Acceptance of the LISTBOX.COM Service Agreement. IC Group, Inc. ("IC Group") agrees to provide email forwarding and related services (the "Service") to you (the "Customer") under the term of LISTBOX.COM Service Agreement (the "Agreement"). By using the Service, you agree to be bound by all of the terms set forth herein. If you do not accept these terms and conditions as they exist on the date of your use of the LISTBOX website, then do not use the LISTBOX website.
Title. LISTBOX and the LISTBOX logo are service marks of IC Group, and are registered internationally. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use IC Group's or LISTBOX's name, logos, trademarks or other intellectual property displayed on this LISTBOX website except as expressly provided herein or by obtaining the written permission of IC Group or such other third party owner, as applicable. All content found on the LISTBOX site is copyrighted and protected by national and international law. You acknowledge that IC Group will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
Acceptable Use. Customers will not use the Service for any unethical or illegal activity, or transmit any text, data, graphics, or other material for any illegal purpose or which is related to illegal activity, or in violation of another's rights, including, but not limited to, copyrights, trade secrets, and privacy. The customer shall not transmit or receive any threatening, harassing, libelous or obscene material. The Customer shall not transmit or receive any material which is deemed illegal by any local, state, federal, or international law. The Customer shall not use the Service in conjunction with spamming, sending bulk email, or sending unsolicited email. To do so will result in a fine of $5,000. Customer may not resell the Service without the written consent of IC Group. IC Group, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of this Service Agreement, or for any other reason that IC Group considers compelling in IC Group's sole discretion if IC Group believes that the Customer is in any way misusing the service. You may view, download, print, and copy materials on this LISTBOX website for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials except where you have otherwise received permission from LISTBOX; (ii) any copies that you may make must be marked "Copyright IC Group, Inc. All rights reserved"; and (iii) you retain all copyright and propriety notices originally contained in the materials on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this LISTBOX website for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this website or any materials contained on this LISTBOX website except as expressly provided herein.
Linking. Unless you are a Customer that is linking to this LISTBOX website in order to use the LISTBOX service, you may not provide links to this LISTBOX website without the express permission of IC Group.
Disclosure. IC Group will not monitor or disclose the contents of Customer's list, except when required by or under exigent circumstances to protect the personal safety of its customers or the public, when required to do in the course of system maintenance, or when requested by the Customer.
Warranty. IC Group makes no warranties of any kind, either expressed or implied, for the Service. IC Group disclaims, without limitation, any warranty of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the performance of, or arising out of the use of the Service is borne by the Customer. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to the Customer and the Customer may have other legal rights that vary by jurisdiction.
Limitation of Liability. Under no circumstances and under no legal theory, tort, contract, or otherwise shall IC Group be liable to Customer or any other person for any indirect, special, incidental, or consequential damages including, but not limited to, loss of data, delays, misdeliveries or service interruptions caused by IC Group's negligence, Customer's negligence, or unforeseeable acts. Your sole remedy for dissatisfaction with the LISTBOX website, related services and/or content or information contained within the LISTBOX website is to stop using the LISTBOX website or such services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to Customer. In no event will IC Group be liable for any damages in excess of what IC Group has received from Customer for the Service.
Intellectual Property. Customer agrees that their LISTBOX list does not interfere with the intellectual property rights of any third party, and is not being used for any illegal purpose. Violation is ground for immediate Service termination.
Third-Party Links. This LISTBOX website may provide links to third-party websites. Any such links are provided solely as a convenience to you. IC Group has no control over these websites or their content and does not assume any responsibility or liability for these websites. IC Group does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this LISTBOX website, you do so at your own risk.
Third-Party Materials on LISTBOX.COM Website. This LISTBOX website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. IC Group has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no even shall IC Group be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
Unauthorized Material on LISTBOX.COM Website. A possibility exists that the LISTBOX website could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the LISTBOX website by unauthorized third parties. Although IC Group attempts to ensure the integrity of the LISTBOX website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the LISTBOX website. In the event that such an inaccuracy arises, please inform us so that it may be corrected.
Indemnification. Customer agrees to indemnify and hold IC Group, its affiliates, officers, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the Customer's use of the LISTBOX Service, the violation of the Agreement by the Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property of other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Customer communication.
Financial Loss. If Customer misuse of the Service results in financial loss to IC Group, the Customer agrees to fully compensate IC Group for costs and damages incurred.
Modification. IC Group reserves the right to modify the Service or change the terms and conditions of this agreement. IC Group shall provide notice of such changes by posting on its World Wide Web site. Customers not agreeing to the modified agreement may terminate the Service. Continued use after such material has been posted shall be deemed acceptance of the agreement by the customer.
