BY VISITING THIS SITE, THE LICENSEE ACKNOWLEDGES THAT THE LICENSEE HAS READ AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EMAIL LICENSE SUPPLEMENT.
This Email License Supplement ("License Supplement") is made between MNI of Evanston, Illinois ("MNI") and the customer ("Licensee") licensing the use of certain copyrighted company profile data ("Data") over a defined subscription period ("Subscription") compiled by MNI and accessed through a web-based subscription service ("IndustrySelect"). Licensee agrees, understands, and acknowledges the following:
1. Licensee will continue to abide by the terms of the License Agreement ("License").
2. Licensee will be provided access to email addresses ("Email Addresses") for many of the contacts listed in the Data, which it may use in accordance with the terms of this License Supplement.
3. Email Addresses are available for approximately half of the contacts in the MNI database. For Licensee's Data Subscription, the exact number may be higher or lower. Over the course of Licensee's subscription, new Email Addresses may be added, and undeliverable Email Addresses may be removed, resulting in a fluctuation of the total number of Email Addresses. This will have no impact on Licensee's pricing.
4. While MNI has made every reasonable effort to ensure the validity of the Email Addresses and keep up with changes, deliverability cannot be guaranteed. Average undeliverable rate is between 10-25% and can fluctuate based on many factors such as executive turnover, temporary issues such as a full recipient mailbox, and other factors beyond MNI's control such as the reputation of Licensee's mail server, volume of email sent, from name, subject line, and message content, all of which can impact spam filters and blacklists. There are no warranties that the Email Addresses are error free, and no refunds or credits are provided for undeliverable Email Addresses. MNI will, however, provide reasonable assistance to Licensee to help achieve the highest level of deliverability.
5. Email Addresses are licensed exclusively for Licensee's own use and may not be shared in whole or part with any 3rd parties, partners, affiliates, subsidiaries, or parent or holding companies, used to send email campaigns on behalf of other companies or individuals, used to promote products or services other than its own, published or redistributed in any way, resold or transferred to others, or used to create any derivative works or products or services that are competitive in nature to MNI. MNI uses hidden seed records and other means to monitor Licensee's use of the data to ensure it is in accordance with this License Supplement.
6. It is Licensee's sole responsibility to ensure that any emails it sends are in full compliance with all federal, state, and local email marketing laws, statues, and regulations, including, but not limited to, the CAN-SPAM Act. The CAN-SPAM Act requires businesses to include accurate sender information, avoid misleading subject lines, provide a clear opt-out mechanism, honor opt-out requests promptly, include a valid physical postal address, and identify commercial emails as advertisements, among other provisions. Licensee assumes responsibility for these provisions even if it has hired a service provider to handle email marketing on its behalf. Licensee is advised that some contacts listed in the Data may be physically located outside the U.S. and may be subject to additional email marketing laws or restrictions set by other countries.
7. Contacts listed in Data have not "opted in" to be contacted by Licensee nor have undergone "opt out" processing. Any contact attempts made by Licensee are considered unsolicited. Per CAN-SPAM, Licensee must include a method for the recipient to opt out of receiving future email and honor such requests within 10 days. Licensee will not disclose to any recipient that their personal information was obtained from MNI, refer to MNI by name or inference, nor suggest in any way that the recipient contact MNI to remove their information from MNI's database.
8. While the use of the Data is at its own discretion, Licensee will not knowingly violate federal, state, or local laws, nor use the Data to promote products, services, or content that are illegal, illicit, harmful, hateful, inappropriate, or unsuitable for the intended audience. Licensee is advised that some contacts listed in the Data may be minors.
9. MNI cannot guarantee that the use of the Data for email marketing will meet Licensee's requirements or achieve a certain level of success. Whether an email is delivered, open, read, or acted upon is dependent on many factors beyond MNI's control, including, but not limited to, the reputation of Licensee's mail server, volume of email sent, from name, subject line, message content, and offer. No refunds or credits are provided should Licensee's use of the Data not produce the desired results. MNI shall not be liable for special, punitive, incidental, indirect, or consequential damages, loss of value, loss of production, loss of financial advantage, loss of profit or business opportunities resulting from the use of the Data.
10. With the non-exportable versions, Licensee can view up to 500 Email Addresses per day, subject to speed limitations. Compiling or harvesting Email Addresses directly, through additional personnel, by hiring an outside firm, or by any form of automation or scraping is strictly prohibited. The intent of the non-exportable version is to look up companies and send a limited number of individually personalized emails one at a time to the desired contact at each company. Attempting to extract Email Addresses for purposes of building a mass email list is not permitted and will result in additional speed limitations and possible termination of the Subscription.
11. Licensee may not send more than 2 emails to any Email Address in any 7-day period, and 4 emails to any Email Address in any 28-day period. This excludes recipients who have responded to Licensee's emails for more information or to make a purchase, or who have a prior business relationship with Licensee.
12. Licensee may use the Email Addresses in accordance with this License Supplement only while its Subscription is active. If Licensee chooses not to renew upon expiration, or its Subscription is otherwise not in good standing, Licensee must immediately cease all use of the Email Addresses and ensure they are permanently deleted from its CRMs, databases, computers, files, and cloud storage, as well as those of any service provider Licensee may have hired to handle its email marketing. This excludes recipients who have responded to Licensee's emails for more information or to make a purchase, or who have a prior business relationship with Licensee. Licensee may be required to sign a deletion agreement attesting that all Email Addresses have been deleted.
13. Licensee will indemnify, defend, and hold harmless MNI and its respective representatives from any 3rd party claims that may arise related to the use of the Data, and agree that MNI's total liability for any and all claims shall never exceed the purchase amount of the Subscription.
14. All provisions of this License Supplement are by their nature intended to survive termination.
If at any time the terms of this License Supplement change, those changes will be posted to the website for all users. This License Supplement is governed by the laws of the State of Illinois. Any communication regarding this License Supplement should be sent to MNI, 1633 Central Street, Evanston, Illinois, 60201 or
by email.