This data lists agreement (“Agreement”) is made by and between (1) Electronic Voice Services, Inc. (“EVS” or “our” or “we” OR “company”), owner of TelephoneLists.biz, on the one side, and (2) you and any entity, agent, user, or independent contractor that you are purchasing the lists for (collectively “you”, “your”, “buyer”, or “user” or “customer”) on the other side. THIS IS A LEGALLY BINDING CONTRACT AND YOU AGREE TO USE THE TELEPHONE DATA LISTS IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS. YOU INDICATE YOUR AGREEMENT WITH THESE TERMS BY ANY OF THESE WAYS:
LICENSE: The lists are and shall remain the intellectual property of EVS. Upon purchase of any lists from EVS, you are hereby granted a limited, revocable, non-exclusive license to make use of the lists for your own business and marketing purposes. However, you are not permitted to relicense, sell, trade, convey or otherwise share the lists with any other third party, except as may be required in order to (1) perform compliance scrubbing on your own, or (2) as may be required by a valid subpoena or civil investigative demand from a court or regulator with competent jurisdiction.
MULTIPLE TYPES OF DATA LISTS: EVS’ Consumer and Business lists are acquired periodically from the various telephone companies and data collection sources in the USA and Canada. EVS offers 5 types of lists:
Note that in addition to Do Not Call (DNC) laws, calling CELL phones has special legal restrictions. Refer to the “DO NOT CALL” and “RESPONSIBILITY & LIABILITY” sections of this Agreement.
ONE TIME PURCHASES: If you purchase a zip code, state, province, or country bulk list, there are no subsequent charges.
MONTHLY SUBSCRIPTION PAYMENTS & CANCELLATIONS: If you are using EVS’ monthly list subscription, you will automatically be charged monthly, but you may cancel your subscription at any time. All paid subscriptions are non-refundable and no pro-rated refunds will be given. If you do not wish to be automatically charged, please be sure to cancel at least three business days before the end of your billing cycle. Once you cancel, you will still be able to enjoy the benefits of your membership through the end of your monthly subscription period. If you do not download all of your credits by the time your subscription expires, you will lose access to any remaining credits. Cancellations may be made online via the member dashboard or you may call or email EVS. If you call or email, make sure you get a confirmation by email as proof of your cancellation request. This cancellation and refund policy extends to any payments made for increased download limits.
RETURN POLICY: Because the lists are downloadable software files and you may request examples before purchasing, there is no refund once you have received your purchased list(s).
TYPES OF TELEPHONE NUMBERS & DATA ACCURACY: The telephone lists you purchase will not be 100% accurate at the time of your purchase, download, or use. This is due to multiple reasons: 1) Every day thousands of telephone numbers are disconnected, moved, changed, reassigned, and placed on the DNC list, 2) Land line phone numbers can be “ported” to become cell phone numbers and vice versa, and 3) Some of the original data supplied to EVS may be inaccurate at the time we receive it. You agree to accept the data lists “as is”. Regardless of the causes or damages or lost income or additional expenses incurred by any inaccuracies, you are not entitled to any refund or credit. Your sole remedy is cancellation of future service. In the event a court awards direct damages, despite the foregoing, such damages shall in no case exceed the amount of the last payment for the data lists.
DUPLICATES: The Classic Telephone Lists have been scrubbed by EVS in an attempt to delete duplicate telephone numbers; however, the Targeted Demographic Lists have NOT been scrubbed to delete duplicates because there are various demographics associated with each of the multiple people using the same telephone number. If you purchase EVS’ targeted lists by state and you do not want duplicates (such as husband and wife with the same telephone number), you will need to identify and delete those duplicates on your own. To remove duplicates, you can use tools such as Microsoft Excel, CSV Editor, or OpenOffice Calc. Also, most dialer applications have a de-duplicator. Users of EVS’ online monthly subscription may use the duplicate scrubber provided within the solution itself, or may select their own removal method.
