allmarketinglists.com (AML) Terms of Use

Introduction

The AML Internet site ("web site") is owned and operated by Xypress LLC, a New Jersey limited liability company. Your access to the web site, and the tools and services that we offer to the public, is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this Agreement ("Agreement") and; All rules, guidelines and policies published by us on our web site or elsewhere, (known collectively as "Terms of Use"). Your use of any tool or service that we provide serves as your express agreement to this Agreement. We reserve the right to amend the Terms of Use and this Agreement at any time without prior notice to you. Please periodically review this Agreement so that you may keep updated as to any changes we make within the structure of this Agreement. We are presently in our Beta phase. As such, some tools, services and functions will not be presently available or may not work in the manner that we wish. You agree, as a Beta User, to hold us harmless from any site erratum, errors and programming issues. The initial roll out of services will feature search engine related functions and the provision of a directory of information related products offered by third parties. We are not responsible for the information related products as they are offered by third parties nor or we responsible for the business or other activities of any third party that you find via a link provided by our search results.

1. AML's Mission Statement AML's mission is to organize the world's useful information. AML aggregates marketing lists for both consumers and businesses and provides them on its website. We are not responsible for the creation of the information that we provide links to, we merely seek them out and provide links to you based on the search query you enter into our search tool.

2. Intellectual Property Warning All information, text, material, graphics, software and advertisements available on or via the web site ("Content") are Copyright 2009 as owned by Xypress LLC or its suppliers, licensors or other parties unless expressly indicated otherwise on the web site. The Content is protected by Canadian, United States and international copyright, trademark laws and other intellectual property laws, restrictions, regulations and treaties. You are not allowed to modify, copy, reproduce, republish, frame, upload to a third-party, post, transmit or distribute this Content in any way except as expressly provided for on the web site or expressly authorized in writing by AML LLC. You are disallowed from using the web site and the Content as provided in any manner or for any purpose, which is unlawful or in any manner that violates any right of AML LLC or which is prohibited by this Agreement. WARNING: ALL CONTENT PUBLISHED OR OTHERWISE MADE AVAILABLE ON OR VIA THIS SITE ARE PROTECTED BY PROVINCE, STATE AND NATIONAL COPYRIGHT LAWS AND RELATED INTERNATIONAL TREATIES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES EXCEPT IN THE MANNER AUTHORIZED BY US AND PURSUANT TO YOUR PAYMENT TO US FOR OUR PROVISION OF TOOLS AND SERVICES.

3. Restrictions You cannot use our tools or services to create, store, distribute or otherwise publish, via the Internet, mobile telephone technology or via any other publication tool or service, any content that is unlawful, threatening, abusive, defamatory, obscene, vulgar, hateful, intolerant, pornographic, profane or indecent, or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law of any jurisdiction. You are also not allowed to use our tools or services to create, distribute or otherwise publish, via the Internet, mobile telephone technology or via any other publication tool or service, any content which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder. You may also not use our tools and services to transmit any material that contains a virus or any other harmful element of any nature or any file, script, program or other element that cannot be legally distributed. We have no obligation whatsoever to monitor the specific manner in which our user community is using our various tools and services. However, we reserve the right and have the legal obligation to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone misusing or potentially misusing any of our tools and services whereby such usage allegedly violates any applicable or relevant laws of any jurisdiction. All applicable federal, province, state and local laws govern user access to this web site. All information available on or via this web site is subject to Canadian and U.S. export control laws and may also be subject to the laws of the country where you reside if you reside outside of the U.S.

4. Disclaimer and Limitation of Liability Various laws may confer rights and remedies on you in relation to our provision of tools and services that cannot be excluded, restricted or modified ("Inherent Legal Rights"). We do not exclude any Inherent Legal Rights but we do hereby exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Inherent Legal Rights: a) all tools, services and content are provided "as is" and without warranties of any kind, either express or implied; b) We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose; c) We do not warrant that the functions, tools, services and content that we provide or your access to our web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits data, files and other information to you to you are free of viruses or any other harmful components; d) we do not warrant or make any representation regarding your access to, or the results of your access to, the web site (including our functions, tools and services) or any content of any nature in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, our website or any function, tool or service we provide to you. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded, is limited to our return of any monies you have paid to us during the most recent thirty-day period.

5. Termination The Agreement and the Terms of Use are effective until terminated by us, and we may terminate this Agreement and your access to our web site and our functions, tools and services at any time without prior notice to you. In the event of termination, you are no longer authorized to access the web site, or use our functions, tools or services, but all restrictions imposed on you, licenses granted by you and all disclaimers and limitations of liability set out in this Agreement will survive the termination of this Agreement.

6. General Terms and Conditions. You agree to indemnify us for any losses, damages, fees, costs and reasonable attorney's fees relating to any material breach of this Agreement by you. This agreement will be governed by and construed in accordance with the laws if Delaware. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Delaware, excluding any choice of law or conflict of law provisions. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

7. Digital Millennium Copyright Act (DMCA) Notices To file a notice of infringement with AML, you must provide a written communication (by regular surface mail) to us that contains the elements required by law.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Your DMCA notice must adhere to the legal requirements as set forth by the law itself. DMCA notices that do not provide the mandatory information/claims as set forth by the DMCA will not be acted upon. We have no duty to help you "cure" or improve your DMCA notice to appropriate legal standards but we will take reasonable actions as required by the law for those DMCA take down notices that are appropriately written as set forth by the law. Please consult your attorney if you are unsure about how to properly draft a DMCA take down notice. We cannot act on your notice if you have not provided sufficient detail about the copyrighted work that you believe has been infringed by a third party. We cannot act if you fail to properly identify the material or activity that you believe is infringing your copyright protected work. There are additional legal requirements, please consult with your attorney regarding how to properly draft a DMCA copyright infringement notice if you are unaware of the related legal requirements.

FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result. THERE ARE OTHER LEGAL REQUIREMENTS REGARDING THE CONSTRUCTION AND CONTENT OF YOUR DMCA COPYRIGHT INFRINGEMENT TAKE DOWN NOTICE. AGAIN, IF YOU ARE UNCERTAIN AS TO THE PROPER METHOD OF DRAFTING A DMCA COPYRIGHT INFRINGEMENT TAKE DOWN NOTICE, OR YOUR RIGHTS UNDER THE LAW REGARDING YOUR COPYRIGHT PROTECTED MATERIAL, PLEASE CONTACT AN ATTORNEY AT ONCE. PLEASE CONSULT WITH YOUR ATTORNEY IF YOU ARE UNSURE AS TO WHETHER IT IS YOUR LEGAL RIGHT TO FILE A DMCA TAKE DOWN NOTICE WITH US. Send all DMCA related notices to us at

Xypress LLC Copyright Infringement Claims 52 Huntley Way, New Jersey 08807

8. Vendor and Product Requirements, Overview You expressly acknowledge that you have read all of the included vendor and product requirements and you agree to be bound by all of the terms and conditions of this Agreement, including the vendor and product requirements, as a requirement of creating and maintaining an account with us. If you do not agree with any portion of this Agreement, including our vendor and product requirements policies, guidelines, rules and procedures as stated herein or as published on our web site, you agree that your sole remedy is to cease using any of our tools and services and that any usage of our tools and services shall be governed by this Agreement.

9. Specific Vendor Requirements Vendors are required to create and be both responsible and liable for all vendor created or related text, video, graphics, advertising, marketing and other materials that are published through our systems to the public. All communications to consumers regarding methods of receiving products or services must be clear and concise, including any shipping information and instructions. All vendors must provide valid, working email addresses so that we and/or purchasers can readily contact the vendor and vendor must issue a comprehensive, accurate reply by the end of the business day following the issuance of the email. Reponses to email inquiries by vendor cannot be automated. Vendors must provide appropriate technical support pages for all products in English and any other secondary language that is used by vendor in sales, marketing, promotion or other uses relating to the advertisement of products or services to consumers via our website and our tools and services. All technical support must be consistent with the best industry standards and practices. All products and promotions must be fully compliant with the U.S. Federal Trade Commission regulations, policies, standards, all State consumer protection laws, and all Federal laws, regulations, and codes as well as the laws of the nation in which the vendor advertises, or operates from. All vendors are responsible for fully and completely understanding the materials as published by the U.S. Government at www.ftc.gov.

10. Specific Product Requirements All products offered and sold must be, new, original, authorized, legal and not in violation of any law of any State, the United States, or any foreign nation. All products that are digital in nature and delivered digitally must be delivered, whether by web page, downloadable files, or via email as attachments thereto, within 24 hours of purchase. Immediate delivery upon sale is preferred. If your product cannot be delivered within 24 hours then you must request a written exemption from us via email to our support department and explain why you are seeking the exemption. It is in our sole discretion to grant or deny the exemption. You may also offer shipped delivery of printed media (books, CD's, and DVD's) as a courtesy to qualified customers, provided the shipped media is clearly complementary and not essential to the operation of the originally downloaded digital Product. The complementary nature of the shipped media must be clearly explained to the customer. See Federal Trade Commission Policy, Advertising and Marketing on the Internet. We prohibit the following types of products: Unlicensed proprietary content such as content protected by patent, trademark, trade dress, copyright and other intellectual property laws; Any product that, in our sole judgment and discretion, encourages the unlawful transfer of copyrighted media, such as software, music, movies, videos, and games;

Spyware;

Existing debts or promissory notes;

Digital cash;

Spending accounts;

Money transfer;

Gift certificates;

Coupons, rebates, or vouchers;

Securities or stocks or bonds;

Deeds or titles;

Lottery tickets, or sweepstakes;

Wagers or wagering pools, gambling or betting of any kind;

Pornography, obscenity, or pornographic entertainment of any kind;

Warez, Filez;

Pirated software or pirating tools;

Hacking tools;

http/tcp proxies, irc/ircd, Bnc, Eggdrop, Socks4/5;

Remote bots;

Shell accounts;

Dial-ups or dial-ins;

Phone services, phone minutes, cell messaging, or cell sms;

Spamming tools;

Fake ID tools;

Credit reports or credit repair;

Professional services, including accounting, legal, medical, and pharmaceutical services;

Social security number ("SSN") searches, SSN lookups, or SSN verifications;

Term papers or other academic works;

Anonymous proxies or proxy lists;

Password lists or email address lists or postal address lists;

Hotel/travel reservations;

Seminar, concert, or other event tickets or vouchers;

Event reservations;

Franchises or franchise opportunities;

Multilevel membership (including multi level marketing, matrix, wheel, cylinder, downline, upline, chain, or pyramid) or any product that has no appreciable value to the customer other than the potential for resale;

Products about marketing through Craigslist or social networking sites that are contrary to the social networking site's terms of use; Any materials containing, endorsing or encouraging discrimination, violence, hatred, revenge, intolerance, conspiracy theories, racism, victimization, criminal activity; and Any other category, product, service or activity that we decide, in our sole discretion, to ban Any violation of these terms will result in the immediate suspension and/or termination of your account and the forfeiture to us of any account balance that you may have in your account with us and you agree to hold us harmless from any losses or damages arising from such forfeiture.