Terms of Service
Contract with Do Not Track Us Inc.(last updated: April 13, 2013)
By clicking "I accept terms of service" box at left , I accept terms of service and agree that I have joined DoNotTrackUs.com to be listed in the Do Not Track Registry® and to reduce, control or eliminate the tracking of my data by third parties; I also hereby assert my ownership of all of my personal data. I further agree:
That I hereby am entering into a legal agreement with DoNotTrackUs.com and its parent company Pridatco Inc., (the Private Data Corp.) that acknowledges my ownership of my computer and its hard drive, and that all personal data on my computer, or on any other media, my cell phone, its hardware and software and my cell phone number and calling history. I hereby grant DoNotTrackUs.com the exclusive right to represent me as my agent in preventing tracking and for the marketing of any portion of my personal data for which I give marketing permission.
That I appoint DoNotTrackUs.com and its parent company Pridatco Inc., as my agent to maintain control and possession of all my personal data located in my record at Do Not Track Us in which I claim property rights, including data contained in public records or from other sources, which data is created by me, my transactions or otherwise based on my identity.
- That the cell phone equipment and numbers enrolled are my property, and I am the account holder for those numbers. Cell phone numbers not controlled by me will be enrolled separately by the proper family member.
That both sides agree, in the event I wish to terminate my membership, the interests granted under this Terms of Service are not terminated, expired or revoked to the extent of data records created before the date of termination, and likewise are not terminated for prior recorded data due to my death. Both parties agree that any profit-sharing or payments based on my data following death become the property of my estate.
That I consider any sale, lease or license or other use of my personal data by any other person or entity to be a violation of my personal property rights, my privacy and data ownership rights and contrary to my enjoyment of my personal property, my data privacy and the economic value of my data.
- That I claim my 4th Amendment rights under the U.S. Constitution for my data, including my email messages; further, that I have an expectation of privacy in my email under standards that require a search warrant to be issued only on probable cause for access to messages. Further:
- I do not knowingly expose my email to public view.
- I do not agree to nor intend to allow the use of any technology in any manner to acquire any of my communications or data.
That DoNotTrackUs.com, with my full and complete permission, agrees to market by annual license my request not to be tracked through my computer IP address or any other tracking methods which may be used to identify me or build a consumer interest profile of me, whether personally identified or not, and, if I choose, to also license my request not to be tracked or receive advertisements by my cell phone, or to have my cell phone and/or GPS data retrieved, stored or used by third parties.
- That I understand that in the event any of my data is included in any consumer data product sold, I will share in the net profits of such sales. In acknowledgement of my rights under this agreement, I grant my agent an interest in the property that is the subject of the agency, while I retain full ownership rights in my data.
That I have read and accept these Terms of Service.
Marketing Representation User desires to enroll and register with the DoNotTrackUs website for the purpose of limiting tracking or developing specific exception permissions for his/her data and to license such information exclusively through DoNotTrackUs.com. It is the intention of the user to grant this agency authority to DoNotTrackUs.com and to conduct certain other businesses relating to such activities. By enrolling, you hereby grant an exclusive license to DoNotTrackUs to collect, package, and license, sell or lease my IP address, my cell number, and other data (demographic, lifestyle, profile, GPS, location, transactional and other) but only with my express permission.
You agree to participate in audits or other verification activities conducted by DoNotTrackUs.com in enforcing the licensee agreements with ad networks, advertisers and websites. Such audits will be conducted to verify that licensees are adhering to their contract and following your wishes to be free of tracking or to conduct only the activities allowed under any exception license that you (our member) may expressly request or authorize. It is anticipated that such audits will be conducted in an automated fashion that will not require time or active participation on the member's part. The member will be notified when such audits are scheduled.
Agent – Principal
The relationship between DoNotTrackUs and the member in regard to a member's data, identity and information is one of agent-principal. The member (principal) expressly appoints the company as his/her general agent to represent the member in the collection, storage, aggregation and marketing of all data specific to the member.
AGENT DUTIES AND INDEMNIFICATION:
It is the agent's duty to store the principal's information and to act for and on behalf of the principal in enhancing the privacy of the principal regarding their data. The agent will neither intentionally nor negligently cause damage to the principal in this regard. Agent will use reasonable care and skill in performing these duties. The agent will keep the principal informed as to all facts that materially affect the agency relationship. The principal (member) agrees to indemnify agent in any instance of damage due to use of their data. Principal will also indemnify and hold Pridatco Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of member's breach of this Agreement, or violation of any law or the rights of a third party.
INFORMATION WE MAY COLLECT ABOUT YOU WHILE FULFILLING OUR DUTIES AS AGENT INCLUDE:
Information You Give Us. We receive and store any information you enter on our website, through registration, or any other manner. This may include member's name, the IP address of member's computer, the company member works for, postal address, email address, telephone number, marketing preferences, and other information.
Information From Other Sources. We may receive information about you from other sources. In order to fulfill our duties as agent, we may access your publicly available data from any source. Such data may be stored with all your other data, owned by you and accessible to you for review or correction at any time. This Website does not warrant the correctness of any data obtained from outside sources and cannot effect any changes to this data at its original source. We will provide, on a best efforts basis and to the extent such action is legal, the origin of such data for your information.
