Mostad Marketing Cloud

Mostad Marketing Cloud Terms of Use

1. INTRODUCTION

These Terms of Use state the terms and conditions under which you may use this website (the "Site") and use any of the Mostad Marketing Cloud products and services. Please read this page carefully. If you do not accept these Terms of Use, do not use the, products and services or the Site as your use of the Site constitutes your agreement to abide by these Terms of Use. Tenenz, Inc. (owner of the Mostad Marketing Cloud website, all content and products referred to herein as "Mostad Marketing Cloud") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding to you.

2. MATERIALS ON SITE

2.1 Mostad Marketing Cloud authorizes you to view the materials on this Site solely for the personal, noncommercial use of the viewer. The contents of this Site, including, without limitation, text, graphics, images, software, video, multimedia, and other material, including without limitation, the Mostad Marketing Cloud Service (collectively, the "Materials"), are protected by copyright, trademark and other United Sates and foreign laws. Without limitation to the foregoing, Mostad Marketing Cloud retains a trademark on “Mostad Marketing Cloud” and retains a copyright on all Materials published on the Site, together with all products and derivations thereof. Unauthorized use of the Materials may violate copyright, trademark, and other laws. The information on this Site is for informational purposes only and does not create a business or professional services relationship between you and Mostad Marketing Cloud. Please see "Use of the Mostad Marketing Cloud Service" below for additional terms regarding your use of our Mostad Marketing Cloud Service. You will comply with all applicable laws regarding the use of the Materials and the Site. If you violate these Terms of Use, your permission to use the Materials and the Site automatically terminates. 2.1 The Service allows you to upload your firm’s logo as part of its Service customization. You warrant that you have rights to use this artwork. You understand that Mostad Marketing Cloud can remove any content that, in its sole discretion, is either inappropriate or lacks clear ownership rights.

3. OWNERSHIP

3.1 Unless otherwise stated, the Materials are owned by Mostad Marketing Cloud and its related companies. All trademarks, logos, artwork, and Video Creations used or referred to in this Site are the property of Mostad Marketing Cloud or their respective owners. Nothing on this Site confers any license or right to any copyright, patent, trademark or other proprietary interest of Mostad Marketing Cloud or any third party. Except for the specific right to view the Materials on the Site or with express written consent of Mostad Marketing Cloud, the Materials may not be modified, used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

3.2 Mostad Marketing Cloud and its licensors will have sole and exclusive ownership of all right, title, and interest in and to the Materials and all modifications and enhancements thereof. You may not sublicense, sell, transfer, copy, modify, or distribute the Materials, or any copy, adaptation, or portion thereof. You may not reverse assemble or compile, or otherwise translate the Materials. You acknowledge that Mostad Marketing Cloud claims and reserves all rights and benefits afforded under Federal law in the programs, data-base information, and user materials included in the Mostad Marketing Cloud Service as copyrighted works. Mostad Marketing Cloud reserves all rights not expressly granted in these Terms of Use.

3.3 You acknowledge that, in the event of your breach of any of the foregoing provisions, Mostad Marketing Cloud may not have an adequate remedy in money or damages. Mostad Marketing Cloud will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction, in addition to all other available remedies.

4. USE OF THE MOSTAD MARKETING CLOUD SERVICE

Subject to a User’s acceptance of all terms and conditions of the Mostad Marketing Cloud Service and timely payment of all subscription fees from time to time imposed by Mostad Marketing Cloud, such User's use of the Mostad Marketing Cloud Service shall be on the following terms and conditions.

4.1 Use of the Mostad Marketing Cloud Service by Any User

(a) By viewing the Mostad Marketing Cloud Service, you confirm that you have been issued a password directly by Mostad Marketing Cloud to access the Mostad Marketing Cloud Service or you have received a password directly from the accountant or tax professional Subscriber to view the Mostad Marketing Cloud Service for informational purposes only.

(b) Mostad Marketing Cloud grants you a limited, nonexclusive, non-transferable, revocable license to view the Mostad Marketing Cloud Service for the personal, non-commercial use by you or any other viewer pursuant to the terms set forth in these Terms of Use. This includes using the Service on one valid domain address owned or controlled by you. Should you wish to display this Service on multiple domains you must request this in writing. Additional fees may apply.

