Terms of Service

Intelligent Lookup Services, Inc. Terms of Service (2010)
1. Acknowledgment and Acceptance of Intelligent Lookup Services, Inc. Terms of Service
All products and services described on the Intelligent Lookup Services, Inc (ILS) website are subject to the terms and conditions of this Intelligent Lookup Services Terms of Service (ILSTS) and any operating rules or policies that may be published by ILS. The ILSTS comprises the entire agreement between you (“The Customer”) and ILS and supersedes all prior agreements between the parties regarding the ILS web site and subject matter contained therein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "CONTINUE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ILSTS.
2. Description of Service
ILS is providing registrants with a capability to transmit data to ILS for processing and return to you “the Customer”. All information requested on original sign-up shall be referred to as registration data ("Registration Data"). If any information provided by a registrant is inaccurate, ILS retains the right to close an account and cancel all rights to use our online services.
3. Service Warranty
If Intelligent Lookup Services, Inc. is at fault and fails to process your order in accordance with the specifications confirmed by the customer and is accepted for processing by ILS, then ILS shall repeat the order in whole or in part as case may be, at no expense to our customer. If a repeat Job is not feasible, then ILS shall issue a credit to the extent of any portion of the Job is not processed satisfactorily.
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE SERVICE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. A REPEAT PROCESSING IN WHOLE OR IN PART, OR CREDIT IF APPROPRIATE, OF THE SERVICE IS THE MEMBER’S SOLE REMEDY FOR BREACH OF WARRANTY.
THIS WARRANTY WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM THE PROCESSING PROPERLY WAS AS A RESULT OF ERRORS IN THE DATA SUPPLIED BY THE CUSTOMER. ILS DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGES THAT THE CUSTOMER MAY INCUR BY REASON OF FAILURE OF PERFORMANCE OF OUR SERVICES, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
4. Modifications to Terms of Service
ILS may change the terms and conditions of the ILSTS from time to time. We will notify you in writing only if there are any substantial changes in the terms and conditions of this ILSTS.
5. Modifications to Service
ILS reserves the right to modify or discontinue any Service with or without notice to an online ILS customer. ILS shall not be liable to any online customer or any third party should ILS exercise its right to modify or discontinue any of its Service(s).
6. Disclaimer of Warranties
ILS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. ILS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ILS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and service availability information is subject to change without notice. Except as specifically stated on this site, neither ILS nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
7. No Resale of the Service
An online ILS customer’s right to use our services is personal to an individual ILS Customer. An ILS customer may be an individual, a corporation or other business entity. An ILS customer agrees not to resell our service(s) without the express consent of Intelligent Lookup Services, Inc.
8. Customer Conduct
An ILS online customer is solely responsible for the contents of his or her transmissions through our online service. Customer’s use of our service is subject to all applicable local, state, national and international laws and regulations. Customer agrees: (1) To comply with US law regarding the transmission of technical data exported from the United States through our online service; (2) Not to use our services for illegal purposes; (3) Not to interfere or disrupt networks connected to our online service; and (4) To comply with all regulations, policies and procedures of networks connected to our online service. Customer agrees not to transmit through our online service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. ILS may, at its sole discretion, immediately terminate our online service(s) to a customer should a customer’s conduct fail to conform to these terms and conditions of the ILSTS.
9. Indemnification
Customer agrees to indemnify and hold ILS, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of customer’s use of our online service(s), the violation of this ILSTS by a customer, or the infringement by a customer, or other user of our online service(s) using a customer’s computer, of any intellectual property or other right of any person or entity.
10. Termination
Either a customer or ILS may terminate the online service agreement with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. ILS shall not be liable to its customer(s) or any third party for a termination of our services. Should a customer object to any terms and conditions of the ILSTS or any subsequent modifications thereto or become dissatisfied with our online service(s) in any way, their only recourse is to immediately: (1) discontinue use of our online service(s); (2) terminate the online account; and (3) notify ILS of termination. Upon termination of the account, An ILS online customer’s right to use our online service(s) and software immediately ceases.
11. Notice
All written notices by either party shall be in writing and shall be made either via email or conventional mail. ILS may broadcast notices or messages through the internet to inform customers of changes to the ILSTS, ILS service(s), or other matters of importance; such broadcasts shall constitute notice to ILS registered customers.
12. Proprietary Rights to Content
ILS online customers acknowledge that content, including but not limited to text, software, graphics or other material presented to customers by the ILS web site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, ILS customers are only permitted to use this Content as expressly authorized by Intelligent Lookup Services, Inc.. ILS online customers may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Intelligent Lookup Services, Inc.. ILS and the ILS logo are registered trademarks of ILS Computer, Inc.
13. Laws
The ILSTS shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of law provisions. ILS online customers and Intelligent Lookup Services, Inc. agree to submit to the exclusive jurisdiction of the courts of the State of Maryland. If any provision(s) of the ILSTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ILS’s failure to exercise or enforce any right or provision of the ILSTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ILS in writing. ILS online customer’s and ILS agree that any cause of action arising out of or related to providing online services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the ILSTS are solely used for the convenience of the parties and have no legal or contractual significance.
