Anti Spam and Privacy Policies

You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).

In the event you use the service to conduct telemarketing activities, You warrant to us that you will take all required actions necessary to comply with applicable state and federal DO NOT CALL and TELEMARKETING registration statutes and regulations, and you will not use the Service in a manner which will result in a violation of any laws or regulation respecting such Service, including but not limited to the federal Telephone Consumer protection Act, 27 U.S.C. 227, et seq..

You may use mobileStorm 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 our "No Spam" 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 mobileStorm or 2) use a Privacy Policy that contains the same provisions as the Privacy Policy that is provided by mobileStorm. 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 mobileStorm harmless from any damages and claims arising from any violation of this policy.

mobileStorm is compliant with the CAN-SPAM Laws(http://www.spamlaws.com/federal/108s877.html) and enforces such practices for all of its clients. The company also works closely with the major anti-spam organizations such as Mail Abuse Prevention System (MAPS), SpamCop, Spamhaus, and Spam Prevention Early Warning System (SPEWS ensure that all of its clients are not in violation of spamming policies.

You understand that Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, mobileStorm does not have to share with you the email addresses, instant message handle, phone numbers, pager numbers or fax numbers of those who complain about your campaigns.

Addressing Spam Complaints

You are responsible for ensuring that your campaigns do not generate a number of abuse complaints in excess of industry norms, which may result in termination of services on your behalf. mobileStorm, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. In the event that your use of the Services results in your being listed on SpamCop or any other anti-spam organization, mobileStorm reserves the right to require that you utilize a "double opt in" service which will require newly added users to verify their assent to receiving your communications after they have been added to your database(s).

If a customer gets blocked (see the "Extras" section for an explanation of the different ways it is possible to get blocked and possible remedies to fix it), and contacts mobileStorm for customer service, whether by email or phone, mobileStorm may charge $10 per incident for the service, unless the block was the fault of mobileStorm.

If your account is flagged as being a potential spammer, mobileStorm will generally take the following steps:

• Spam complaint received -- Based on the severity (such as a spam trap) as well as volume of complaints, we will assess the situation and notify the client as to the violations.

• Account is temporarily suspended to give us time to properly investigate the claims.
  • If the block is due to numerous spam complaints, the client will have to wait until the threshold goes down before sending more mailings.

• If the block is due to a spam trap, mobileStorm will attempt to discover the seed address(es) but this may not be possible. The client will not be able to send mailings until the database is cleared of possible traps or may have to resubmit a new database

After the investigation, mobileStorm will determine whether or not it can continue to do business with the client.

Damages

You understand that the sending of unsolicited messages may result in fines, penalties, and the blocking of servers by spam filters and other spam preventing measures, and you shall reimburse mobileStorm for any fines or penalties assessed against, and shall be liable for damages caused to any mobileStorm server which is blocked as a result of your use of the Services covered herein. In addition to penalties which mobileStorm may impose if your campaign results in a server being blocked, mobileStorm shall have the right to charge your account for any time spent by its agents or employees addressing issues arising out of the unlawful use (or use in any manner inconsistent with the terms of this Agreement) of the Services, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.