(c) You agree that under no circumstances shall you provide any personally identifiable information such as name, address, email address or phone number to Mostad Marketing Cloud, unless ordering or inquiring about one of our services and to provide this information for branding your Subscription. As a Subscriber, you agree to maintain your account and provide a valid address including a valid email and valid phone number at all times. This valid contact information is required at all times.

(d) You agree to use the Mostad Marketing Cloud Service for informational purposes only and will not use the Mostad Marketing Cloud Service as a substitute for a professional's review and advice for anyone's tax situation. You acknowledge that Mostad Marketing Cloud does not provide tax or accounting advice and Mostad Marketing Cloud shall not be liable to you for any misinterpretation or misunderstanding of the Mostad Marketing Cloud Service by you or any other party. If you are a tax professional you should review the Service or you should discuss any Mostad Marketing Cloud Service content you view with your tax professional and look to a tax professional for any tax advice and to determine the applicability, risks and benefits of any information described in the Mostad Marketing Cloud Service. You are solely responsible for discussing the cost of all services and determining if any video content is applicable to your situation.

4.2 Additional Terms Applicable to Use of the Mostad Marketing Cloud Service by Tax and Accounting Professionals. In addition to all other terms set forth in these Terms of Use, tax and accounting professionals shall also comply with the terms set forth in this section. If you are a tax and accounting professional, you may only use the Mostad Marketing Cloud Service in accordance with the written agreement between you and Mostad Marketing Cloud and you must have obtained a password directly from Mostad Marketing Cloud for use of the Mostad Marketing Cloud Service. Your failure to comply with these Terms of Use or the terms of your written agreement with Mostad Marketing Cloud may result in revocation of your license and password to use the Mostad Marketing Cloud Service, and Mostad Marketing Cloud may pursue all other remedies available to it. You agree to use the Mostad Marketing Cloud Service and present the Mostad Marketing Cloud Service to your clients for informational purposes only and will not use the Mostad Marketing Cloud Service as a substitute for your own review and advice regarding any tax situation. You are solely responsible for providing tax advice to clients and choosing the specific Mostad Marketing Cloud Service content shown or recommended to any client. You acknowledge that Mostad Marketing Cloud does not provide tax or financial advice and Mostad Marketing Cloud shall not be liable to you or any third party for any misinterpretation or misunderstanding of the Mostad Marketing Cloud Service by you or any third party, including without limitation, your clients or staff.

4.3 Each user of the Mostad Marketing Cloud Service shall include terms of use on its website or other published materials that includes a disclaimer and limitation of liability on its respective site or other materials that display the Mostad Marketing Cloud Materials, or products or derivations thereof, in substantially the same manner as set forth in Sections 5, and 6, below, and failure thereof shall be expressly subject to the indemnification obligations set forth in Section 7, below.

4.4 Each user of the Mostad Marketing Cloud Service shall obtain and maintain liability and professional liability insurance coverage in reasonable and customary amounts for its respective profession or industry.

4.5 The Service may contain links or connections to third party websites or services that are not owned or controlled by Mostad Marketing Cloud. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Mostad Marketing Cloud is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

4.6 By agreeing to the terms of service, you are granting permission for Mostad Marketing Cloud to create and post content on your behalf to the social media accounts you connect to the service. You authorize Mostad Marketing Cloud to administer content on your website and social media channels.

4.7 If you choose to use Mostad Marketing Cloud FirmVid service, you must have a subscription that allows such use and you must agree to the FirmVid Terms of Use Agreement (attached below), which you must accept electronically in order to use FirmVid products on your social media accounts. Upon termination of your subscription, users you must remove all usages of FirmVid assets and content from your website, social media, and any other properties that contain FirmVid products. You give Mostad Marketing Cloud the right to remove these assets if you do not.

5. DISCLAIMER

5.1 MOSTAD MARKETING CLOUD DOES NOT WARRANT THAT THE SITE OR MATERIALS WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER AND THE MATERIALS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MOSTAD MARKETING CLOUD IS NOT RESPONSIBLE FOR THOSE COSTS.

5.2 THE INFORMATION CONTAINED IN THE MATERIALS IS FOR GENERAL INFORMATION ONLY. ALL INFORMATION IN THE MATERIALS IS PROVIDED WITH THE UNDERSTANDING THAT THE MATERIAL CONTENTS SHALL NOT BE USED AS FINANCIAL, LEGAL, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES OF ANY KIND. AS SUCH, THIS VIDEO SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A FINANCIAL, ACCOUNTING, TAX, LEGAL PROFESSIONAL OR OTHER COMPETENT ADVISER. THE USE OF THE INFORMATION PROVIDED IN THIS SITE DOES NOT ESTABLISH ANY CONTRACTUAL OR OTHER FORM OF PROFESSIONAL ENGAGEMENT BETWEEN MOSTAD MARKETING CLOUD OR USER OF THE MOSTAD MARKETING CLOUD SERVICE AND THE VIEWER OF THE SITE OR ANY OF THE MATERIALS.

5.3 THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MOSTAD MARKETING CLOUD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOSTAD MARKETING CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS CONTAINED IN THE SITE.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL MOSTAD MARKETING CLOUD, ANY OF ITS SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES (INCLUDING WITHOUT LIMITATION ANY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR USE OF THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE MOSTAD MARKETING CLOUD SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOSTAD MARKETING CLOUD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE SOME OF THE LIMITATIONS SET FORTH IN THE SECTIONS ENTITLED "DISCLAIMER" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.

7. INDEMNIFICATION

You will indemnify, hold harmless, and, if Mostad Marketing Cloud requests, defend Mostad Marketing Cloud, its officers, directors, employees and agents, from and against any claims, liabilities, losses, actions, demands, costs (including without limitation attorneys' fees and costs), alleging or arising from or related to (i) your use of the Materials, including without limitation the Mostad Marketing Cloud Service or (ii) your breach of these Terms of Use.

8. GOVERNING LAW

You agree that these Terms of Use and any legal action or proceeding relating to this Site shall be governed by the laws of the State of Minnesota, without respect to its conflict of laws and principles. You agree to submit to the jurisdiction of the state and federal courts in Hennepin County in the State of Minnesota in any litigation or dispute arising out of or related to these Terms of Use or the Materials.

9. EXPORT RESTRICTIONS

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws.

10. GENERAL

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In the event of any termination or expiration of these Terms of Use for any reason, all provisions of these Terms of Use whose meaning requires them to survive shall survive the expiration or termination of these Terms of Use, including, without limitation, the provisions contained in the following Sections: "Ownership," "Disclaimer," "Limitation of Liability," "Indemnification," "Governing Law," and "General."

11. FEES AND PAYMENT TERMS

11.1 SUBSCRIPTION PLAN. The prices, features, and options of the Mostad Marketing Cloud Services depend on the Subscription Plan you select as well as any changes instigated by you. Mostad Marketing Cloud does not warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without notice.

11.2 REFUNDS. You will timely pay Mostad Marketing Cloud all fees associated with your Subscription Plan, Account or use of the Mostad Marketing Cloud Services. (a) MONTHLY SUBSCRIPTION For Users on a month by month payment schedule, a refund will be made if Company is notified not less than thirty (30) days before the beginning of the month.

(b) ANNUAL SUBSCRIPTION Annual subscription fees are fully earned upon payment. Your payments are non-refundable and there are no refunds for partially used periods, except as expressly provided in Section 12 of this Agreement.

11.3 RECURRING CHARGES. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly notify us of any change in your invoicing address and must update your Account with any changes related to your payment method. By completing your registration for a subscription plan, you authorize Mostad Marketing Cloud or it’s agent to charge your payment method on a recurring (monthly or annual) basis (“Authorization”) for (a) the applicable Subscription Plan charges; (b) any and all applicable taxes; and (c) and other charges incurred in connection with your use of the Mostad Marketing Cloud services. The Authorization continues through your Subscription Term and any Renewal Term (as defined in Section 12.2, below) until you cancel as set forth in Section 12 of this Agreement.

