Prohibited Use of Our Website
By accessing and using our website, you agree to use it only for lawful purposes and in compliance with these Terms and Conditions. The following activities are strictly prohibited:
- Unlawful Activities
- Using the website to engage in any activity that violates applicable local, state, national, or international laws or regulations.
- Using the website to engage in any activity that violates applicable local, state, national, or international laws or regulations.
- Unauthorized Access
- Attempting to gain unauthorized access to any part of the website, servers, databases, or systems connected to our website.
- Engaging in hacking, password mining, or other means to compromise the security or integrity of the website.
- By accessing our website or purchasing our database services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and all applicable laws. If you do not agree, please discontinue using our services immediately.
4. Payment Terms
- Payment must be made in full before accessing our data services unless otherwise agreed upon in writing.
- Refunds or credits are issued only in the case of proven non-deliverability or as per agreed terms.
Due to the digital and irrevocable nature of our data products, all sales are final and non-refundable. By completing your purchase, you acknowledge and accept that:
Downloaded or accessed data cannot be returned, exchanged, or refunded. - You are entering into a binding purchase agreement.
- Any issues related to the data must be reported within 10 business days for resolution, but this does not guarantee a refund.
- This policy is designed to protect the integrity of our databases and prevent misuse or duplication.
Error-Free Operation: While we strive to maintain a seamless experience, we cannot guarantee that the website or services will be uninterrupted or error-free.
Third-Party References: Links to external websites or third-party services are provided for reference only, and we make no warranties about their accuracy or reliability.
Responsibility of Use - State clearly that it is the buyer’s responsibility to ensure compliance with their chosen Email Service Provider’s (ESP) policies, such as those related to acceptable bounce rates, abuse rates, and restrictions on purchased lists.
- Highlight that some ESPs may restrict the use of purchased lists, and the company cannot be held accountable for abuse reports, account suspensions, or similar consequences.
Data Validity and Usage - Specify that the data is sold “as is,” without warranties or guarantees regarding its accuracy, deliverability, or performance.
- Clarify that any third-party cleaning or removal of emails from the provided list will not be considered as invalidating the data provided.
Processing Time - Outline the standard processing time (e.g.,6-7 Business Days) for order fulfillment, while allowing flexibility for unexpected delays.
- Include a clause that the company will communicate any changes in data quantity or delivery timelines.
Performance Disclaimer - Clearly state that the company does not guarantee response rates, open rates, click-through rates, or other measures of email marketing effectiveness.
- Make it the buyer’s responsibility to manage their campaigns and understand that results may vary.
Order Adjustments - Include provisions for addressing discrepancies in data quantities or counts.
- Ensure buyers are informed about potential changes during fulfillment and their rights in case of such changes.
5. Accuracy and Updates
You acknowledge that some records may become outdated over time, and we offer replacement policies for hard bounces or invalid records as specified in our service terms.You are responsible for ensuring compliance with local, state, and federal regulations when using our data.
We strive to provide accurate, up-to-date, and verified data. However, we do not guarantee 100% accuracy due to the dynamic nature of information.
The data provided is licensed for your use and is not sold outright.
You agree not to resell, redistribute, or share our data with third parties without prior written consent.
6. Intellectual Property
- All content, including but not limited to text, images, data, and software on our website, is the intellectual property of [Nextwave Analytics].
- You may not copy, reproduce, modify, or distribute any content without our prior written permission.
7. Confidentiality
- Both parties agree to maintain the confidentiality of proprietary information shared during the course of the business relationship.
- You are responsible for safeguarding the data provided and ensuring it is used solely for its intended purpose.
8. Limitation of Liability
- [Your Business Name] is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services.
- Our total liability is limited to the amount paid for the service.
9. Prohibited Activities
- You agree not to use our services for illegal, unethical, or unauthorized activities, including spamming, unauthorized marketing, or violating applicable data protection laws.
- Any misuse of our services may result in immediate termination without refund.
10. Termination
- We reserve the right to terminate or suspend access to our services if you violate these Terms.
- Upon termination, all rights and licenses granted to you will cease immediately.
11. Governing Law
These Terms are governed by the laws of [Your Country/State], without regard to its conflict of laws principles. Any disputes will be resolved in the courts located in [Your Jurisdiction].
12. Modifications to Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to our website, and your continued use of our services constitutes acceptance of the updated Terms.
13. Contact Information
For questions or concerns regarding these Terms, please contact us:
- Email: [Your Contact Email]
- Phone: [Your Contact Phone Number]
- Address: [Your Business Address]