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*TERMS AND CONDITIONS:
Estimates, when accepted, shall constitute an order based on the specifications, terms and conditions contained herein. Changes to these specifications, revisions in design, or any variance caused by the customer resulting in a change of time required to complete the project will be reflected in the final invoice. Unless otherwise stated, prices do not include any item that is not shown on the estimate, such as other outside materials, services or production. Customer certifies that all materials, text, intellectual property and physical property furnished to iStorm, Inc. (hereinafter referred to as "iStorm") or its agents are not restricted in their use due to copyright, liens or licensing agreements and that customer has permission from appropriate parties to use said materials in the manner as requested by customer. Customer agrees to hold harmless and defend iStorm, its agents or assigns against any and all actions resulting from use of customer furnished materials. iStorm makes every effort to store materials in a safe and reliable manner, but is not responsible for loss or damage of customer furnished materials. Please do not send any "one-of-a-kind" materials. All materials, intellectual property, ideas, concepts, and work product produced by iStorm or its agents remain the exclusive property of iStorm. Work elements used to create the final work remain the exclusive property of iStorm. iStorm reserves the right to reuse materials, concepts and intellectual property and experimental work not delivered to the customer by iStorm as part of the final delivery of services rendered. All works created or produced by iStorm, its agents and assign are the exclusive, copyrighted property of iStorm, subject to state, federal and international copyright laws. Photographs, ideas, logos, designs, and all other items licensed to iStorm are available for use by the customer only in the form as delivered to the customer by iStorm. Customer is solely responsible for final approval, including proofreading. Failure to approve materials shall constitute customer approval. iStorm shall not be liable for errors or omissions except for those documented in customer proof notations.

Unless otherwise stated, customer agrees to allow iStorm to refer to, display or otherwise make publicly available for viewing or exhibit any materials produced for purposes of demonstration, advertising or exhibit.

Orders are considered active only after all related materials needed to complete the project are received by iStorm. Orders are scheduled from the date that all materials and payments have been received.

iStorm does not guarantee delivery dates or mail dates. We will always attempt to meet deadlines, however, printing, production and mailing is dependent on third party schedules. iStorm is responsible for preparing and delivering materials to the US Postal Service, but is not responsible for USPS service delays, loss or damage.

In no case is iStorm liable for any damages beyond the value of work performed. iStorm is not liable for loss of business or implied damage.

Estimate expiration:
Estimates are valid for 30 days from date issued. iStorm reserves the right to review and modify all published pricing prior to order, subject to notification to customer. All prices shown in US Dollars. If an order is cancelled after design, writing, printing, production or mailing has started, the customer agrees to pay 150% of all charges incurred to the date of cancellation. Deposits are nonrefundable.

Interest charges of 2% or the maximum lawful rate, whichever is less, per month apply to all past due invoices.

Customer's mailing list(s), while in the possession of iStorm, is the exclusive property of the customer and shall be used only to provide services requested for and by the customer. Customer data will not be sold, rented, leased or offered for use to any other party except to complete mailing on behalf of the customer.

TERMS OF USE: Data Products
The terms and conditions set forth in this Agreement shall apply to the following Products when one or more of such Products are provided to Customer.

  • Consumer Lists
  • Business Lists

Fees/Payment Terms:
Customer agrees to pay iStorm, Inc. (hereinafter referred to as "iStorm") for the Products in accordance with the fees provided by iStorm, which are exclusive of taxes unless otherwise specified. iStorm may change the listed prices without prior written notice. The pricing for the Data is based on the Data Customer retrieves or analyzes through Customer's use of the Products. iStorm reserves the right to implement an additional processing charge on Customer's use of the Products with regard to "aggregation queries." For purposes of this Agreement, "aggregation queries" shall include, without limitation, the use of "sum," "count,", "average," or "group by" clauses or functions, or any queries that are not based on joining records based on the links created through iStorm's proprietary linking and integration technology.

Payment for the Products provided hereunder is due either: (i) at the time of order; or (ii) upon receipt of invoice, such payment obligation being contingent upon the type of Products selected. To comply with the payment obligations for the Products, Customer agrees to allow iStorm to perform a credit check and Customer agrees to provide iStorm with all credit or debit card information that iStorm requests in connection therewith. Further, Customer agrees that iStorm is hereby authorized to charge the fees that are owed for the Products to such credit or debit card.

If paying by invoice and in the event of a good faith dispute as to the calculation of an invoice, Customer shall immediately give written notice to iStorm stating the details of any such dispute and shall promptly pay any undisputed amount. The acceptance by iStorm of such partial payment shall not constitute a waiver of payment in full by Customer of the disputed amount. Any undisputed amounts not paid within thirty (30) days of the date due shall accrue interest at a rate of one percent (2%) per month or the maximum lawful rate, whichever is less. Failure to make timely payments shall constitute a default hereunder and shall entitle iStorm, in its sole discretion, to terminate this Agreement, suspend its provision of the Products, and require payment in advance until your account is paid in full.