Automatic Information: We receive and store certain types of information whenever you interact with our web sites. For example, like many web sites, we may use "cookies," and we obtain certain types of information when your web browser accesses our or affiliated websites. This may include individual and aggregate visitor preferences and session information, as well as information such as your IP address and the browser you are using.
DoNotTrackUs.com does not verify the veracity of any site link. All links are periodically tested to ensure these are operational. No effort is made to ensure that they are accurate. These links and advertisers are offered without any express or implied warranty.
LINKING POLICY - COPYRIGHT
You may link to the this website free of charge. You can place the link www.DoNotTrackUs.com anywhere on your website so long as it does not state nor imply any endorsement or relationship. You may not link to or use our site in a derogatory fashion. You may use one screen shot of the homepage in any print publication. A sample copy of any use is all that is required. Please email a copy of the publication using printed excerpts to:
Subj: DNTU Copyright
2000 Mallory Lane #130-104
Franklin, TN 37067
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement do hereby agree as follows:
LICENSE GRANT: DoNotTrackUs grants you a non-exclusive license to access and use the materials on this website. The Logo may not be altered in any way. This Agreement and License will also govern any content upgrades provided by DoNotTrackUs that replace and/or supplement the original site or products, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
- REGISTERED TRADEMARK. The name DO NOT TRACK REGISTRY® is trademark protected and registered to Pridatco, Inc.with the U.S. Patent and Trademark Office.
DATA CONTROLS. The User will be presented with a request to collect certain personal data to populate the DoNotTrackUs database. Because the property rights, and other benefits depend on your participation and your agreement to store this data as Opt-in information in the website, failure to offer requested information is grounds for terminating your membership.
TERMINATION BY COMPANY. If you breach this agreement your right to use the logo and products will terminate immediately and without notice, but all provisions of this agreement except the license grant will survive termination and continue in effect. Upon termination, you must destroy all copies of the logo and any other products on the website or downloaded from the website.
TERMINATION BY MEMBER. A member may terminate his or her membership at any time by sending a written, signed request to the company. We will contact such member and verify this request. Member understands and agrees that the company cannot remove member's aggregated information from data products produced prior to member's termination request and that the company has a right to the continuing use of these prior records in perpetuity, unaffected by the change of circumstances or death of such member. The conditions of this section are subject to certain rights and interests as agreed to by the parties in numbered paragraphs 2-3 above/top of document.
PROPRIETARY RIGHTS. Nothing in this agreement will be construed to limit any rights granted under this license. Subject to the foregoing, the company reserves all intellectual property rights in its services and products, except for the rights expressly granted in this agreement. You may not alter any trademark, logo, copyright or other proprietary notice in or on the template letters/emails or other products on the website.
DISCLAIMER OF WARRANTY. THE PRODUCTS AND LETTERS ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, DoNotTrackUs HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT ANY PRODUCT ON THE WEBSITE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU (THE USER) BEAR THE ENTIRE RISK AS TO SELECTING THE PRODUCT AND LETTERS FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS ON THE WEBSITE. THE END RESULT OF THE USE OF THESE PRODUCTS AND LETTERS CANNOT BE ASCERTAINED BUT ARE INTENDED FOR THE USE AS DESCRIBED ON THE WEBSITE. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY PRIDATCO INC. AND DoNotTrackUs (THE “COMPANY”) AND THEIR DIRECTORS, OFFICERS, BOARD OF ADVISORS, EMPLOYEES, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "GROUP") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COMPANY'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $100 (ONE HUNDRED DOLLARS) AND THE FEES PAID BY YOU (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. ADVERTISERS, AD NETWORKS, WEBSITES AND CLIENTS/LICENSEES WHO LICENSE OR OTHERWISE PAY TO USE THE DATA PRODUCTS OF THIS SITE TO DELIVER ADVERTISING OR MARKET TO THE MEMBERS OF THE SITE ARE EXPRESSLY EXCLUDED FROM THE LIMITATION OF LIABILITY STATED IN THIS SECTION.
If you use this site, you are responsible for maintaining the confidentiality of your account (and password, if required) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the website only with involvement of a parent or guardian. The company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Your password (if required) is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify the website and change your password.
Protecting Your Personal Information. In addition to protecting your password, you should also take precautions to protect your personal identification information, such as your driver's license, Social Security number, or tax identification number. This information by itself or together with account information may allow unauthorized access to your accounts. You should treat personal information with the same level of care that you would for your account information. You should also protect and secure all information and data stored in any personal computer or other equipment you use to access this website.
Notices and Communications. Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we post such notice on the website or email them to the last known email address that we have for you in our records or when we otherwise make such notices available to you through electronic means. All notices and communications sent by you to us will be effective when we have received them and have had a reasonable time to act on them. You agree to notify us promptly of any change in your mailing address, email address or telephone number.
Attorney Fees. If we become involved in legal action to defend or enforce this agreement, you agree to pay our reasonable attorneys' fees and court costs, to the extent not prohibited by law.
(a) This agreement constitutes the entire agreement between the company and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of the company.
(b) Except to the extent applicable law, if any, provides otherwise, this agreement will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions.
(c) If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
(d) A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof