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Legal Notices
Terms of Use, Privacy Policy and Copyright Policy.
   
Terms of Use
Introduction

These "Terms of Use" (sometimes referred to as this "Agreement") constitutes a legal agreement between You and BrightSpeed.

If an individual purports, and has the legal authority, to acknowledge these Terms of Use electronically on behalf of an employer or client, "you" refers to the employer or client. If not, "you" refers to the individual acknowledging hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with.

Using BrightSpeed, you will be agreeing to the terms of this Agreement. Furthermore, by registering with BrightSpeed, or other indication of your identity, you do confirm to us that indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual using BrightSpeed on behalf of another individual or entity, listed as the customer does hereby represent and warrant that such agreement is being made with full authority.

BrightSpeed Terms of Use

Who We Are : BrightSpeed is a trade name of BrightSpeed, LLC, a Florida limited liability company. We are in the business of providing business information directly and/or via an online platform that you may use, for example, to acquire new customers, enhance your lists, and manage digital marketing or communication campaigns.

Definitions :

  • The term "We", "Us", "BrightSpeed" or "BrightCampaign" refers either to the business or the online platform as the context requires.
  • The term "Data" means a list of people or companies that We have, such as business names, contact names, business firmographics, postal addressees, email addresses and phone numbers.
  • The term "List" means a list of people or companies that You have, such as business names, contact names, business firmographics, postal addressees, email addresses and phone numbers.
  • The term "Campaigns", "Emails", or "Email Campaigns" means your direct and digital marketing and communications initiatives, such as Email Campaigns, Direct Mail Campaigns, SMS Campaigns, and Telemarketing Campaigns.
  • The term "Services" refers to the services offered by BrightSpeed, such as Data rental, Data licensing, Data sales, and Campaign fulfillment.
  • The term "You" refers to any individual or entity who uses the Services.
  • The term "Website" and "Websites" refers to the website with the URL http://www.BrightSpeed.com and/or http://www.BrightCampaign.com.

Purpose : The purpose of these Terms of Use is to set forth the terms and conditions under which you are permitted to use our Services.

Changes : We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.

Eligibility : We require that any You be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.

Account and Password : You are responsible for maintaining the confidentiality of any account name and password provided to you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.

Proprietary Rights Owned by Us : You acknowledge that we, or our suppliers, own all proprietary rights of our data, our Website and the software used to provide Services, including, but not limited to, any patents, trademarks, service marks and copyrights.

Proprietary Rights Owned by You : You represent and warrant to us that you will not add or upload or use any data or content for any other purpose unless you are the owner of all proprietary rights in that data or content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy rights.

General Rules : You agree to the following:

  • You will not incorporate into your Campaign any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your content or you are not otherwise permitted to use.
  • You will not use in your Campaign, any misleading or incorrect information.
  • You will not publish any Campaign that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
  • You will not share your password.
  • You will not attempt to decipher, decompile, disassemble or reverse engineer any of our Services.
  • You will not publish any Campaign, which is in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
  • You will not set up multiple accounts for any individual, organization or entity unless you are part of a franchise.
  • You will not import or incorporate any of the following information into our servers: Social Security Numbers, passwords, security credentials, business credit scores, or sensitive information of any kind.

Abuse Related Rules : You may not send:

  • Pornography or other sexually explicit in any sampaign
  • Campaign offering to sell illegal substances
  • Campaigns that violate the CAN-SPAM Law

Who Can Use BrightSpeed

If you do not meet these eligibility requirements, you may not use the Service:

  • You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
  • All contact information you submit must be true, complete, and up to date.

BrightSpeed does reserve the right to refuse service or to terminate access or suspend out Service for any one, and to change eligibility requirements at any time, in its sole discretion.

Fees, Refunds, Account Suspensions, Etc.

Unless stipulated in a standalone agreement, such as a Data licensing agreement, you agree:

  • BrightSpeed reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
  • If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
  • If, for some reason, we are unable to process your credit card order, we will attempt to contact you and we will suspend usage of your account until your payment can be processed.
  • You agree to pay for all Services, even if your direct marketing or digital marketing message is blocked or denied by any third party.

No Warranties : to the maximum extent permitted by law, the material on this website and the services (including all data, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.

Limitation of Liability : to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the Services. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

Indemnity : You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, to this Website or our Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.

Miscellaneous

Force Majeure : We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.

Survivability : The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

Severability : The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

Interpretation : The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.

Amendments : No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Use or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the "Additional Terms.")

The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.

