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MAS Global Email List Storage and Solicitation Agreement
"No Spam" and Privacy Policies
You may use MAS GLOBAL services only for "opt-in" lists, lists in which the recipient has in some capacity voluntarily agreed 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 MAS Global 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 MAS GLOBAL or 2) use a Privacy Policy that contains the same provisions as the Privacy Policy that is provided by MAS GLOBAL. 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 MAS Global, harmless from any damages and claims arising from any violation of this policy. You will ensure that anyone in your organization or affiliated entities who uses MAS GLOBAL services (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement. You, at your own expense, will indemnify, defend and hold harmless MAS Global, its Affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against MAS Global or an Affiliate based on or arising from a claim that any content or material you or your organization distributed using MAS GLOBAL services that violates any of the Restrictions or Terms, such as violation of the Privacy Policy or using MAS GLOBAL 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) MAS Global provides you with prompt notice of any such claim; (ii) MAS Global permits you to assume and control the defense of such action, with counsel chosen by you (who shall be reasonably acceptable to MAS Global); and (iii) you do not enter into any settlement or compromise of any such claim without MAS Global' 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 MAS Global or an Affiliate in connection with or arising from any such claim, suit, action or proceeding. It is understood and agreed that MAS Global 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 MAS GLOBAL services.Unacceptable Use Policy
You may not use MAS
Global services to:
1.
send unsolicited email messages ("UCE",
"Spam") to anyone without their permission.
2.
send unsolicited email messages to email addresses obtained
from any purchased UCE
or MASS SPAM Lists that were not originally compiled with OPT-IN
permission.
3.
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.
4.
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 MAS Global.
5.
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.
6.
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.
7.
perform or promote illegal activities such as starting or
forwarding chain letters, illegal contests or promotions, or any other activity
that is illegal.
8.
impersonate, use the name of (without expressed permission),
or misrepresent any individual, group, or organization.
9.
violate any applicable governmental laws or regulations or
perform any activity that would cause MAS Global to violate any law, statute or
regulation.
You may not allow a third party to
use your MAS Global account and agree to indemnify and hold MAS Global, harmless
from any damages or claims arising from such use by any third party.
You must use the
subscribe/unsubscribe information provided by MAS Global in each message you
send using MAS Global’s services.
