Mustang List

Easy-To-Use Communication & Marketing Tools

Email Marketing - Event Management - Social Media - Surveys - Task Management - CRM

TERMS AND CONDITIONS (last updated 1-1-2015)

IMPORTANT -- READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE ("MustangList.com"). BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS ("AGREEMENT"), THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS WEB SITE.

INTRODUCTION

1.1 Introduction.

The technology for this email list management service ("MustangList.com") is provided by Mustang Internet Services, Inc., and is furnished "as is" under this Agreement for the fees specified in the current rate schedule at http://mustanglist.com/pricing.php. You must read this Agreement and agree to its terms before you may use MustangList.com.

1.2 Modification of This License Agreement

Mustang Internet Services, Inc., reserves the right to change this Agreement, and any Additional Terms at anytime, effective upon making the modified provisions available on the MustangList.com (www.MustangList.com) web site. You are responsible for regularly reviewing these terms and conditions. Continued use of MustangList.com after any such changes shall constitute your consent to such changes, including changes in fees. Mustang Internet Services, Inc., does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.

2. LICENSE

2.1 License.

Mustang Internet Services, Inc. grants you a non-exclusive, nontransferable license to use MustangList.com for your organization in accordance with the terms of this Agreement. The information provided on this web site regarding Features, Pricing, Privacy Policy, and Anti-Spam Policy is incorporated herein by reference.

2.2 Ownership.

MustangList.com. and any associated Documentation are and shall remain the sole and exclusive property of Mustang Internet Services, Inc., and is copyrighted and licensed, not sold. And enhancements to the MustangList.com system made at the request of a customer are also the sole and exclusive property of Mustang Internet Services, Inc., even if the customer has provided payment or other inducements for such enhancements to be made.

2.3 Copyright.

MustangList.com and the Documentation, which includes the Privacy Policy provided with Mustang Internet Services, Inc., contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Mustang Internet Services, Inc.. You may not remove any proprietary notice of Mustang Internet Services, Inc. from any copy of the web site or the Documentation.

2.4 Restrictions.

You may not:

use or copy MustangList.com or the Documentation except as provided in this Agreement;
modify or merge MustangList.com or the Documentation;
publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on MustangList.com, the Documentation or any part thereof, or otherwise make available, the Documentation, in whole or in part, to any other person or entity;
remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on MustangList.com or the Documentation;
reverse engineer, decompile, translate, adapt, or dissemble MustangList.com, nor shall you attempt to create the source code from the object code for MustangList.com;
sublicense or assign the license for MustangList.com or the Documentation.

You must include subscribe/unsubscribe information provided by Mustang Internet Services, Inc. in each message you send using MustangList.com. You must also honor in a timely manner all unsubscribe requests sent directly to you from those who elected not to use MustangList.com's automated subscribe/unsubscribe features, regardless of how harsh or unpleasant the unsubscribe request may be.

You may not use MustangList.com to:

send unsolicited email messages (a.k.a., "Spam") to anyone without their permission;
send unsolicited email messages to email addresses obtained from any purchased or harvested email lists in which the recipient did not expressly request to receive your email messages;
send email messages that harass, embarrass, defame, abuse, threaten, are libelous or slanderous, or otherwise violate the legal rights of any individual, group, or organization;
send email messages that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substances, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by Mustang Internet Services, Inc.;
send email that contains copyrighted material, including text, graphics (including trademarked material), software or other material protected by intellectual property law, for which you do not have authorization to reproduce, publish, or otherwise distribute;
send email that contains a computer virus or other code or files that could damage, harm, or otherwise disrupt the operation of anyone else's computer or storage device, or violate the privacy or security of any individual, group, or organization;
perform or promote illegal activities such as starting or forwarding chain letters, illegal contests or promotions, or any other activity that is illegal;
impersonate, use the name of (without expressed permission), or misrepresent any individual, group, or organization;
violate any applicable governmental laws or regulations or perform any activity that would cause Mustang Internet Services, Inc. to violate any law, statute or regulation.

2.5 Confidentiality.

You acknowledge that MustangList.com contains valuable trade secrets of Mustang Internet Services, Inc. and you agree to maintain the confidentiality of MustangList.com using at least the same degree of care you use with your own confidential information.

2.6 Enforcement.

You acknowledge that upon your breach of Sections 2.3 or 2.4, Mustang Internet Services, Inc. shall be entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. Mustang Internet Services, Inc. may also seek damages as a result of such breach.

2.7 Terms.

This Agreement is effective from the date you create or first use an account on MustangList.com and shall continue for an indefinite period of time unless or until the account is terminated either by you or by Mustang Internet Services, Inc.. MustangList.com MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON TERMINATION OF THIS LICENSE. YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED. Mustang Internet Services, Inc. may terminate this Agreement immediately if: i) you fail to comply with the terms of this Agreement, ii) your account is dormant for a period of 90 consecutive days, iii) the MustangList.com service is discontinued, or iv) you have an overdue balance for any non-free services or products purchased on or through www.MustangList.com. If we do so, you must immediately stop using MustangList.com and associated Documentation, including sample documents provided within MustangList.com and all copies you made of them.

Monies pre-paid are not refundable.

You agree that Mustang Internet Services, Inc., has a lien on any data you store in the MustangList.com system and that upon any default of this agreement, said data becomes the sole property of Mustang Internet Services, Inc., which may rent, sell or otherwise make use of said data.

You authorize Mustang Internet Services, Inc., to charge any credit card you have provided, for any amounts due. You agree not to initiate any chargebacks and in the event you do, you agree to pay a fee in the amount of one thousand dollars ($1,000).

