By using the ListShack.com (“ListShack” or “Company”) website (“Site”) you agree to the terms and conditions in this agreement.
ListShack.com subscribers, new customers (“you”) are subject to these Terms & Conditions.
1. Allowed uses and restrictions
Upon payment in full for the services, ListShack.com grants to the client: a permanent; non-exclusive; non-transferable; and non-sublicenceable, license to use, edit, modify, copy, distribute and reproduce the intellectual property for the client’s own business use.
- You may use the marketing records for legally permissible marketing purposes. This includes telemarketing, door knocking, and mailing subject to any federal, state, or local laws.
- You may retain a copy of all records downloaded with unlimited usage rights.
- You may not utilize any type of scraping or data mining software or services for the purpose of extracting records from the database.
- You may not sell, license, dispense, or in any other way distribute any part of the database to any third party, or use Data in establishing an individual’s credit worthiness or eligibility for credit, insurance or employment. If you are interested in reselling our data please contact sales about our reseller program.
- You agree to comply with all applicable federal, state, foreign and local statutes and regulations, including, but not limited to the CAN-SPAM Act and the National Do Not Call Registry. You agree to all indemnification clauses stated in this agreement.
- You may not share your account information with any other users. If your account is suspected of abuse it may be suspended or cancelled without refund. This determination is at the sole discretion of ListShack and is not subject to appeal.
- In the event a subscriber is found to be reselling data without a valid reseller agreement the subscriber agrees to be liable for liquidated damages of $500 per list and an additional five cents per record. This is completely avoidable by contacting sales to get reseller rights. The terms of the reseller agreement may change at any time, with or without notice. Resellers will receive notifications about any changes to their terms of service by email notification to the email account listed with their registration.
2. Liability Limitation and Warranty Information
All data is believed to be accurate as it’s published. The information is provided “AS IS”. For the purpose of consumer data it is the customers obligation to ensure compliance with Telephone Consumer Protection Act (TCPA) rules including compliance with the DNC registry. Data is scrubbed against the DNC approximately every two weeks, but customers are encouraged to get a free SAN at https://telemarketing.donotcall.gov/ and use our online tool to maintain compliance. If you require assistance with this process you can take advantage of our paid support by emailing us.
Note: The courts have ruled the list buyers cannot be legally protected from fines or court actions based off the compliance a list broker provides. In fact, any marketer can be held liable for violating the DNC laws even if they are only calling numbers not listed on the DNC https://business.ftc.gov/documents/alt129-qa-telemarketers-sellers-about-dnc-provisions-tsr#Compliance. For more information regarding this please review https://business.ftc.gov/documents/alt129-qa-telemarketers-sellers-about-dnc-provisions-tsr.
4. Fair Usage and Right to Refuse Service
4. Cancellation & Refunds
You can cancel your subscription at any time. All subscriptions are non-refundable and no pro-rated refunds will be given. Please be sure to cancel at least three business days before the end of your billing cycle. Once you cancel you will still be able to enjoy the benefits of your membership through the end of your subscription period. Cancellations must also be made online via the member dashboard. This refund policy extends to any payments made for increased download limits.
5. Governing Law; Jurisdiction
The Agreement shall be governed by and construed under the laws of the State of Virginia, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the Circuit Court of Fairfax, Virginia.
You agree to be responsible for any failure by any of your representatives to comply with any of the provisions of this agreement. You agree to indemnify the company and its representatives and save them fully harmless from and against any loss, cost, damage, expense or liability suffered or incurred by any of them arising as a result of or in connection with any failure by you or any of your representatives to comply with any provision of this agreement.
7. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this agreement. This agreement may be modified in writing and any such modifications must be signed by both the you and the ListShack.com. Additionally, the terms of this agreement extend to any additional services provided by ListShack.com, including but not limited to increased download limits.