11.4 LATE FEES & COLLECTION CHARGES. If Mostad Marketing Cloud does not receive payment from your payment method, you agree to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Mostad Marketing Cloud to collect any amount that is not paid when due. Mostad Marketing Cloud may accept payment in any amount without prejudice to Mostad Marketing Cloud’s right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to Mostad Marketing Cloud may not be withheld or offset by you for any reason against amounts due or asserted to be due to you from Mostad Marketing Cloud.

11.5 INVOICES. Mostad Marketing Cloud will provide billing in a format we choose, which may change from time to time. Mostad Marketing Cloud reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. You agree to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within thirty (30) days, you agree to waive your right to dispute such problems or discrepancies.

11.6 BILLING CYCLES. The subscription fee for the Mostad Marketing Cloud service will be billed upon subscription purchase and monthly or annually (based on your subscription plan) thereafter unless and until you cancel your subscription service. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may change due to changes in your Subscription.

(c) MONTHLY SUBSCRIPTION For monthly subscriptions, we automatically bill your Payment Method each and every month on the date corresponding to the commencement of your paying subscription.

(d) ANNUAL SUBSCRIPTION For annual subscriptions, we automatically bill your Payment Method each and every year on the date corresponding to the commencement of your paying subscription. Annual subscription fees are fully earned upon payment.

11.7 PAYMENT METHODS. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Termination" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

11.8 TAX RESPONSIBILITY. All payments required by this Agreement are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on Mostad Marketing Cloud’s net income (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Mostad Marketing Cloud Services. Taxes shall not be deducted from the payments to Mostad Marketing Cloud, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, Mostad Marketing Cloud receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. You hereby confirm that Mostad Marketing Cloud can rely on the name and address set forth in your registration for a Subscription Plan as being the place of supply for sales tax purposes. Mostad Marketing Cloud’s and your obligations under this Section 5.8 (Tax Responsibility) shall survive the termination or expiration of this Agreement.

12. TERM AND TERMINATION

12.1 TERM. The Term of this Agreement begins on the date you accept it and continues until your Subscription Plan expires or your use of the Mostad Marketing Cloud Services ceases (including as a result of termination in accordance with this Section 12), whichever is later.

12.2 SUBSCRIPTION TERM AND AUTOMATIC RENEWALS. Our Subscription Plans automatically renew unless they specify otherwise. If you purchase a Subscription Plan it will automatically renew, unless, prior to the end of the current Subscription Term: (a) you terminate your Subscription Plan; (b) Mostad Marketing Cloud declines to renew your Subscription Plan, or (c) this Agreement is otherwise properly terminated as expressly permitted herein. Each renewal period is a “Renewal Term.” You authorize us to collect the then-applicable fees and any taxes for a Renewal Term. Subscription Plan fees and features may change over time.

12.3 TERMINATION BY CUSTOMER. You may terminate your Subscription Plan at any time upon (30) days’ advance written notice to Mostad Marketing Cloud via email at support@mostad.com or through “contact us” in the member area.

12.4 TERMINATION BY MOSTAD MARKETING CLOUD. Mostad Marketing Cloud may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination, Mostad Marketing Cloud at it’s discretion will provide you with an appropriate refund of the annual payment. Except for such refund, Mostad Marketing Cloud shall have no liability to you or any third party because of such termination. If Mostad Marketing Cloud terminates this agreement because you are in default of this agreement, no refund will be issued. You will be in default of this Agreement if: (a) you fail to timely pay any amount owed to us; (b) you or an Authorized User associated with your Account breach any provision of this Agreement or violate any published policy applicable to the Mostad Marketing Cloud Services; (c) you are or become subject to any proceeding under the Bankruptcy Code or similar laws; or (d) if, in our sole discretion, we believe that continued use of the Mostad Marketing Cloud Services by you (or your Authorized Users) creates legal risk for Mostad Marketing Cloud or presents a threat to the security of the Mostad Marketing Cloud Services or Mostad Marketing Cloud’s customers. If you are in default, we may, without notice to you: (a) suspend your Account and use of the Mostad Marketing Cloud Services; (b) withhold refunds and terminate your Account; (c) charge reactivation fees in order to reactivate your Account; and (d) pursue any other remedy available to us.

