WHO'S MAILING WHAT! USER AGREEMENT

NOTICE: This is a binding legal agreement. Please read carefully before you click on the "Activate Membership" button. By clicking on the "Activate Membership" button, you are agreeing to be legally bound by all of the terms and conditions set forth below.

This page contains the User Agreement ("Agreement") between you and DirectMail2.0 LLC, located at 600 Cleveland Street, Suite 480, Clearwater, FL 33755, the parent company of the Who's Mailing What! website (the "Site"). The term "Site" as it is used in this Agreement includes any wireless device optimized version of the Who's Mailing What! website.

In this Agreement, "you" and "your" refer to the person or entity accessing the Site.

1. Grant of Limited Rights

DirectMail2.0 LLC grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided therein, and to download or print content displayed on our Site provided that you comply fully with this Agreement. You may use the Site for your personal professional activities.

Unless expressly licensed under a separate agreement with DirectMail2.0 LLC, you may not make any commercial use of the Site, including through charging others for access to, or selling collections of, material gathered from the Site. You are not permitted to copy any portion of our Site for distribution to others. Any other use, including without limitation the reproduction, modification, distribution, transmission, republication, display, performance, re-hosting, tampering, framing, or embedding of the Site, is strictly prohibited without our prior written consent. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content from the Site in an automated fashion. When retrieving information from the Site, you are prohibited from using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a commercially available web browser. Without limiting the foregoing, you expressly agree that you will not, and will not permit others to attempt to sell or otherwise provide materials obtained through this Site to third parties.

2. Your Password

As part of the registration process, you will select a password. Under no circumstances may you permit any other person or entity to use your password for the purpose of accessing the Site, nor may you use your password to access the Site for the benefit of anyone else. You are solely responsible for maintaining the confidentiality of your password.

3. Copyright and Trademarks.

The Site is owned or licensed by DirectMail2.0 LLC. DirectMail2.0 LLC retains all right, title, and interest in and to the content of the Site, including the selection, organization and arrangement thereof. The example advertisements archived by the site are covered by copyright laws protecting the rights of the advertiser. Before reproducing all or part of any advertisement for commercial use, you should contact the advertiser for permission. Archives are provided for research purposes only. Copyright, trademark and other laws protect the Site and its content. DirectMail2.0 LLC shall not be liable for violations of rights of copyright holders whose creative works are archived by the site.

4. Forums and User Submissions

The Site may include features such as chat rooms, bulletin board services or other interactive communication facilities (collectively, the "Forums"), which permit users to post content ("User Content"). DirectMail2.0 LLC cannot and does not undertake to review all User Content. DirectMail2.0 LLC reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any User Content that DirectMail2.0 LLC in its sole discretion determines violate this Agreement or are contrary to any DirectMail2.0 LLC policy or DirectMail2.0 LLC's business interests and customer relations.

You are entirely responsible for all User Content that you share. You represent and warrant, in posting any User Content, that: (a) you own or otherwise have all necessary rights in and to the User Content, or that they are in the public domain; and (b) the User Content is authentic, true, accurate, current and complete. You further agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law (iv) that violates the copyright or intellectual property rights of any person or entity, (v) constitutes a virus or any other harmful component, that may harm, interfere, or modify the activities of the Service or any of its components, or (vi) advertises or solicits the sale of goods or services (other than DirectMail2.0 LLC's goods or services). You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to multiple recipients.

By posting User Content to the Forums, you grant DirectMail2.0 LLC a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and transferable right and license to display, reproduce, copy, modify, use, and archive the User Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the User Content.

5. Agent to Receive Notification of Claimed Infringement

If you believe that any material published on the Site has been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify the DirectMail2.0 LLC's Copyright Agent of any alleged infringement. Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information:
1) a description of the infringing material;
2) a description of the copyrighted work(s) that you believe has been infringed;
3) the name of the owner of the copyright;
4) your name;
5) your address, telephone number and/or email address;
6) a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
7) a statement that all of the information you have provided is true;
8) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

DMCA notices and counter-notices with respect to DirectMail2.0 LLC should be sent to our agent, 600 Cleveland Street, Suite 480, Clearwater, FL 33755, explore@whosmailingwhat.com. We have a policy of terminating the accounts of repeat infringers.

6. Membership Fees

Certain components or functionalities of this Site may be available to certain users only upon payment of the membership fees.

