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Terms of Use

Updated February 11, 2006

1. GENERAL

a. When you choose to use this Web site, its product (the "Product"), and service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and NewslettersInc.

b. NewslettersInc may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service.

c. YOUR CONTINUED USE OF THE PRODUCT OR SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

d. NewslettersInc may change, suspend or discontinue any aspect of the Product or Service at any time, including the availability of any Service or Product feature, database, or content. NewslettersInc may also impose limits on certain features, products, and services or restrict your access to parts or all of the Product or Service without notice or liability.
	  
   2. CONTENT

a. The contents of the Product and Service are intended for your commercial use only when purchased from NewslettersInc. All materials published on the Product or Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by NewslettersInc or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

b. The Service, Product, and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service or the Product in whole or in part.

c. Copying or storing of any Content for other than personal use is expressly prohibited unless purchased and with written permission from NewslettersInc.
	  
   3. SUBMISSIONS

a. You are solely responsible for the content of any submission you make to the Service or Product. NewslettersInc reserves the right to delete, move, or edit information that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

b. You acknowledge that any submissions you make to the Service or Product may be edited, removed, modified, published, transmitted, and displayed by NewslettersInc and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

c. By submitting information to the Product or Service, you hereby grant to NewslettersInc, its affiliates and related entities (collectively, NewslettersInc) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future, but only with your permission. You also agree to indemnify, defend and hold NewslettersInc harmless for any liability arising due to the use or distribution of those materials. You further grant NewslettersInc the right to use your name in connection with the reproduction or distribution of such material. NewslettersInc, its affiliates and related entities may accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the Service. NewslettersInc, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to NewslettersInc.

d. You must be at least twenty-one (21) years old to register for the Product or Service. In consideration of use of the Product or Service, You agree to: (a) provide true, accurate, current and complete information about yourself and your business, if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by You ("Registration Data") is untrue, inaccurate, not current, or incomplete, NewslettersInc has the right to terminate your account and refuse any and all current or future use of the Service or Product.
	  
   4. USE OF REGISTRATION DATA

You agree that any registration data you provide may be shared with select third party firms ("Partner"), unless you state a preference not to be contacted. NewslettersInc shall inform Partner if You state a preference not to be contacted. However, NewslettersInc shall not be responsible or liable if Partner contacts You, permits a third party to contact You, or provides or discloses Your Registration Data to any third party.

You agree that NewslettersInc, Partner, or a designee of NewslettersInc or Partner may disclose Registration Data to third parties about you and information about Your use of the Service or Product, provided that such disclosures do not include Your name, business, mailing address, email address, telephone or facsimile number, or account number, unless: (a) You have registered to receive any third party products or services, or have otherwise authorized NewslettersInc and/or Partner to disclose such information; (b) such disclosure is required by law or legal process.

This Agreement includes the terms and conditions of the NewslettersInc Privacy Policy, a copy of which is located at Privacy Policy, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.
	  
   5. LINKS

NewslettersInc contains links to other related World Wide Web Internet sites, resources, and partners of NewslettersInc. Since NewslettersInc is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
	  
   6. REPRESENTATIONS AND WARRANTIES

a. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least twenty-one years old. You hereby indemnify, defend and hold harmless NewslettersInc, and all officers, directors, partners, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. NewslettersInc reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

b. You expressly agree that use of the Service and Product is at your own risk. Neither the Service or Product, NewslettersInc, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Service or Product, the content or the results that may be obtained from use of the Service or Product. The Service or Product is provided on an "as is" basis and the Service and Product, and NewslettersInc specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.

c. The Service, Product, NewslettersInc, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, either in contract or tort, whether or not the possibility of such damages has been disclosed to NewslettersInc in advance or could be been reasonably foreseen by NewslettersInc, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or Product or its content, including, without limitation, losses related to: your use or inability to use the Service or Product; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Service, Product, NewslettersInc, their affiliates, employees, agents, content providers and licensors shall be limited to One Hundred Dollars (USD $100.00) as liquidated damages and not as a penalty.

d. NewslettersInc does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service or Product by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND PRODUCT ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE AND PRODUCT ARE AT YOUR SOLE RISK.
	  
   7. USERNAME AND PASSWORD

You may receive a password and account designation for your sole business use upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) not share or allow use of the Service by any other business than your own, as registered with NewslettersInc, (b) immediately notify NewslettersInc of any unauthorized use of your password or account or any other breach of security, and (c) ensure that you exit from your account at the end of each session. NewslettersInc cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NewslettersInc's sole discretion, and NewslettersInc may refer you to appropriate law enforcement agencies.
	  
   8. FEES AND PAYMENTS

NewslettersInc reserves the right at any time to charge fees for access to portions of the Service or Product or the Service and Product as a whole. However, in no event will you be charged for access to the Product or Service unless we obtain your prior agreement to pay such charges. Thus, if at any time NewslettersInc requires a fee for portions of the Product or Service that are now free, NewslettersInc will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Products page and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by NewslettersInc or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Product or Service through your account. Invoicing will be done only if special services or customization is performed, in which case you shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by NewslettersInc, and you shall pay the amount of such invoices to NewslettersInc. An advance deposit for special services or customization may be required of you. After receipt of an order which adds to the Product or Service, NewslettersInc may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such order. You agree to pay NewslettersInc for such action and expenditure as set forth in any additional order forms for payments related to Products or Services.
	  
   9. SOFTWARE LICENSES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("NewslettersInc Services or Products "). You may not sublicense, assign or transfer any licenses granted by NewslettersInc, and any attempt at such sublicense, assignment or transfer shall be null and void. You may use the software for your business only as mutually agreed upon by NewslettersInc. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from NewslettersInc Software.
	  
  10. CONFIDENTIAL INFORMATION

Each party hereto (“Such Party”) shall hold in trust for the other party hereto (“Such Other Party”), and shall not disclose to any non-party to the Agreement, any confidential information of such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties of ordinary skill in computer systems design and programming.

NewslettersInc hereby acknowledges that during the performance of this contract, NewslettersInc may learn or receive confidential Client information and therefore NewslettersInc hereby confirms that all such information relating to your business will be kept confidential by NewslettersInc, except to the extent that such information is required to be divulged to the NewslettersInc's clerical or support staff or associates in order to enable NewslettersInc to perform NewlettersInc's Service or Product obligation.
	  
  11. TERMINATION

NewslettersInc may, in its sole discretion, terminate or suspend your access to all or part of the Product or Service for any reason, including, without limitation, breach or assignment of this Agreement.
	  
  12. MISCELLANEOUS

a. This Agreement has been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this agreement shall only be brought in the federal or state courts located in Houston, Texas.

b. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the NewslettersInc Privacy Policy.

c. Official correspondence must be sent via postal mail to:
      NewslettersInc
      4582 Kingwood Drive, Suite 135
      Houston, Texas 77345

I have read and agree to the Terms of Use.

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