DO NOT CALL: The lists have NOT been pre-scrubbed to remove cell (also known as mobile or wireless) or VoIP telephones, or numbers on any Do Not Call (“DNC”) database. Therefore, you are completely and solely responsible to determine whether your calls are subject to cell or DNC prohibitions and to comply with the same. If you are subject to USA or Canadian telemarketing laws, you will need to register and if in the USA get a SAN (Subscription Account Number) with the FTC (and perhaps other government agencies) at: https://telemarketing.donotcall.gov. Note that laws and rulings may change from time to time. Therefore, if you are not permitted by law to call Federal, State, or Province DNC or cell numbers, you are 100% responsible for assuring that the lists you acquire from www.telephonelists.biz are lawfully scrubbed against Federal and/or State Do Not Call Registry, cell phone numbers, and any other appropriate lists. If you purchase EVS’ targeted lists by state, you may see a DNC Number Flag feature in one of the fields, or if you are signed up for EVS’ online monthly subscription, you may see an option to select certain DNC scrubbing features. Important: These DNC features are merely a courtesy and are for the purpose of your being able to narrow your list by removing numbers that were on the DNC at the time EVS updated its lists. Since government DNC records are updated daily, EVS’ lists are NOT completely up to date with DNC numbers at the time you receive or make use of our lists. If you are not allowed by law to call cell phone numbers or to call numbers on the DNC, EVS’ courtesy DNC feature will not be sufficient, on its own, to keep you in strict compliance with laws. If EVS provides you with tools to assist in cleaning your dialing lists of DNC telephone numbers, EVS cannot guarantee 100% integrity or reliability of these tools. If needed, there are companies that will scrub (for a fee) DNC numbers, as well as wireless numbers, from your lists. Examples: www.DoNotCallScrubber.com and www.dnc.com
TEXTING & FAXING:It is NOT legal to send unsolicited commercial emails or faxes or to send text messages to wireless devices, including cell phones and pagers, unless the sender gets prior express written permission from the recipient. Exceptions to the laws: 1) Transactional or relationship types of messages – If a company has a relationship with you, it can send you things like statements or warranty information; 2) Non-commercial messages – This includes political surveys, fundraising messages, and emergency notifications. If you send faxes or text messages (SMS or MMS) or place calls using any of EVS’ products, you must comply with the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act and any other applicable laws. Laws, regulations, and rulings may change from time to time. EVS does NOT permit use of its products to send large quantities of emails, text messages, or faxes to any type of phone number. Note: Sending SMS/MMS messages related to Sex, Hate, Alcohol, Firearms, and Tobacco (also known as “S.H.A.F.T.”) is a violation of the Wireless Carriers Guidelines and can result in a $10,000 fine.
EMAILING: Customer agrees that any use of any product to send email messages will be in compliance with all applicable Federal and State laws, including the CAN-SPAM Act of 2003 and Customer’s own privacy policies. If Customer uses any product to send email messages, such compliance by Customer must, at a minimum, include: (a) no forged, false or misleading header information; (b) no false or misleading subject lines; (c) the sender’s physical address (not a P.O. Box); (d) clear indemnification of the email message as an advertisement; (e) an opt-out notice with a functioning opt-out mechanism via email or the Internet which is operational for at least 30 days after sending the message; and (f) honoring opt-out notices within ten (10) business days of receipt of each opt-out request. Subject to the terms and conditions of this Agreement, if Customer resells, shares, rents or transfers any Product, such compliance must, at a minimum, include prohibiting reselling, sharing, renting, or transferring the email addresses of recipients who have opted out of receiving email messages. CUSTOMER FURTHER AGREES NOT TO SELL, SHARE, RENT OR TRANSFER DATA TO OR WITH ANY PERSON OR ENTITY WHICH DOES NOT AGREE TO USE DATA IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS, INCLUDING THE CAN-SPAM ACT OF 2003, AND WITH ITS OWN PRIVACY POLICIES. For email data purchased from Company which Customer chooses to deploy themselves, Customer acknowledges that they understand some third-party email deployment services do not permit deployment of purchased email data. It is highly recommended that Customer check with its internet service provider and its email deployment company, especially, but not limited to, companies such as Mail Chimp, Constant Contact and iContact (by way of example), before deploying any type of email advertisements, announcements, or other correspondence of any type regardless of its relationship with email recipients. EVS will not be held liable for any issues arising as a result of Customer’s third-party email deployment service. Although EVS endeavors to provide quality products and services, there shall be no liability or responsibility for the success of Customer’s email campaign due to factors beyond the reasonable control of EVS including but not limited to: (A) tracking and quantifying the success of Customer’s campaign; (B) the look and feel of Customer’s creative; and (C) deployment strategies, etc.
