The
subscriber agrees to adhere to the edm-i Acceptable Use Policy, to be
found at www.edm-i.com/usepolicy.htm.
edm-i reserves the right to
discontinue any service to the subscriber
it deems, in its sole
discretion, violates any condition of service
including the Acceptable Use Policy, and these
Terms and Conditions.
The
subscriber agrees to indemnify and hold harmless
edm-i and the employees and
agents of
edm-i against any losses, claims, damages,
liabilities, penalties, actions, proceedings
or judgments
(collectively, "Losses") to which
an Indemnified Party may become subject and
which
Losses arise out of, or relate to this Agreement
or the subscriber's use of the Services and
Products, and will reimburse an Indemnified
Party for all
legal and other expenses, including reasonable
legal fees incurred by such Indemnified Party
in connection with investigating, defending
or settling any Loss whether or not in connection
with pending or threatened litigation in which
such Indemnified Party is a party.
EDM-I
SHALL NOT BE LIABLE FOR (i) ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES,
OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE
RESULTING FROM THE USE OF EDM-I‘s SERVICES
AND PRODUCTS BY THE SUBSCRIBER OR ANY THIRD
PARTIES, OR (ii) ANY LOSS OF DATA RESULTING
FROM DELAYS,
NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
EDM-I PROVIDES THE SERVICES AND PRODUCTS AS
IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. EDM-I DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE
FOR THE SELECTION, USE AND SUITABILITY OF THE
SERVICES AND PRODUCTS AND EDM-I SHALL HAVE
NO LIABILITY THEREFORE.
Notices
Unless otherwise specified herein, any notices
or other communications required or permitted
hereunder shall be sufficiently given if in
writing and delivered personally, or sent by
internationally recognized overnight courier,
registered or certified mail, to the address
of the subscriber as set forth in the Service
Descriptions or edm-i as set forth below. Such
notices or other communications shall be deemed
received (i) on the date delivered, if delivered
personally, (ii) on the business day (or, if
international, on the second business day)
after being sent by an internationally recognized
overnight air courier or (iii) five days after
being sent, if sent by first class registered
mail, return receipt requested.
Effective Data Management International
11 Nottingham Road
Costock
Loughborough
LEICS
LE12 6XE
UK
Attention Legal Department