Terms and Conditions for
Trusted-Email-Sender.com
International Council of Online Professionals (iCop™)
Updated October 24, 2004
The Web site located at http://www.trusted-email-sender.com ("Site") is provided by the International Council of Online Professionals (iCop™). The Trusted Email Sender™ program ("Program") is provided by iCop™. Your access to and use of the Site and the Program is governed by this Terms of Use & Membership Agreement ("Agreement"). As used in this Agreement, "we," "us'" or "our" refers to iCop™ and "you" or "your" refers to you, the user of the Site and Program. The Agreement below is the agreement you consent to upon accessing to the Site, applying to, being accepted in and being a member in the Program.
1. Application To The Program
As part of the application process to participate in the Program, you will be providing us with information concerning your business and mailing practices in accordance with the application, listing process and requirements as set out on the Site.
YOU AGREE THAT ALL INFORMATION YOU PROVIDE TO US IS TRUE AND CORRECT.
You acknowledge that we may make such inquiries as we deem appropriate of you, your business and the references you supply to determine whether your participation in the program is appropriate.
2. Participation In The Program
You will be advised as to whether you are accepted into the Program, or your application was rejected and whether you will be listed either as an iCop™ Email Sender or an iCop™ Trusted Email Sender, all of which is in the sole discretion of iCop™ and we may refuse your application, or establish your listing upon such reasons as we deem appropriate.
UPON ACCEPTANCE, YOU ARE THE ONLY PERSON ENTITLED TO PARTICIPATE IN THE PROGRAM.
You agree that all actions taken by you, or any other person that carries out emailings through your business will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and participation in the Program.
3. Fees & Payments
You can always find the current Fees posted on the Site. You agree to pay or have paid all fees and charges incurred in connection with your application to participate in the Program which is nonrefundable; and your Program membership at the rates in effect when the charges were incurred, (including any applicable taxes) along with any additional fees or charges that may be imposed or agreed upon from time to time. Fees and charges concerning your Program membership are nonrefundable after thirty (30) days. iCop™ may change the fees and charges then in effect, but you may always renew your Program membership at the same rate in effect when you were accepted.
If you believe someone is using the Program without your authorization, you may email us at admin@i-Cop.org. You are also responsible for any fees or charges incurred to access the Site or participate in the Program through an Internet service provider or other third party service. YOU, AND NOT iCop,™ ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
4. Privacy
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
5. User Conduct
The Site sets out the terms and conditions for your participation in the Program based on your listing either as an an iCop™ Email Sender or an iCop™ Trusted Email Sender.
YOU AGREE TO CONDUCT YOUR BUSINESS AND EMAILINGS IN ACCORDANCE WITH THE APPLICABLE RULES, REGULATIONS AND GUIDELINES AS POSTED ON THIS SITE ALL OF WHICH FORM PART OF THIS AGREEMENT AND WHICH MAY BE ADJUSTED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
In the event of any change in the nature of your business or your emailings which could affect your status either as an iCop™ Email Sender or an iCop™ Trusted Email Sender, which ever is applicable, you will immediately notify us, so that we may make any appropriate adjustments.
iCop™ reserves the right to carry out its own investigations at any time as it deems appropriate into your business or your emailings while you are participating in the Program and take such actions as it deems appropriate. Any costs or expenses incurred by iCop™ shall be solely for your account and payable upon demand.
In addition to the rules, regulations and guidelines as posted on this Site you agree to use the Program only to send messages and material that is proper. You are specifically prohibited from using the Program to send any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, regulation or rule. Sending messages that contain software viruses, political campaigning, an unsolicited commercial solicitation, illegal chain letter, promotes a pyramid scheme, constitutes unsolicited bulk mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your message.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of iCop,™ nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that iCop™ does not pre-screen all messages, but that iCop,™ and its designees shall have the right (but not the obligation) in their sole discretion to review any message that you send while participating in the Program.
Without limiting the foregoing, iCop™ and its designees shall have the right to terminate your participation in the Program if your conduct or any message violates this Agreement or is otherwise objectionable. You specifically agree that iCop™ is not responsible for any content or message sent using and/or included in the Site or the Program by any third party.