You agree to reimburse Mustang Internet Services, Inc. for any fees incurred by Mustang Internet Services, Inc. in collecting your payment, such as, but not limited to, bad check processing fees, credit card chargeback fees, and attorney fees. Venue for any litigation concerning this agreement will be in Cook County, Illinois.

2.8. Risks.

MustangList.com may have errors and may produce unexpected results. You agree that any use of MustangList.com will be entirely at your own risk. You agree to backup data and take other appropriate measures to protect programs and data. You may not allow a third party to use your MustangList.com account and agree to indemnify and hold Mustang Internet Services, Inc. harmless from any damages or claims arising from such use by any third party.

2.9. "No Spam" and Privacy Policies

You may use MustangList.com only for "opt-in" lists, lists in which the recipient has voluntarily signed up to be on your list and has not requested to be unsubscribed. Any messages sent to users who did not request to be on your lists, whether purchased or otherwise obtained without the recipients consent, will be deemed as "Spam" and may result in termination of your account without refund and legal action, including the pursuit of damages, against you for violating this "No Spam" policy. You agree to indemnify and hold Mustang Internet Services, Inc., harmless from any damages and claims arising from any violation of this policy. You also agree to abide by and display a Privacy Policy or link to a Privacy Policy on your list signup page. You must either 1) use the Privacy Policy provided by Mustang Internet Services, Inc. or 2) use a Privacy Policy that contains the same provisions as the Privacy Policy that is provided by Mustang Internet Services, Inc.. Any violation of this Privacy Policy may result in termination of your account without refund and legal action against you. You agree to indemnify and hold Mustang Internet Services, Inc., harmless from any damages and claims arising from any violation of this policy.

2.10. Use of Templates or Samples

Use of templates or samples provided in MustangList.com now or in the future shall be subject to their own Use and Disclaimer notices which shall be displayed within those templates or samples.

3. DISCLAIMER OF WARRANTIES AND REMEDIES

3.1 Disclaimer of Warranty.

MustangList.com IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mustang Internet Services, Inc. DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mustang Internet Services, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MustangList.com WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT MustangList.com WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN MustangList.com WILL BE CORRECTED, OR THAT MustangList.com IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.

If you receive a claim that the use of MustangList.com infringes a patent, copyright or other intellectual property right, you must promptly notify Mustang Internet Services, Inc. in writing. Mustang Internet Services, Inc., at its own expense and option, may (i) defend and settle such claim, (ii) procure you the right to use MustangList.com, (iii) modify or replace MustangList.com to avoid infringement; or (iv) refund the license fees you paid, if applicable. These are your sole and exclusive remedies for any and all claims you may have against Mustang Internet Services, Inc. arising out of or in connection with MustangList.com whether made or suffered by you or another person and whether based in contract or tort.

3.2 Limitations of Liability.

IN NO EVENT WILL Mustang Internet Services, Inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE MustangList.com OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF Mustang Internet Services, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 Indemnification

You, at your own expense, will indemnify, defend and hold harmless Mustang Internet Services, Inc., its Affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against Mustang Internet Services, Inc. or an Affiliate based on or arising from a claim that any content or material you or your organization distributed using MustangList.com or any use of MustangList.com by you or your organization that violates any of the Restrictions or Terms, such as violation of the Privacy Policy or using MustangList.com to send Spam, as set forth in this Agreement infringes in any manner any Intellectual Property Right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person's right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person; provided, however, that in any such case: (i) Mustang Internet Services, Inc., provides you with prompt notice of any such claim; (ii) Mustang Internet Services, Inc., permits you to assume and control the defense of such action, with counsel chosen by you (who shall be reasonably acceptable to Mustang Internet Services, Inc.); and (iii) you do not enter into any settlement or compromise of any such claim without Mustang Internet Services, Inc.' prior written consent, which consent shall not be unreasonably withheld. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Mustang Internet Services, Inc., or an Affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that Mustang Internet Services, Inc. does not intend and will not be required to edit or review for accuracy or appropriateness any content or material that you or organization distribute using MustangList.com.

4. GENERAL

4.1. Rights in Data.

You hereby assign to Mustang Internet Services, Inc. all right, title, and interest (including ownership of copyright) in any suggestions or comments related to your use of MustangList.com or the Documentation you provide to Mustang Internet Services, Inc. If Mustang Internet Services, Inc. requires it, you will sign an appropriate document to assign such rights.

4.2 Records.

You will ensure that anyone in your organization or affiliated entities who uses MustangList.com (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.

4.3 Technical Support.

Mustang Internet Services, Inc. will not provide program services or technical support except as indicated on the Features list, which may change at any time.

5. MISCELLANEOUS

5.1 Miscellaneous.

This license and the rights granted under this Agreement may not be transferred or assigned by you or your company. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Illinois, United States of America without regard to its principles of conflict of laws. The parties consent to the jurisdiction of the courts of the State of Illinois and the federal courts located within the State of Illinois, and any disputes shall be litigated solely in those courts. If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. Neither of the parties shall be liable for failures due to causes beyond their control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, or acts or omissions of carriers. You warrant that you will comply with all applicable laws and regulations that relate to the performance of this Agreement.

THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF MustangList.com OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT MustangList.com, THE DOCUMENTATION, OR INFORMATION ABOUT MustangList.com, AND THE DOCUMENTATION WITHOUT CONSENT OF Mustang Internet Services, Inc. AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. This Agreement constitutes the entire Agreement, supersedes all prior agreements, and changes are only effective when in writing and signed by both parties.

5.2 Invoices and Fees.

All invoices are due at the time they are presented. All pre-paid fees are non-refundable and will not be pro-rated. In the event litigation is required regarding your account client is responsible for Mustang's legal fees.

MustangList - Email List Hosting & Management Solutions

Mustang List

Easy-To-Use Communication & Marketing Tools

Email Marketing - Event Management - Social Media - Surveys - Task Management - CRM