ListPower Terms & Conditions

Do Not Spam!
We strongly enforce our anti-spam policy!

ListPower may only be used in connection with email lists for which recipients have voluntarily registered. Using ListPower to send email to an address you obtain without the consent of such addressee is a violation of ListPower policies. You may not access the mailing lists of third parties on the ListPower Network other than for approved purposes (if any), and you may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited email to any third party. ListPower has the right to terminate your access to the ListPower service, or terminate the ListPower service, at any time. In addition, ListPower reserves all legal and equitable remedies available to it (including, terminating your access to the ListPower service and/or the ListPower Network) for violation of any of these terms of use.

If you use ListPower to create a mailing list (a "Mailing List"), you may remove from such Mailing List any email address contained therein, in your discretion. You agree to honor the request of the owner of any email address to remove that address from a Mailing List. You may establish additional terms and conditions that may be applied to persons enrolled in your Mailing Lists.

If you register with a Mailing List, you acknowledge that the owner of the mailing list may remove your email address from such Mailing List, in its discretion and at any time, and that your participation in such Mailing List may be subject to additional terms and conditions that may be altered from time to time.

Email distributed to Mailing Lists may not exceed 100kb. ListPower may include in each email distributed to Mailing Lists: (a) a ListPower or third party advertisement; and (b) an attribution similar to the following: "Powered by ListPower - A Mailing List For Every Web Site http://www.ListPower.com". Consideration (if any) derived from such advertisements will be the property of and retained by ListPower.

ListPower will also rent your lists out to advertisers and all revenues are shared by listpower to the List Owner and it's referrals. Revenues are shared at about 50% between ListPower and the List Owners and it's referrals.

ListPower retains the rights to the memberships of all subscribers that have subscribed to any ListPower interest categories. List Owners may at any time delete their entire lists and all it's subscribers, however, ListPower will retain such members that have subscribed to ListPower's announcements/interest categories. ListPower will share all revenues generated by these announcement services to the ListOwner who first signed up the said member. The list Owner shall continue to enjoy receiving revenue sharing from ListPower for as long as the ListOwner is a valid member of ListPower.

Without limiting any other applicable disclaimers or limitations, ListPower disclaims any and all representations, warranties and conditions, express or implied, that messages sent in connection with the ListPower service will be delivered or received, or that the operation of the ListPower service will be available, error-free or secure. You acknowledge that the security mechanisms contained in ListPower have inherent limitations, and you are solely responsible for determining if use of the ListPower service sufficiently meets your requirements.

AGREEMENT BETWEEN USER AND ListPower
The ListPower Web Site is comprised of various Web sites and Web pages operated by ListPower or its affiliates, these Web sites will be collectively referred to in this agreement as the "ListPower Network."

Use of the ListPower Network provides a variety of services to third party Web sites participating in the ListPower Network (the "Member Sites"). The Member Sites are not under the control of ListPower and ListPower is not responsible for the actions or the contents of any Member Site, any link contained in a Member Site, or any changes or updates to such sites. If you have a question regarding a Member Site, please contact the owner of such site directly.

The ListPower Network is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the ListPower Network constitutes your agreement to these Terms of Use and Notices. Your use of a particular ListPower Web site included within, or acceptance of a product, service or benefit obtained through, the ListPower Network may also be subject to additional terms specified in the applicable ListPower Web site or other accompanying documentation (as such terms may be modified by ListPower from time to time as described below) (the "Additional Terms"). If you do not have print capability or otherwise desire to obtain a hard copy of these Terms of Use and Notice, please contact ListPower customer service.

If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable any particular ListPower Web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use, including the Additional Terms, and other terms and guidelines found throughout the ListPower Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.

MODIFICATION OF THESE TERMS OF USE
ListPower reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on the ListPower Network. You are responsible for regularly reviewing these terms and conditions. Continued use of the ListPower Network after any such changes shall constitute your consent to such changes. ListPower does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.

USE LIMITATION
The ListPower Network is provided to assist you with the operation of your business. Your right to use the ListPower Network is personal to your company and its employees. Except to the extent necessary to utilize the services of the ListPower Network, you may not make any commercial use of the ListPower Network. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the ListPower Network.

LINKS TO THIRD PARTY SITES
THE LINKS IN THE ListPower NETWORK MAY LET YOU LEAVE THE ListPower NETWORK. YOU ACKNOWLEDGE THAT THE LINKED SITES ARE NOT UNDER THE CONTROL OF ListPower AND ListPower IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ListPower IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ListPower IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ListPower OF THE LINKED SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ListPower Network, you warrant to ListPower that you will not use the ListPower Network for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as the same may be modified from time to time). In addition, you may not link to the ListPower Network any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

The information provided by ListPower to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of ListPower with any third party. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by ListPower, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of ListPower for which you offer competing or substitute products or services; and (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of any ListPower products or services.

LIABILITY DISCLAIMER
The information, software, products, services and other material included in or available through the ListPower Network may not be complete, and may include inaccuracies or typographical errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the ListPower Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Your access to and use of the ListPower Network, and products and services of ListPower, is at your own risk. ListPower, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the ListPower Network, or such products or services. ListPower makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the ListPower Network, or such products or services.
Without limiting the foregoing, ListPower AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON THE ListPower NETWORK FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ListPower AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL ListPower AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ListPower NETWORK OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE ListPower NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ListPower NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE ListPower NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ListPower OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ListPower NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ListPower NETWORK AND ITS RELATED SERVICES. Without limiting the foregoing, ListPower is not responsible for any of your data residing on ListPower hardware. You are responsible for backing-up your data and information that may reside on the ListPower hardware, whether or not such information is produced through the use of the ListPower Network.

You agree to defend, indemnify and hold ListPower harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with ListPower.

ACCESS RESTRICTION
ListPower reserves the right to deny in its sole discretion any user access to the ListPower Network or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by ListPower, and for any use or misuse of your account or the ListPower Network resulting from any third party using a password or user name issued to you.

TERMINATION
ListPower may terminate this agreement and your access to any or all ListPower Network and the related services at any time, with or without cause, effective immediately. Anyone determined by ListPower to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using the ListPower Network, or from receiving any products, services or benefits from the ListPower Network. In addition, if you violate any of these Terms of Use, Notices or Additional Terms (as applicable) you will forfeit all in-kind credits and amounts accruing to you (if any) in connection with the ListPower Network.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the ListPower Network are: Copyright (c) 1996 - 2000 EzerNet. All rights reserved.

TRADEMARKS
ListPower is either a trademark or registered trademark of EzerNet.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved by ListPower.