Further Actions : You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

Notification of Security Breach : In the event of a security breach that may affect you, we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals on one or more of your Lists, you will promptly forward such information to the individuals on such List or Lists.

Amendments : No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.

Entire Agreement : The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.

   
 

 
 
Privacy Policy

BrightSpeed brings together companies, professionals, and consumers in order to inform them of special offers, new products, and other buying opportunities (collectively referred to as "Offers" below) with our business clients and partners who wish to identify and contact companies, professionals and consumers and who are most likely to be interested in what our clients, and end-clients and resellers of our partners, have to offer. Our "Contacts" include companies, professionals, employees or independents as well as consumers and business executives at their home address.

BrightSpeed is concerned about privacy of our Contacts and respects the wishes of those Contacts who do not wish to receive such Offers. The purpose of this Privacy Policy is to give notice of:

  • The types of information that BrightSpeed collects and how we collect it
  • How the information is used by BrightSpeed
  • What information BrightSpeed shares with selected third parties
  • Security of the information collected

BrightSpeed’s Privacy Policy complies with the CAN-SPAM Act, the federal Children’s Online Privacy Protection Act, the California Privacy Protection Act, and the Direct Marketing Association (DMA) Privacy Promise, as we are members of DMA.

This policy applies only to privacy policies at BrightSpeed. Third parties, from which BrightSpeed collects, sells or licenses Contacts, may have different privacy policies. BrightSpeed is not responsible for the privacy policies of any other third party.

What type of information does BrightSpeed collect and how do we collect it?

Our database is a multi-sourced, aggregated file that may include information from the following sources:

  • Telephone Directories
  • Annual Reports, SEC Filings
  • Email Campaigns
  • Business Card Collections
  • Governmental Records and Filings
  • Public Record Information
  • Telephone Surveys
  • Online Registrations and/or Offers
  • Trade Magazine Subscriptions and/or Whitepaper Offers

For clarity’s sake, BrightSpeed brings together data from various sources. This includes information such as first and last names, email addresses, and physical location addresses. BrightSpeed then correlates that information with other data, such as firmographic information and installed technologies, which is obtained from various sources.

BrightSpeed knowingly purchases, receives and stores Contacts from other businesses that collect it through their own direct relationships or more often from businesses that accumulate Contacts that were by collected by others.

BrightSpeed then validates in three different ways that the Contacts represented in its databases are willing to receive third party Offers. The first check occurs when BrightSpeed receives Contacts from other businesses who are not in the active BrightSpeed database; BrightSpeed sends these Contacts an email giving them an opportunity to avoid receiving third party Offers by opting out of the BrightSpeed database. A second check occurs when BrightSpeed periodically sends all Contacts in its active database an email giving them an opportunity to avoid receiving third party Offers by opting out of the BrightSpeed database. A third check occurs each time an Offer is sent to Contacts; with each Offer, whereby Contacts are given the opportunity to opt out of receiving further Offers from the source, or to opt out of the BrightSpeed database, or to do both. In all cases, our Contacts are given the opportunity to opt-out on each mailing in compliance with the Can Spam Act of 2003 and DMA best practices.
BrightSpeed does not knowingly collect personally identifiable information either directly or from third party sources relating to anyone under age 13 and takes reasonable steps to avoid including such information in the BrightSpeed database. Furthermore, BrightSpeed does not include in its database such sensitive information as medical records, social security numbers, credit card numbers or personal credit history.

How is the Data directly used by BrightSpeed?

BrightSpeed analyzes the profiles in its databases to identify Contacts with characteristics that make them seem more likely to react favorably to an Offer, which may be transmitted or deployed by BrightSpeed.

BrightSpeed may use the results of these analyses to send Offers by email to the attention of those Contacts on behalf of its business clients or partners. BrightSpeed only discloses personally-identifiable data to its business clients for use in connection with Offers approved by BrightSpeed. By contract, we limit use of the data to the Offer that was approved and forbid any other use. After the data has been used in connection with the Offer, we require that it be permanently erased from client files and databases.

How is the Data used by Clients, Partners and Third Parties?

BrightSpeed uses the identifiable information we collect to offer clients a wide variety of information products and services. These products and services include (but are not limited to) lists, profiles, models, data enhancements, and turn key marketing programs. BrightSpeed also licenses our databases to authorized resellers and third parties for marketing purposes. Authorized resellers and third party clients must agree contractually that they operate in compliance with the Can Spam Act of 2003 and DMA best practices.