Title.
Customer acknowledges that the Data contained within the Products shall at all times remain the intellectual property of the data provider or the third party data owners ("Data Owners") who provided the Data to the data provider, and that Customer has no proprietary rights whatsoever in the Data or Products.

Permitted Uses / Restrictions:
Customer may use the Data described in this Product Schedule in accordance with the following:

  1. The Data provided hereunder shall be rented for either one time use or unlimited use for one (1) year as specified in the estimate and invoice. The Data is for the Customer's own internal marketing programs and for no other purpose. Data shall be delivered to the customer in electronic form after all related invoices are paid in full. Safekeeping of data furnished to the customer by iStorm and its agents is the sole responsibility of the customer and iStorm shall not be liable for replacement or cost of lost data.
     
  2. The Data may be seeded to detect any unauthorized use or duplication thereof, and Customer agrees not to remove seeds from its mailing lists. If iStorm discovers unauthorized use or duplication by Customer, iStorm may invoice Customer for the full multiple use charge and pursue and other remedy at law or equity to which it may be entitled.
     
  3. All marketing efforts, solicitations, ad copy and/or other communications to be used in connection with any list created by or for Customer derived solely from the Data (i) shall be devoid of any references to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address; (ii) comply with all applicable privacy and data protection laws, rules and regulations; (iii) with respect to Customers who are members of the DMA, comply with all applicable privacy policies published by the DMA; and(iv) be in good taste in accordance with generally recognized standards of high integrity. Customer agrees to maintain its own internal nixie file for the suppression of its customer's records for those customers who wish to opt out of receiving telemarketing and direct mail solicitations.
     
  4. The Data shall be examined by Customer upon the delivery thereof and Customer shall notify iStorm in writing prior to the next scheduled mailing of any questions or problems. No notification shall be accepted after 10 business days.
     
  5. iStorm reserves the right to review and pre-approve the Customer's intended use of the Data, including, but not limited to, sample mail pieces, prior to iStorm's acceptance of an order. Customer is responsible for all materials intended for mailing to names/addresses on the Data provided by iStorm, and further agrees to (i) keep copies of mail materials for a period of no less than six (6) months after any mail date and (ii) provide one (1) copy of such materials to iStorm upon request.
     
  6. Notwithstanding the foregoing, any element (individual or a group of elements) provided to a Customer using "LifeStyle" Data as a selection or append may not be used in telemarketing activities.
     
  7. In the event that Customer utilizes vehicle registration/title information, Customer agrees to promptly provide to iStorm, if the Data Owner of such Data requests same of iStorm, a list of states included in each mailing, and one copy of all ad copy, telemarketing script or other communications produced by or for Customer using such information. Customer agrees to comply with any future requirements imposed upon the Data Owner by any state and made known to Customer.
     
  8. Customer acknowledges that the Federal Communications Commission ("FCC") has placed restrictions upon marketing activities using telephone numbers, facsimile numbers, and email addresses (data) for unsolicited marketing advertisements. Customer agrees that any use of facsimile numbers provided by iStorm as part of the Data will be used in strict accordance with all applicable laws, rules and regulations including, without limitation, the FCC's rules and regulations. Customer shall defend, indemnify and hold harmless iStorm from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from Customer's use of the data in violation of any federal, state or local statutes, ordinances, rules or regulations.

Remedies.
iStorm's sole obligation and Customer's exclusive remedy for any claim of defective Data or Data processing services that is made known to iStorm by written notice from Customer describing any errors in sufficient detail with any necessary backup information or documents shall be to correct the Data or reperform the services in question without charge or, at Customer's option, to refund the price paid by Customer for such services or Data. Customer acknowledges that some corrections of errors in the Data shall be dependent on the availability of same from the source of the applicable data.

Limitation Of Liability.
IN NO EVENT SHALL iStorm, OR ANY DATA PROVIDER OR OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.

Indemnification.
Customer shall defend, indemnify and hold harmless iStorm, its suppliers, and agents from and against any and all claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from Customer's misuse or unauthorized use of the Data.

Special Terms and Conditions:
In addition to the foregoing, the following special terms and conditions are applicable to Customer's use of the Products:

  1. If applicable and notwithstanding anything to the contrary in the foregoing, Customer may provide its own file, as enhanced with the Data, to its third party service bureau processor/consultant ("Third Party Processor") who is performing services for Customer in connection with Customer's own marketing programs; provided, that, prior to delivery of the Data to the Third Party Processor, Customer shall have obtained Third Party Processor's written agreement to: i) hold the Data in strict confidence; ii) use the Data only in connection with the services provided to Customer as part of Customer's marketing programs; and iii) not sell, rent or otherwise provide the Data to any third party.

Estimate Period:
Estimates are valid for 30 days from date issued. iStorm reserves the right to review and modify all published pricing prior to order, subject to notification to customer. All prices shown in US Dollars. If an order is cancelled after design, writing, printing, production or mailing has started, the customer agrees to pay 150% of all charges incurred to the date of cancellation. Deposits are nonrefundable.

Interest charges of 2% or the maximum lawful rate, whichever is less. per month apply to all past due invoices.