NOT “OPT-IN” LISTS: Our lists of consumers and businesses are NOT “opt-in” lists. In other words, these consumers and businesses have NOT given their express permission for you to call, email, fax, or text them.
RESPONSIBILITY & LIABILITY: You are responsible for making frequent backups of your system(s) to protect against any loss of valuable data. By making any purchase and/or use of any of EVS’ lists, you warrant that you will at all times fully comply with all applicable Federal, State, Province, and local laws, rules, regulations, and ordinances, including but not limited to, those concerning privacy, telephone solicitation, email solicitation, fax broadcasts, calling cell phones, and direct marketing. In the USA such laws include the Federal Fair Credit Reporting Act, the Gramm-Leach-Bliley Act of 1999, the Do-Not-Call Implementation Act of 2003, the FCC’s Telephone Consumer Protection Act of 1991 (TCPA), the FTC’s Telemarketing Sales Rule (TSR), and the Children’s Online Privacy Protection Act. Note that callers using Automated Telephone Dialing Systems (ATDS) are required to obtain express written consent before calling consumer or business CELL phones. EVS cannot provide legal advice and assumes no responsibility to advise you on these laws or to supervise or ensure your compliance. EVS is merely providing you with data and you are expected to use that data within the bounds of the laws. More legal information is provided at EVS’ technical support web site: https://www.HelpMeDial.com/legal. You should be aware that laws and rulings may change from time to time, thus they may not be included in this Agreement. A violation of any such laws could result in significant penalties and other sanctions. EVS and its Technicians and Representatives are not attorneys; therefore, any interpretations of laws by EVS and its technicians and representatives regarding the legal use of these lists should not be completely relied upon. Prior to buying or using any of these lists, you should consult with an attorney regarding your anticipated uses of any of EVS’ products to ensure that your uses comply with laws and regulations. You are 100% responsible and liable for using these lists legally. There are several national telemarketing attorneys available to help you. Example: Allen, Mitchell & Allen PLLC – Tel: 801-930-1117 – Web Site: http://www.allenlawyer.com.
INDEMNIFICATION: You grant representatives of EVS permission to email and/or call you with technical, informational, and marketing matters regarding these data lists and EVS’ related products, such as dialers. You also agree to indemnify and hold harmless EVS, along with all of its owners, officers, directors, employees, contractors, vendors and affiliates, from and against any claims, demands, suits, expenses, financial losses, data losses, business interruption, damages, fines, penalties, litigation, judgments, and fees, including attorney’s fees and court costs, arising out of or relating to your actual or alleged breach of this Agreement, your use of the data list(s), or any third-party claim alleging any violation by you of the law.
WARRANTY: Except as may otherwise be contained herein, EVS makes no warranty, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the lists for a particular purpose or any warranty that the lists will meet your requirements. EVS makes no compliance warranties of any kind; it is solely your responsibility to ensure that your use of the lists complies with the law.
GOVERNING LAW & JURISDICTION: This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to normal choice of law and conflict of law principles. Any litigation relating to or arising under the Agreement shall be brought in the Circuit Court of Dallas, TX and the parties’ consent to the jurisdiction and venue of the same.
ENTIRE AGREEMENT, SURVIVAL: This Agreement, along with any separate terms or fee schedules referenced herein, constitutes the entire Agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of this Agreement.