Notice. Any notice required shall be given as follows: Notice from Customer to IC Group shall be in writing via certified mail or email. Notice from IC Group shall be in writing and shall be made by certified mail, email, or posted on the IC Group web site.
Termination. LISTBOX Service may be terminated, effective immediately, by either IC Group or the Customer at any time upon written notice to the other party. Upon termination, Customer's right to use Service immediately ceases. IC Group shall not be liable for any third party termination of the Service.
Severability. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this agreement.
Waivers. No waiver on the part of IC Group to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power, or provision.
Entire Agreement. This Agreement sets forth the provisions with respect to the subject matter herein and supersedes all prior agreements and understandings, whether oral or written, relating to the subject matter.
Action Limit. No action, regardless of form, arising out of, or in any way related to the subject matter of this agreement, may be brought more than two years after the cause of action has risen.
Governing Law. By entering this LISTBOX website, you acknowledge and agree that IC Group operates this website from its offices within the United States of America and that this LISTBOX website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. IC Group makes no representations that the materials on this website are appropriate or available for use outside the United States. If you choose to access this LISTBOX website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. You may not use this LISTBOX website in violation of United States export laws and regulations. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania in the United States of America, without giving effect to its conflicts-of-laws provisions. The Customer agrees that any action brought under, arising out of, or in connection with this agreement, or any alleged breach hereof, the sole forums shall be the United States Federal Court sitting in Philadelphia, Pennsylvania, or Commonwealth of Pennsylvania courts sitting in Harrisburg, Pennsylvania, and that any action commenced in such courts shall not be transferred or removed to any other state or federal court. The Customer agrees to the exclusive personal jurisdiction and venue of such courts.
Listbox Anti-Spam Policy. IC Group has zero tolerance for those who use their listbox.com mailing list in conjunction with spamming. Listbox mailing lists are strictly opt-in, as described in the LISTBOX ANTI-SPAM AND OPT-IN SUBSCRIPTION POLICY, and customers may not use their listbox.com address to distribute any unsolicited mail, opt-out lists, or illegal material. Listowners may not restrict the ability of their list subscribers to unsubscribe from their list, or refuse to unsubscribe any subscriber who has requested it. List subscribers are the source of our information about whether or not they requested to receive your list. Any use of a listbox.com list in conjunction with spam will result in a fine of $5,000. If you fail to pay this fine we will turn it over to a collection agency. IC Group, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of the Service Agreement, or for any other reason that IC Group considers compelling.
Listbox provides email distribution services for opt-in addresses only. Opt-in addresses mean that all addresses that you add to your Listbox list are from people who have actually asked to receive email from you, by either taking the initiative to add their email addresses to your list, or checking a box on a document provided by you indicating to you that they wish to receive mail from you in the future.
Opt-out addresses, or addresses collected from a form where people have to check to indicate they do NOT wish to receive mail, are a violation of Listbox Terms of Service. In that respect, any purchased, leased, or borrowed lists may not be used in conjunction with Listbox Service without an Affiliate Agreement on record with Listbox.
When uploading a subscriber file to Listbox, the listowner certifies that all email addresses in that file have been collected by verifiable opt-in methods. If you upload a subscriber file, Listbox has the right to review that file, request details on your collection methods and delay addition of the email addresses it contains, at our sole discretion.
In addition, every message sent through Listbox must contain a web-accessible method for subscribers to opt to leave your list after such subscriber is on your list. Subscribers who opt to leave your list are considered to have opted out and cannot be re-added to your list by you without having re-added themselves as described below. Subscribers may re-add themselves by confirming their wish to re-join the list, but you may not reactivate them without confirmation. Once a subscriber has opted out, you must cease sending emails to the subscriber's address promptly after you have received the opt-out request.
Subscribers may also be removed from your list by Listbox if they are determined to be bouncing or they have reported your message as spam.
Listbox requires all lists to be CAN-SPAM compliant. If your list sends commercial messages, or messages that include commercial content, your physical address must be included in the footer of every message. All header information included in any commercial emails must be accurate and may not be misleading. Misleading header information includes information that is technically accurate but includes an originating email address, domain name, or IP address that was obtained by false or fraudulent pretenses or misrepresentations. Subject headings that are misleading about the content or subject matter of the message are also prohibited.
Any use of a listbox.com list in conjunction with spam or messages that do not follow our Opt-In Subscription policy will result in a fine of $5,000. If you fail to pay this fine we will turn it over to a collection agency.
IC Group, at its sole discretion, may terminate Service if the Customer fails to comply with any of the terms of the Service Agreement, or for any other reason that IC Group considers compelling.
Listbox © 1996—2013. The Listbox Name and Logo are registered trademarks of IC Group, Inc.