Terms and Conditions

Unless you have a written Services Agreement in place between you and eBusiness Prospects, your use will be controlled and you will be bound by the terms and conditions of our agreement in addition to these terms.

Terms and Conditions for Use of eBusiness Prospects Data and Services

Please read these Terms & Conditions carefully because they form a legally binding agreement between you and eBusiness Prospects. These Terms apply to any data that is linked to these Terms. You automatically agree to these Terms by using eBusiness Prospects' goods and services. Please keep in mind that we make our data available on a variety of websites. eBusiness Prospects may provide you with data for your use under the terms of a separate agreement. The separate agreement's extra terms become part of your agreement with us. eBusiness Prospects offers you a limited, non-exclusive, non-transferable, non-sub licensable right to use the data for your own internal purposes throughout the length of our agreement, unless otherwise agreed in a separate agreement. If you do not agree to these Terms, please stop using eBusiness Prospects data immediately.

You

You must be at least 18 years old, agree to these Terms, and give true, complete, accurate, and current contact and billing information in order to utilize our data. If you are given an account, you may be subject to additional terms that govern your use of our data. You are not permitted to share the information with any other person or entity. Please inform eBusiness Prospects as soon as possible if you suspect the data given to you has been tampered with.

Term and Termination

When you agree to these Terms, the agreement between you and eBusiness Prospects begins. The agreement will last for as long as you have the data from eBusiness Prospects or until we terminate your service Terms. eBusiness Prospects or you may terminate your agreement at any time and for any reason by providing the other party notice. We may suspend your agreement at any time, with or without cause.

Ownership

eBusiness Prospects owns all right, title, interest, and proprietary rights to the data, including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights. If you provide suggestions, comments, ideas or recommendations, requests for enhancements, or other feedback to eBusiness Prospects, you hereby assign all right, title, interest, and proprietary rights, in and to the Feedback to eBusiness Prospects. All licenses granted to you pursuant to this agreement or any applicable agreement with eBusiness Prospects are expressly conditioned upon your compliance with these Terms. All rights not expressly granted hereunder are reserved to eBusiness Prospects. Any use of the data not expressly authorized in this agreement is strictly prohibited.

Rules and Restrictions

Unless specifically authorized in advance and in writing by eBusiness Prospects, you will not share, sell, transfer or otherwise make the data available to any third person or entity. You will use your best efforts to prevent the misuse or unauthorized use of the data by any third person or entity.

You may not disassemble, decompile, reverse engineer, modify, or otherwise alter the data or any part thereof.

- You may not use the data to store or transmit data that infringe a third party’s privacy right or intellectual property right.
- You may not use the data in connection with any mobile application (for example, for iOS and Android).
- You many not co-brand or otherwise provide the data on behalf of any third party;
- You will not name or refer to eBusiness Prospects or your use of the data in any of your advertisements or promotional or marketing materials.
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to eBusiness Prospects and to enable such data to be lawfully collected, processed, and shared by eBusiness Prospects for the purposes of providing the data or as otherwise directed by you.
- You may not send Spam of any sort.
- You will not use the data to create, send, or display pornography, sexually explicit content, or campaigns promoting or supporting terrorism or violent extremism.
- You will not use purchases, rented, or third-party lists of email address.

- You agree and warrant that your use of the data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including, but not limited to, CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, any State Registry laws, do-not-call lists, Canada’s Anti-Spam Law, and all applicable guidelines of the Direct Marketing Association (“DMA”). You will comply with all Laws applicable to the campaigns sent through the data, including those relating to (i) acquiring consents (where required) to lawfully send campaigns, (b) the content included in the campaigns, and (c) your campaign deployment practices.

- You acknowledge that certain data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.

eBusiness Prospects reserves the right to review your use of the data to ensure compliance with these Terms, but any failure of eBusiness Prospects to review such use will not constitute acceptance of such use or waive any of eBusiness Prospects rights hereunder or limit any of your obligations with respect to these Terms and the data.

eBusiness Prospects further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with access to the data.

Indemnification

You agree to indemnify, defend, and hold harmless eBusiness Prospects, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your violation of these Terms or your use of the data.

Equitable Relief

Your violation of these Terms may cause irreparable harm to eBusiness Prospects. We have the right to seek injunctive relief or other equitable relief if you violate these Terms.

Additional Remedy of Termination

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

No Assignment by you

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

Governing Law; Jurisdiction

All matters relating to these Terms and the data shall be governed by and construed under the laws of the State of Texas, without regard for the principles of conflicts of law of that State or any other state. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Houston, Texas. 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.

Entire Agreement

These Terms and any additional agreements contain the entire understanding between you and eBusiness Prospects and supersede any prior understandings or agreements, oral or written, relating to the subject matter of these Terms. These Terms may only be amended by a document signed by you and eBusiness Prospects. No waiver of any breach of these Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

If there is a conflict between these Terms and any agreement where you were assigned an account, the agreement where you were assigned an account will control to the extent of the conflict.

eBusiness Prospects
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