EMAIL LICENSE SUPPLEMENT
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 organization or individual ("Licensee") licensing the use of certain copyrighted company profile data ("Data") compiled by MNI and accessed through a web-based subscription service ("IndustrySelect"). As the Licensee or authorized agent for the Licensee, or an authorized user of the Licensee, I have read, understand, and acknowledge the following:
- I will continue to abide by the terms of the License Agreement ("License").
- I will be provided email addresses for many of the individuals listed in the Data, which I may use in accordance with the terms of this License Supplement.
- I understand that email addresses are available for approximately half of the individuals in the MNI database. For my Data subscription, the exact number may be higher or lower. Over the course of my subscription, new emails may be added, and undeliverable emails may be removed, so I understand the total number may fluctuate. This will have no impact on my subscription pricing.
- I understand that while MNI has made every reasonable effort to ensure the validity of the email addresses and keep up with changes, deliverability cannot be guaranteed. I understand the average bounce 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 my mail server, volume of email sent, and content of my email and subject line, all of which can impact spam filters and blacklists. I understand there are no warranties that the email addresses are error free, and no refunds or credits are provided for bounced emails.
- I understand the email addresses are 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 my 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. I understand that MNI uses hidden seed records and other means to monitor my use of the data to ensure it is in accordance with this License Supplement.
- I understand that it is my sole responsibility to ensure that any emails I send are in full compliance with all local, state, and federal spam laws, including but not limited to the CAN-SPAM Act in the U.S. and CASL in Canada. CAN-SPAM requires that I not use false or misleading header information, I do not use deceptive subject lines, I identify my messages as an ad, I include my valid physical postal address in all emails, I tell recipients how to opt out of receiving future email, I honor opt out requests within 10 days, and I assume responsibility for these items even if I have hired a service provider to handle email marketing on my behalf, among other provisions. Learning about and complying with additional requirements of local, state, and federal laws are my own responsibility. I understand that some email recipients may be physically located in Canada and other countries outside the U.S.
- I understand that individuals listed in the MNI database have not "opted in" to receive email from me nor have they undergone any sort of "opt out" processing. Any contact attempts I make are considered unsolicited. Per CAN-SPAM, I must include a method for the recipient to opt out of receiving future email from me and honor such requests within 10 days. I will not disclose to any recipient that their personal information was obtained from MNI, refer to MNI by name or inference in any email sent, nor suggest in any way that the recipient contact MNI to remove their information from MNI's database.
- I understand that while the content of the emails I send is at my own discretion, the email addresses provided as part of my subscription are for executive decision makers and it is in my best interest to communicate in a professional, courteous, and ethical manner. My email content will abide by the American Marketing Association Codes of Conduct. I understand that MNI reserves the right to request samples of my email content to verify it is in accordance with this License Supplement.
- I further understand that while the content of the emails I send is at my own discretion, I will not knowingly send any emails that violate local, state, or federal laws or promote products or services that are illegal or otherwise inappropriate for this audience. I understand that some email recipients may be minors.
- I understand that MNI cannot make any guarantees as to the success of my emails. I understand that whether my email gets blocked by a spam filter or whether the recipient chooses to open, read, or act on my email is dependent upon factors beyond MNI's control, such as my mail server, from name, subject line, message content, and offer, among other factors. I understand that no refunds or credits are provided should my emails not produce the desired response or lead to damages, lost profits, lost savings, or other incidental or consequential damages.
- This term is not applicable if I have the Premium version. I understand that if I have the Plus version, I can view up to 500 email addresses per day, subject to limitations on how quickly they can be viewed. I understand that compiling or harvesting email addresses directly, through additional personnel, by hiring an outside firm, or by any form of automation or scraping is prohibited. I understand that the intent of the low-cost Plus version is to look up companies and send a limited number of individually personalized emails one at a time to the desired individual at each company. I understand that 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 my subscription.
- I understand that I may not send more than 1 email message to any single email address in any 7-day period, and 3 email messages to any single email address in any calendar month. This excludes recipients who respond to my email for more information or make a purchase.
- I understand that I may use the email addresses in accordance with this License Supplement only while my subscription is active. If I choose not to renew upon expiration, or my subscription is otherwise not in good standing, I must immediately cease any and all use of the email addresses and ensure they are permanently deleted from my CRMs, databases, computers, and files, as well as those of any service provider I hired to handle my email marketing. This excludes recipients who respond to my email for more information or make a purchase. I understand that MNI may require me to sign a deletion agreement attesting in writing that all emails have been deleted.
- I will indemnify, defend, and hold harmless MNI and its respective representatives from any 3rd party claims that may arise related to the use of this Data, and agree that MNI's total liability for any and all claims shall never exceed the purchase amount of the subscription.
- I understand that 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, so all users are aware of the changes. If you have any questions about this License Supplement, which is governed by the laws of the State of Illinois, contact MNI, 1633 Central Street, Evanston, Illinois, 60201 or by email.