In order to provide you with uninterrupted service, Who's Mailing What! renews automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, DirectMail2.0 LLC will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by contacting Customer Service via the "My Profile" page, calling 800-956-4129 or sending an email to explore@whosmailingwhat.com. Annual members will be sent a reminder notice before the expiration of your membership term that alerts you to the upcoming subscription renewal charge.

1. You agree to pay, using a valid payment card which DirectMail2.0 LLC accepts, all fees and charges, including applicable taxes, you have incurred through your account to access Who's Mailing What! For purposes of identification and billing, you agree to provide accurate and complete information, including your legal name, address, telephone number(s), and applicable payment data, and to update this information through updating your “My Profile” page on the Site or through Customer Service at 800-956-4129 promptly when changes occur.
2. DirectMail2.0 LLC reserves the right to increase fees and surcharges, including fees for membership-based services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your "My Profile" page. Notwithstanding the foregoing, your rate remains in effect throughout your selected membership period, and is subject to increase only at the time of renewal.
3. Unless you take action to cancel your auto-renewing membership through one of the methods described below, DirectMail2.0 LLC will automatically charge your payment card listed in your account to renew your Who’s Mailing What! membership. You will be sent a reminder about the renewal, which will contain the applicable membership rate, to the email address provided in your account before your payment card is charged. In the event DirectMail2.0 LLC cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Site.
4. Access to archives is limited by the plan you purchased. Most plans have a limit of 100 image views/downloads per month. Additional image view/download packs may be purchased for high volume users.

7. Termination

DirectMail2.0 LLC may terminate your access to the Site at any time at its sole discretion, provided that we provide a pro rata refund of current subscription fees. DirectMail2.0 LLC may restrict, suspend or terminate this Agreement and your access to the Site, in whole or in part, without notice and without refund, in the event of any breach or threatened breach by you of any term of this Agreement.

8. Disclaimers, Limitation of Warranty, Limitation of Liability, Indemnity

The Site is provided as a research and reference tool only. You are responsible for respecting the copyrights of the advertisers whose advertisements are archived on the site. You agree to not copy or commercially reproduce material accessed on this site in a manner that violates advertisers' copyrights. Although DirectMail2.0 LLC makes every reasonable effort to ensure that the information provided through the Site is useful, accurate, and current, DirectMail2.0 LLC cannot guarantee that the information contained on the Site will be error-free. By proceeding to access the Site, you assume all responsibility for and risk arising from your access to and use of and reliance upon the Site and its contents. This Site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, or other professional assistance, you should consult your own attorney or appropriate professional. Please note that no company has paid to have it or its information listed.

Except as expressly set forth herein, the Site, including its content, is provided "as is." DirectMail2.0 LLC does not warrant that the information and functions contained in the Site will be uninterrupted or error-free or that the Site is free of viruses or other harmful components. DirectMail2.0 LLC disclaims all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to the Site and the information contained on it. We will not be liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues, lost profits, or loss of data arising out of your use of this site, even if DirectMail2.0 LLC has been advised of the possibility of such loss. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees you have paid to us in connection with your access to the Site during your current renewal period.

You agree to indemnify, defend and hold DirectMail2.0 LLC harmless from any and all claims, demands or causes of action arising from or relating in any manner to any breach or alleged breach by you of the terms and conditions of this Agreement. DirectMail2.0 LLC may elect in its discretion to assume the defense of any such matter and you shall not settle any such matter without DirectMail2.0 LLC's consent.

9. Liquidated Damages

In the event that you breach this Agreement, such as by providing access to the Site or its contents to non-subscribers, you agree to pay DirectMail2.0 LLC Ten Thousand Dollars ($10,000.00) for each breach of this Agreement as liquidated damages, it being agreed that DirectMail2.0 LLC’s damages might be impossible to ascertain and that Ten Thousand Dollars ($10,000.00) per violation constitutes a fair and reasonable compensation.

10. Modifications

DirectMail2.0 LLC may modify this Agreement and any policies affecting the Site effective immediately upon notice to you posted to the Site or distributed via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

11. Choice of Law, Agreement to Personal Jurisdiction

Any dispute arising from or related in any way to this Agreement shall be litigated only in the state and federal courts of Florida, to whose jurisdiction you consent. Any such dispute shall be governed by and construed in accordance with the laws of the state of Florida (excluding its choice of law rules).

12. General

This Agreement constitutes the entire agreement between you and DirectMail2.0 LLC with respect to the Site and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof.

By clicking on the “Activate Membership” button, you are agreeing to be legally bound by all of the Terms and Conditions set forth in this Agreement.