the temporary or permanent unavailability of the Service.
10. Promotional Messages
A.NotifyList.com Tag Line You acknowledge that NotifyList.com may include a promotional tag line in every message, the content of which NotifyList.com may change from time to time, but which will be formatted in a manner similar to the following:
B.Third-Party Advertisements From time to time you may receive banner or other advertisements or promotions from third parties while using NotifyList.com's Service. Your dealings with such third parties, including, without limitation, the payment for and delivery of goods and services, and any terms, conditions, warranties, or representations associated with your dealings with third parties are solely between you and the third party. NotifyList.com does not make any representations or warranties with respect to any such dealings or any goods or services which may be obtained from such third parties, and you agree that NotifyList.com shall have no liability therefor.
12. DISCLAIMER OF WARRANTIES NOTIFYLIST.COM'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF NOTIFYLIST.COM'S SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOTIFYLIST.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOTIFYLIST.COM DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT NOTIFYLIST.COM'S SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES NOTIFYLIST.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NOTIFYLIST.COM'S SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH NOTIFYLIST.COM'S SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NOTIFYLIST.COM'S SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NOTIFYLIST.COM DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM NOTIFYLIST.COM'S SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH NOTIFYLIST.COM'S SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTIFYLIST.COM OR THROUGH NOTIFYLIST.COM'S SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NOTIFYLIST.COM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE NOTIFYLIST.COM'S SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH NOTIFYLIST.COM'S SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NOTIFYLIST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT NOTIFYLIST.COM IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT NOTIFYLIST.COM DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF ITS LISTS OR ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT NOTIFYLIST.COM SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF NOTIFYLIST.COM'S SERVICE.
IF YOU ARE DISSATISFIED WITH NOTIFYLIST.COM'S SERVICE, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification You agree to indemnify, defend and hold harmless NotifyList.com, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of NotifyList.com's Service or your violation of this Agreement, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity.
NotifyList.com may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by NotifyList.com, however, shall not excuse any of your indemnity obligations.
15. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of Canada, without giving effect to its conflict of laws provisions. You agree that you will bring any claim or cause of action arising out of your use of NotifyList.com's Service or this Agreement in the courts located within the city of Toronto, Canada and you also agree to submit to the personal and exclusive jurisdiction of those courts.
You agree that any claim or cause of action arising out of your use of NotifyList.com's Service or this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.