6. Copyright and Restrictions
This Web site contains proprietary material of iCop™ (or material that other suppliers have licensed to iCop™ for their use) which is protected by copyright and other laws respecting proprietary rights. iCop™ retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use the Site content except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.
End users may access any of the information on this Site for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from iCop.™ Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause iCop™ and/or iCop's™ suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by iCop,™ and/or any of iCop's™ suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of iCop;™ distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, time-sharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by iCop.™
If you breach any provision of this Agreement, iCop™ may immediately terminate this Agreement and all licenses, permissions or listings granted hereunder without prior notice and in addition to any other available rights and remedies
7. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. iCop™ can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check iCop™ links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that is provided by iCop,™ or attempt or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8. Accuracy and Availability of Information
The Site contains database information and other content compiled by iCop.™ While we use commercially reasonable efforts to provide accurate information, iCop™ gives no warranty as to the accuracy of the database and other content on the Site. iCop™ reserves the right to withdraw or delete information or content from the Site at any time.
9. Links to Third Party Sites
iCop™ does not endorse the content on any third-party Web site, including Web sites of iCop's™ members or affiliates ("Third-Party Sites"). iCop™ is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that iCop™ is not your agent and is not a party to any transaction at a Third-Party Site.
10. Representations and Warranties
You represent and warrant to iCop™ that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
11. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY i-Cop.org AND ITS MEMBERS OR AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND iCop™ AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, iCop™ DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE OR PROGRAM AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; OR (h) THAT YOUR PARTICIPATION IN THE PROGRAM WILL FACILITATE YOUR BUSINESS.
SPECIFICALLY AND WITHOUT LIMITATION TO ANY OF THE FOREGOING, i-Cop.org, ITS DIRECTORS, OFFICERS, AGENTS OR DESIGNESS DO NOT MAKE ANY WARRANY, REPRESENTAION OR UNDERTAKING AS TO WHETHER YOUR EMAILINGS ARE OR WILL BE DELIVERED TO THE INTENDED RECIPIENT (S).
12. Limitation of Damages
IN NO EVENT WILL iCop™ OR ANY OF ITS MEMBERS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF iCop™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL iCop™ OR ANY OF ITS MEMBERS OR AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY iCop™ FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
14. Indemnity
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of iCop.™
15. Express Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site or the Program may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing." For example, we may send you notices via postings at the Site, which may contain in-house or third-party advertising, or via email, which may also contain in-house or third-party advertising, to any email address that you provide to us during registration as a Program applicant, or at any other time. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
16. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
17. Termination
iCop™ may terminate your membership and/or access, or suspend access to all or part of the Site or the Program, without notice, for any conduct that iCop,™ in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or iCop.™ iCop™ may also elect not to renew your participation in the Program by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
Upon termination, you may at the sole discretion of iCop™ be billed and liable for a five thousand dollar ($5,000) fine. Unpaid fines will be collected by whatever legal means necessary.
Also, you may be: (i) liable for any damages suffered by any recipient of your emailings sent in violation of this Agreement; (ii) subject to having information concerning your business publicly posted as having been banned from participation in the Program; and (iii) subject to your activities being reported to the appropriate authorities, in which case you agree to fully co-operate with any investigation of your affairs.
18. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of iCop™ in a non-electronic record, and any assignment without iCop's™ consent will be voidable at iCop's™ option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
19. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Louisiana, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate iCop™ and/or its members' or affiliates' intellectual property rights, iCop™ and/or its members or affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Louisiana, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Rapides County, Louisiana. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Rapides County, Louisiana under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
20. Amendments
iCop™ may change the provisions of this Agreement. When iCop™ changes the terms of this Agreement, iCop™ will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your membership in the Program. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, applying or otherwise participating in the Program, if you use the Site or continue to participate in the Program after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
21. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by iCop™ except in a signed, non-electronic writing signed by an authorized representative of iCop.™
22. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and iCop™ or its affiliates as a result of this Agreement or your use of the Site.
Contacting the Web Site
If you have any questions about this agreement, the practices of this site, or your dealings with this Web site, you may contact:
jl scott, ph.d., Director
International Council of Online Professionals (iCop™)
1002 Pine Lake Drive, Pineville, LA 71360 USA
318-445-9931
Office Hours: Mon-Fri, 9AM-5PM CST (ONLY)
jlscott@trusted-email-sender.com