14. Payment Terms
You can pay for the services you purchase from Intelligent Lookup Services, Inc. with through PayPal.com, MasterCard or Visa Card, or by being approved for and accept the terms of an ILS Network Credit Account.
The charge to your credit card will appear under the name of “Intelligent Lookup Services, Inc.”, all charges are computed in U.S. currency. If your credit card account is based in another country, the credit card issuer will convert to your local currency. Both the U.S. dollar amount and your local currency will appear on your statement. ILS customers are subject to the terms and conditions imposed by PayPal.Com, VISA and MasterCard for the payment of individual transactions. 
Invoices are due upon receipt. All amounts not paid within 15 days of the due date shall be subject to a service charge of the lower of 1.5% per month or the highest rate under applicable law effective from the invoice date. The customer agrees that it shall pay any and all reasonable attorney fees, court costs and other expenses incurred in the collection of any amounts owed by the customer and not paid when due. The customer agrees they (and not any other party) are totally responsible for any unpaid invoice, unless otherwise agreed to in writing by ILS.
If you choose to reject your order, we cannot accept any further orders until you contact our customer service department via email at CustomerService@intelligentlookup.com, via phone at (240) 243-4457 or fax at (240) 243-7000.
15. Information Collection and Usage
At Intelligent Lookup Services, Inc., we believe that the data you provide us to be processed belongs to you and you alone. Your data files are your property and are not used for any purpose except to process your order. We keep your data for 90 days so that we may refer to them in the unlikely event that there is a problem with the services that we provided to you. After 90 days, your files are purged from Intelligent Lookup Services, Inc.’s secure servers.
When you register at Intelligent Lookup Services, Inc., we request your name, email address, phone number, postal address, ZIP Code, state, and country. We use this data to manage registrations, and, when you place an order, to contact you about your order.
Only if you give us permission at time of registration will we use your email address, mailing address and/or phone number to contact you regarding new product/service offerings and other aspects of your use of the Intelligent Lookup Services, Inc., or associated web sites. If, however, you do not wish to continue to receive such communications, you have the ability to "opt-out" at any time by contacting us.
From time to time, we may ask you to answer surveys regarding current or future Intelligent Lookup Services, Inc. products and services. Participation in these surveys is always optional. Survey responses are only used in the aggregate, and are never linked to an individual. While our survey data is primarily for use within Intelligent Lookup Services, Inc. only, we may occasionally share the aggregate survey data with our development partners (e.g. web design, advertising and marketing agencies) in order to facilitate new product development.
We may occasionally have a special relationship with another company, an entity that we think of as a marketing partner. By this we mean that a portion or version of our web site is integrated into our partner’s web site or is integrated with our partner’s content or branding. In such circumstances, because we are jointly presenting our web site with a partner, and because the partner is referring customers to Intelligent Lookup Services, Inc., we may agree to share information with the partner as part of our formal contract with that partner, including confidentiality and use obligations and restrictions regarding how the partner may use the information. In these instances where Intelligent Lookup Services, Inc. and a partner jointly promote ILS’s Services, ILS may provide the partner certain account information, such as the name, address, and username as a result of a joint promotion with Intelligent Lookup Services, Inc. We only share this information for users coming to Intelligent Lookup Services, Inc. from a partner web site. Again, at the point of registration, you have the option to "opt-out" of receiving emails or promotional materials. If you have linked to Intelligent Lookup Services, Inc. through a marketing partner as described here, the web page you view will be co-branded with the marketing partner. If you would like information about the information use and practices of a marketing partner, Intelligent Lookup Services, Inc. recommends that you view the privacy policy of the marketing partner.
16. Tracing Information
Like most every web site, the Intelligent Lookup Services, Inc. web site records certain tracing information anytime someone may visit our site. For every web page that is viewed, our web server records an IP address, the operating system, browser version and the name of the page that was viewed.
This information is not linked to any specific user and is used in the aggregate to maintain and improve our Intelligent Lookup Services, Inc. web site.
17. Links to Other Sites
Our web site contains links to sites developed by other companies and organizations. Please be aware that these sites’ privacy policies may differ from ours.
18. "Opt Out" Policy
By default, we do not send Intelligent Lookup Services, Inc. customers any unsolicited email. We only send notifications of product updates, etc., if a user has specifically requested this information. The choice of whether or not to receive these notifications can be changed at any time by contacting us. We may on occasion send unsolicited email to prospects; however we adhere to the Direct Marketing Association E-Mail Privacy Guidelines that includes an “Opt-Out” provision via e-mail.
19. Updating Your Information
All of your personal information can be corrected or updated at any time by sending an email to CustomerCare@intelligentlookup.com.
20. E-Letter Website Security
The Intelligent Lookup Serv