BrightSpeed will also disclose information in response to a legal subpoena or other legal process, or if reasonably necessary to protect the property, rights, or safety of BrightSpeed, it’s clients, or the public.

Security of BrightSpeed Data

BrightSpeed takes reasonable and appropriate measures to protect against unauthorized access, alteration, destruction or disclosure of data in the BrightSpeed databases.

Internally, we restrict employee access to personally identifiable information in our databases on a “need to know” basis and strictly forbid any use of data that is inconsistent with this Privacy Policy.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information offline. All user information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (e.g. billing clerks or customer service representatives) are granted access to personally identifiable information, and then only through password protected screen savers. Furthermore, all employees are kept up-to-date on our security and privacy practices. When new policies are added, our employees are notified and/or reminded about the importance we place on privacy and what they can do to ensure our customers’ information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
We will use all legal procedures at our disposal if any of these rules are violated.

Use of Cookies

From time to time, a cookie may be sent from one of BrightSpeed’s websites, or those of clients and partners, to a Contact’s hard drive. Cookies remember information about the user to be recalled at a later time. Cookies are commonly used to customize pages for you based on your browser type or other preferences or information you may have provided through the website. If a user chooses not to accept cookies they may still use our sites, or those of clients and partners, however cookies enable us to track and target the interests or preferences of Contacts to enhance their experience while on our site. Some of our business partners may also use cookies on our site (i.e. advertisers), however we have no access to or control over these cookies.

Use of Log Files

IP addresses are used to analyze trends, track Contacts movement, and gather broad firmographic or demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Website Use
By visiting our website, you agree to our use, retention, and disclosure of your information as described in this policy.

How can Contacts gain access to personally identifiable information about themselves and request deletion of that data from BrightSpeed’s records?

Anyone can gain access to personally identifiable information in the BrightSpeed databases relating to him or her for the purpose of checking its accuracy, updating the information, or for any other lawful purpose, by contacting us with a detailed request.

Deletion from the BrightSpeed Email Databases

As noted above, BrightSpeed periodically sends an email to all Contacts in its active databases giving them an opportunity to avoid receiving third party Offers by opting out of the BrightSpeed databases. This occurs approximately twice per year. Email addresses for Contacts are SMTP verified weekly or upon each rebuild of the database.

Each time an Offer is sent to our Contacts, they are given the opportunity to opt out of receiving further Offers from the same source, or to opt out of BrightSpeed database, or both. Our Contacts may also contact us directly to have their information deleted from our database.

Opting out of BrightSpeed’s databases

Once a Contact’s email address is removed from the active BrightSpeed databases by one of these means, we will not make any further use of personally identifiable information about the Contact, and will not subsequently give such information to our business clients for their use, in connection with Offers. Also, once removed, a Contact’s email address will not be added back to our active databases without specific permission; we will permanently note the election to opt out in a file separate from our active database and as new data comes in, we will cross-match it with the separate file.

Effective Date

This Privacy Policy is effective with respect to all data that we have collected, or collect, about and/or from you, both prior to your registration as a You and/or during the Term, in accordance with the Terms of Use.

Questions

If you have any questions, comments, or concerns or wish to update, delete or change any Personal Information submitted on this Site, or have any questions about our Privacy Policy, please notify us through postal mail at:

BrightSpeed LLC
1100 Peachtree Street
Suite 200
Atlanta, GA 30309

Or you can use our Contact Form to email us.

Updated 09/11/2012

 
 

 
   
Copyright Policy

Pursuant to Title 17, United States Code, Section 512(c), all notifications of claimed copyright infringement relating to content or campaigns posted on this website or used by BrightSpeed's clients should be sent to BrightSpeed, as set forth below.

Note: The following information is provided exclusively for notifying us that your copyrighted material may have been infringed. You will not receive a response to such inquiries. Under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner's licensee that is injured as a result of our relying upon your misrepresentation.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include, substantially, the following:

  • An electronic or physical signature of the owner, or of a person authorized to act on behalf of the owner, of the exclusive copyright interest that was allegedly infringed.
  • Identification of the copyrighted work (or works) that you claim has (or have) been infringed.
  • The location where the original, or an authorized copy of the copyrighted work, exists (for example, the URL of a web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.).
  • A description of the material that you claim is infringing
  • A clear description of where the infringing material is located on our website, including its URL, so that we can locate the material.
  • The name, address, telephone number, and e-mail address of the owner.
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

BrightSpeed
1 Florida Park Drive S.
Suite 308
Palm Coast, FL 32137


   
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