AUCTION CONTACT, LLC
TERMS AND CONDITIONS OF SERVICE
Last updated: 1/9/2002
Through its AuctionContact service (the "Service" or "Services") Auction Contact, LLC.
("Auction Contact") provides online auction merchants a variety of tools and resources to
collect visitor email addresses and to launch, and manage online marketing campaigns.
This service may not be used in any way for sending of unsolicited email messages (known as "spam").
The following are the terms and conditions for use of AuctionContact service. By clicking
the "AGREE" button on the registration page you accept these terms and conditions.
1. SERVICES AND SUPPORT
1.1 The Services are provided subject to this Agreement, as it may be amended by Auction Contact, LLC,
and any guidelines, rules or operating policies that Auction Contact, LLC may establish and post
from time to time (the "Agreement"). By posting updated versions of the Agreement at the
auctioncontact.net web site, or otherwise providing notice to you, Auction Contact, LLC may
modify the terms of the Agreement and may discontinue or revise any or all other aspects of the
Service in its sole discretion. All such changes shall become effective upon posting of the
revised Agreement on the Service.
1.2 The Services are available only to persons who can form legally binding contracts under
applicable law. Without limiting the foregoing, the Services are not available to individuals
under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Service enables online auction sellers to sign up auction and/or web site visitors and
collect and retrieve visitor sign-up data for the purpose of sending weekly updates about their
auctions (the "Weekly Newsletter") to subscribers.
1.4 The Service will be subject to monthly subscription fees ("Paid Services") once you have
completed your free trial period. Upon completion of your free trial period the monthly subscription
fee will be automatically charged via PayPal or an BillPoint invoice will be sent depending on
the method of payment you chose during the registration process. Access to the Service will be
disabled until payment is received. Paid Services are billed monthly, in advance, according to
the subscription details provided to you by PayPal. The Fee Schedule, including subscriber levels
and prices, are subject to change at any time.
1.5 You must complete the registration form on the Sign Up page in order to use the Services.
You will provide true, accurate, current, and complete information about yourself as requested
in the registration form. As part of the registration process, you will identify an email address
and password for your AuctionContact account. You are responsible for maintaining the security of
your account, passwords, and files, and for all uses of your account and of the Services in
your name. Auction Contact, LLC reserves the right to refuse registration of, or cancel, accounts
it deems inappropriate.
1.6 You will be billed monthly for Services. Auction Contact, LLC uses PayPal Subscriptions for
payment processing and management. For customers who are not PayPal members, Auction Contact, LLC
will send BillPoint invoices. Auction Contact, LLC does not have access in any way to your credit
card, or payment information, however Auction Contact, LLC reserves the right to change this in the
future. For customers using PayPal, monthly fees will be charged automatically.
If the "PayPal Subscription" for AuctionContact service is canceled, the account will be disabled
until payment is made. For customers using BillPoint, a BillPoint invoice will be sent three (3)
business days before Due date. Due date is always the same calendar day as the day of registration.
If the calendar day falls on a weekend or Holiday, or if the calendar day does not occur in a given
month, the fee will be due the following day.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 This is an Agreement for Service, and you are not granted a license to any software by this
Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or
otherwise attempt to discover the source code, object code, or underlying structure, ideas, or
algorithms of, or found at or through the Services or any software, documentation, or data related
to the Service ("Software"); remove any proprietary notices or labels from the Service or any
Software, modify, translate, or create derivative works based on the Service or any Software;
or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service
or any Software. The Service shall be used for your internal business (which includes civic or
charitable) purposes only and you shall not use the Service or any Software for timesharing or
service bureau purposes or otherwise for the benefit of a third party.
2.2 You acknowledge and agree that the Service and the Auction Contact, LLC company names and
logos and all related product and service names, design marks and slogans, are the property of
Auction Contact, LLC or its affiliates or suppliers (collectively, the "Marks"). You are not
authorized to use any of the Marks in any advertising, publicity or any other commercial manner
without the prior written consent of Auction Contact, LLC. Your use of the Services confers no
title or ownership in the Service, the Software or the Marks and is not a sale of any rights in
the Service, the Software or the Marks. All ownership rights remain in Auction Contact, LLC or its
third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with
the Agreement and all applicable laws (including but not limited to policies and laws related to
spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third
party mailing lists in connection with preparing or distributing unsolicited email to any third
party. You hereby agree to indemnify and hold harmless Auction Contact, LLC against any damages,
losses, liabilities, settlements, and expenses (including without limitation costs and reasonable
attorneys' fees) in connection with any claim or action that arises from an alleged violation of
the foregoing or otherwise arising from or relating to your use of the Service. Although Auction
Contact, LLC has no obligation to monitor the content provided by you or your use of the Services,
Auction Contact, LLC may do so and may remove any such content or prohibit any use of the Service
it believes may be (or is alleged to be) in violation of the foregoing.
2.4 Every email message sent in connection with the Service may contain an "unsubscribe" link that
allows visitors to remove themselves from your mailing list. You acknowledge and agree that you
will not remove, disable or attempt to remove or disable the �unsubscribe� link. Auction Contact, LLC
may immediately disable your access to the Service if you violate this restriction.
2.5 The Service may only be used for lawful purposes. Transmission or solicitation of any material
that violates United States federal, state or other laws that may apply in this jurisdiction or
your local area is prohibited. This may include material that is obscene, threatening, harassing,
libelous, or in any way a violation of intellectual property laws or a third party's intellectual
2.6 For every email message sent in connection with the Service, you acknowledge and agree that
the Service may automatically add an identifying footer stating "Powered by AuctionContact" or a
2.7 In using the varied features of the Service, you may provide information (such as name, contact
information, or other registration information) to Auction Contact, LLC. Auction Contact, LLC may
use this information and any technical information about your use of the Services to tailor its
presentations to you, facilitate your movement through the Service, or communicate separately with
2.8 Auction Contact, LLC will not use your customer list or any other customer information for
any other purposes than those intended with the service. Your customer information will not be
shared with any other parties. In addition, Auction Contact, LLC will not use your customer
information for the purpose of sending unsolicited commercial e-mail.
3.1 You may terminate this Agreement at any time by sending an email message to
firstname.lastname@example.org or by sending written notice to Auction Contact, LLC at 4755
Greenfield Dr. Berrien Springs, MI 49103 USA.
3.2 Auction Contact, LLC may terminate this Agreement or the Service at any time with or
without cause, and with or without notice. Upon termination, Auction Contact, LLC will provide
you a proportionate refund of the advance monthly payment that Auction Contact, LLC has received
for the then-current month, based on the number of days remaining in the month following the
date of termination. Except for such refund, Auction Contact, LLC shall have no liability to you
or any third party because of such termination.
3.3 Auction Contact, LLC will delete any of your archived data within 30 days after the date of
termination. All sections of this Agreement which by their nature should survive termination will
survive termination, including, without limitation, ownership, warranty disclaimers and limitations
4. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. AUCTION CONTACT LLC EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. AUCTION CONTACT LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
AUCTION CONTACT LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUCTION CONTACT LLC SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF AUCTION CONTACT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.