12.5 EFFECT OF TERMINATION. If this Agreement expires or is terminated for any reason: you will pay to Mostad Marketing Cloud any amounts that remain unpaid, as of the date of the termination or expiration, including those for the billing cycle in which termination occurs. As of the effective date of termination the limited license under your agreement shall also terminate and you shall no longer be able and shall have no further right to access or use Mostad Marketing Cloud Services.

13. SYSTEM REQUIREMENTS

It is understood that in order to use Services, a Windows PC with Internet Explorer 6.0 or higher must be used. Additionally, a stable connection to the Internet is required. Services may work in a limited manner on Macintosh, Unix, and other platforms, but there is no guarantee of functionality on non-Windows platforms.

14. DATA PURGES FROM YOUR ACCOUNT

Services reporting data is regularly purged from your account, in order to prevent our core database from growing beyond its capacity. Data is not recoverable once it has been purged.

15. ANTI-SPAM POLICY

At Mostad Marketing Cloud (heretofore "Mostad Marketing Cloud"), we are aware of our responsibilities as a good Internet citizen and are dedicated to protecting the privacy rights of other Internet citizens. We vigorously oppose the sending of unsolicited e-mail (spam).

Mostad Marketing Cloud does not allow anyone to use our Services for the purpose of sending spam. We refuse business from known spammers. If a current Mostad Marketing Cloud customer uses our services to spam anyone, that customer's services contract will be voided without refund.

We require that each e-mail message sent out from Mostad Marketing Cloud includes an easy way for subscribers to remove themselves via an unsubscribe link. If a recipient calls our offices and requests to be manually removed from a customer's list, we will manually unsubscribe the recipient from the Subscriber's account. If a Subscriber e-mails non-clients, the Subscriber acknowledges they are complying with Federal e-mail distribution laws and any state and local "non-solicitation" laws that apply to them.

All emails sent through these services require a physical address for the sender. This is to be in compliance with CAN-SPAM anti-spam regulations.

There are three ways by which a Subscriber may violate this Anti-Spam policy:

By sending spam.
By not responding properly to an inquiry from a Mostad Marketing Cloud staff member about the source of a particular e-mail list or e-mail address.
By not including the required elements on every mass e-mail sent through the Services.

Mostad Marketing Cloud may determine at its sole discretion whether a Subscriber is spamming. There are a number of factors Mostad Marketing Cloud and its services providers use to determine whether a Subscriber is spamming, including, but not limited to: complaints sent to abuse report addresses, SpamCop reports, complaints sent to any of Mostad Marketing Cloud' upstream providers, and evaluating a Subscriber's mass e-mail statistics and recipient addresses. Decisions made by Mostad Marketing Cloud personnel regarding a Subscriber's use of the Services are final.

Definition of Spam

Spam is unsolicited e-mail sent in bulk. Any promotion, information or solicitation that is sent to a person via e-mail without their prior consent, where there is no pre-existing relationship between the sender and the recipient, is spam.

Examples of Spam

Any e-mail message that is sent to a recipient who had previously signed up to receive newsletters, product information or any other type of bulk e-mail but later opted-out by indicating to the sender that they did not want to receive additional e-mail, then that e-mail is spam.
Any e-mail message that is sent to recipients that have had no prior association with the organization or did not agree to be e-mailed by the organization is spam.
Any e-mail message that is sent to a recipient without a way for a person to opt-out or request that future mailings not be sent to them is spam.
Any e-mail message that does not have a valid e-mail address in the From Line is spam.
Any e-mail message that contains any false or misleading information in the header, subject line or message itself is spam.
Any e-mail that says you can earn $1000s each week from home is spam.
Any e-mail message that promotes an adult web site is spam, unless the recipient has specifically requested information from that web site.
Any message that contains "ADV:", "ADV ADLT:", or "ADV ADULT" in the subject is spam.
Any message that is sent to e-mail addresses that have been harvested off of web sites, newsgroups, or other areas of the Internet is spam.
Any message that is sent to e-mail addresses that have been gathered via "e-mail appending", also known as, e-pending, is spam. E-pending is the practice of merging a database of customer information that lacks e-mail addresses for the customers with a third party's database of e-mail addresses in an attempt to match the e-mail addresses with the information in the initial database.

