By using the ListShack (“Company”) website (“Site”) you agree to the terms and conditions in this agreement. ListShack subscribers, new customers (“you”) are subject to these Terms & Conditions.
Upon payment in full for the services, ListShack 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.
Clarifications:
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.
Our unlimited plans are for individuals subject to a fair usage policy. If you plan on downloading in excess of 50,000 records per month please give us a call or email help@listshack.support and ask about plan enhancements to avoid having your account blocked.
If you provide the Site your email address or phone number, we may send you administrative messages (such as updated notifications, newsletters, and other news) relating to the Services or to respond to communications from you. By using our Services and/or not opting out of receiving information from Us, you acknowledge and agree that you may receive email or text messages on your mobile device from Us or other users of the Services. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply. In the event you change or deactivate your mobile telephone number, you will update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
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 immediately lose access to your subscription. Cancellations must be made online via the member dashboard. This refund policy extends to any payments made for increased download limits.
The Agreement shall be governed by and construed under the laws of the State of Utah, 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 Utah County District Court of Provo, Utah.
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.
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. Additionally, the terms of this agreement extend to any additional services provided by ListShack, including but not limited to increased download limits.