MustangList - Email List Hosting & Management Solutions
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.
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
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.
You may not:
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:
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.
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.
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.
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
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.
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.
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.
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.