What is not Spam

An e-mail message is NOT spam if the recipient in any way requested e-mail be sent to them from the sender or the sender's organization.
Anytime an organization sends a mass e-mail message to one of its customers ("Users"), it is NOT spam provided that the organization offers a way for the customer to opt-out of future mailings and that the customer did not previously opt-out.
An e-mail message is NOT spam when sent to recipients who agreed to receive information or promotions from a partner organization (as long as there is a clear opt-out option).

ANY SUBSCRIBER THAT SENDS SPAM IS IN VIOLATION OF THIS ANTI-SPAM POLICY.

The Complaint Response Process

How we deal with complaints

Even though a customer may not be sending spam, complaints may still be received by Mostad Marketing Cloud from a Subscriber's recipients. It is Mostad Marketing Cloud's policy to respond individually to every complaint, so that the complainant knows his/her address was not harvested, sold, rented, or otherwise improperly added to a customer's lists. The Mostad Marketing Cloud Abuse staff and its services providers takes the following steps anytime a complaint is received:

Contact the E-Mail Manager for the Subscriber's account with a Services Abuse Inquiry. This inquiry will ask the Subscriber to confirm the list source, in general, and also to provide all specific information available regarding the particular e-mail address in question. Subscribers should respond within two business days of receiving an Abuse Inquiry from Mostad Marketing Cloud or one of its services providers. Failure to respond to the Abuse Inquiry is in itself a violation of this policy. Failure to provide all requested information about the e-mail address in question is a violation of this policy. The Subscriber may not respond directly to the complainant without prior approval from the Abuse staff.
The Abuse team reviews the Subscriber's response and the entire complaint and determines whether or not the Subscriber is in compliance with this policy.
Mostad Marketing Cloud or one of its services providers will respond to the complainant. As long as the Subscriber has been adhering to this policy, Mostad Marketing Cloud or its services provider will simply respond to the complainant letting him know how he opted in to receive e-mailings and reassure him that his e-mail address has been unsubscribed from future mailings. We carbon copy the Subscriber on our response to the complainant.
Should the Subscriber be found to be in violation of this policy, the Subscriber will receive a spam determination response from our Abuse team with specific information related to the violation.

Elements of each e-mail campaign

Every e-mail campaign sent out as part of the Services shall contain:

Information on how the recipient joined the list (clients, in most cases)
An unsubscribe mechanism, such as an unsubscribe link or instructions to reply back with "unsubscribe" in the Subject line;
Sender's postal address; and
Legal disclaimer on content that suggests consultation with any questions.

Why do we respond individually to every complaint?

We need to make sure that we serve our Subscribers in the best way possible. Proper response to spam complaints is essential to ensuring our reputation with e-mail providers all over the world. If the Services is used to send out spam or if we do not respond to spam complaints to inform the complainants that they did indeed sign up for our Subscriber's e-mailings, then we risk tainting our relationship with ISPs around the world and having our servers blocked by them.

We are here to help our Subscribers maximize the effectiveness of their e-mailings, educate them as to the best e-mail practices, and help them to avoid spam complaints.

16. PRIVACY POLICY

Your Email Lists and Data

While using this service, you provide third party email addresses which are owned by you. This data may be imported using an import contacts, manual entry, or using the client self-signup feature. Mostad Marketing Cloud, Inc. will not sell, rent, share, or otherwise make available your email lists and/or databases to anyone except internal support personnel who may be assisting you in troubleshooting your account, unless it is required to do so in connection with legal process or in accordance with any law, regulation or order of a court or regulatory agency of competent jurisdiction. Mostad Marketing Cloud, Inc. is not in the business of selling data. Mostad Marketing Cloud is in the business of providing a web-based mass email services.

Website Usage Information

We use your IP address to help diagnose problems with our server, and to administer our web site. We do not link your IP address to any personally identifiable information. We use tracking information to determine which areas our site users visit based on traffic to those areas. Mostad Marketing Cloud, Inc. does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.

Import Contacts

We utilize an import contacts feature to help you keep in touch with your contacts and/or other subscribed members to your campaigns. We make it easy for you to connect with your data in a variety of formats so that you can use it to send campaigns to these contacts from our site. At your request, we will work directly with your data (address book, spreadsheet, other data source) to assist you with this import connection.

Security Technology

The security of your personal information is important to us. When you enter sensitive information using the Digital Services Center, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link: https://www.thawte.com/resources/getting-started/how-ssl-works. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to personally identifiable information you submit while on our site.

We use session ID cookies. Session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser.

If you reject cookies, you will not be able to use the services provided at our site.

Legal Disclosure

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our web site.

Links to Other Sites

This web site contains links to other sites that are not owned or controlled by Mostad Marketing Cloud, Inc.. Please be aware that we, Mostad Marketing Cloud, Inc., are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this web site.

We reserve the right to modify these terms at any time, so please review it frequently. If we make material changes to the terms, we will notify you here, by email, or by means of a notice on our home page.

Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the "Mostad Marketing Cloud Content") are owned by or licensed to Mostad Marketing Cloud and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Mostad Marketing Cloud and our licensors reserve all rights in and to our Services and the Mostad Marketing Cloud Content.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Mostad Marketing Cloud Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your clients. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Mostad Marketing Cloud Content; (b) copy, reproduce, distribute, publicly perform or publicly display Mostad Marketing Cloud Content, except as expressly permitted by us or our licensors; (c) modify the Mostad Marketing Cloud Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Mostad Marketing Cloud Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Mostad Marketing Cloud Content other than for their intended purposes.

Any use of our Services or Mostad Marketing Cloud Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

User-uploaded images

When using our Services to upload images, you agree to abide by all applicable Copyright and Trademark laws. When you upload an image, you represent and warrant that you have rights to use the images you upload and to use/publish them through the Service. Mostad Marketing Cloud may, at any time, require you provide proof of rights to use any or all images you have uploaded.

Uploading images to the Service means that you are assuming all legal responsibility for any copyright, trademark, and/or Digital Millennium Copyright Act penalties, fines, or legal action. Mostad Marketing Cloud is in no way responsible for any penalties, fines, or legal action for images you have uploaded. By uploading images to the Service, you agree to indemnify, defend, and hold harmless Mostad Marketing Cloud its directors, officers, employees and agents, and defend any action brought against same with respect to any third party claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that arises out of any claim that an uploaded image infringes upon the intellectual property rights of any third party.

Failure to comply with Copyright and Trademark laws is a violation of the Terms of Use for the Mostad Marketing Cloud Service and will result in the permanent termination of all subscribed services without refund. If federal, state, or local laws require, your information will be shared with the appropriate law enforcement agencies.

FirmVid Terms of Use Agreement

IMPORTANT—READ CAREFULLY: This Mostad Marketing Cloud FirmVid Terms of Use Agreement ("TUA") is a legal agreement between you and Mostad Marketing regarding your subscription to FirmVid and your use of each video ad in our subscription service ("FIRMVID PRODUCT"). By sharing, embedding, emailing, or otherwise using the FIRMVID PRODUCT, you agree to be bound by the terms of this TUA. If you do not agree to the terms of this TUA, do not share, embed, email, or otherwise use the FIRMVID PRODUCT.

1. Your use of any FIRMVID PRODUCT is governed by the Mostad Marketing Cloud Terms of Use governing your use of the Mostad Marketing Cloud website and any other products and services you may access on the website.

2. You must not remove or alter any copyright notices on any and all copies of any FIRMVID PRODUCT.

3. You may only use the FIRMVID PRODUCT on social media platforms approved by Mostad Marketing Cloud. You may not distribute copies of any FIRMVID PRODUCT to third parties. This includes uploading, posting, or otherwise making FIRMVID PRODUCTS available to third parties through YouTube, Vimeo or other channels for commercial purposes.

4. You may not rent, lease, or lend the FIRMVID PRODUCT.

5. You must comply with all applicable laws regarding use of the FIRMVID PRODUCT.

Date of Last Update.

This agreement was last updated on March 10, 2020.

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Mostad Marketing Cloud
7901 4th St N, STE 300
St. Petersburg, FL 33702
Phone: 888.585.8424
Email: support@mostad.com

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