TERMS OF SERVICE

In agreeing with the terms of service on our account signup form, signing up, communicating with us, paying for and/or using our services, you are agreeing to be bound by the conditions and terms of this agreement, our acceptable use policy, and our privacy policy.

Last Revision: 25-Aug-2019

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Mosaic Terms of Service

These Terms of Service (the “Agreement”) are an agreement between Mosaic Data Services, Inc (“Mosaic” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Mosaic (the “Services”).

Please read this agreement carefully. By agreeing to our terms of service on the account signup form, signing up, communicating with us, paying for and/or using our services, you are agreeing to be bound by the conditions and terms of this agreement, our acceptable use policy, and our privacy policy.

Table of Contents

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

Additional terms and agreements may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you host a private server with us, then the terms of the Colocation Agreement will also apply to you and would be incorporated herein.

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Account Setup & Eligibility

By registering for or using the Services, you represent and warrant that:

  • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
  • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Mosaic is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Mosaic Billing and Customer Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

The Service and any data you provide to Mosaic is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

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Account Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer.  Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Mosaic be held liable for any lost or missing data or files resulting from a transfer to or from Mosaic. You are solely responsible for backing up your data in all circumstances.

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Acceptable Use Policy

Mosaic Data Services takes a zero-tolerance approach to SPAM originating from our Customers, or from our Customers’ customers, or for SPAM advertising web sites of our Customers or our Customers’ customers. Mosaic reserves the right to decide as to what constitutes abuse and Acceptable Use is left entirely up to the discretion of the Mosaic staff. For more information, please visit our complete Acceptable Use Policy page.

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Privacy Policy

Mosaic’s privacy policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, Mosaic’s Privacy Policies are subject to change. To review our complete Privacy Policy, please visit our Privacy Policy page.

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User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Mosaic that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to Mosaic a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Mosaic does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

Mosaic exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Mosaic’s computers, network hubs and points of presence or the Internet. Mosaic does not monitor User Content. However, you acknowledge and agree that Mosaic may, but is not obligated to, immediately take any corrective action in Mosaic’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Mosaic shall have no liability due to any corrective action that Mosaic may take.

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Compliance with Applicable Law

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy)and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

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Account Security and Mosaic Systems

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Mosaic may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Mosaic may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Mosaic of an issue, we reserve the right to leave access to services disabled.

Mosaic reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

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HIPAA Disclaimer

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Mosaic does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Mosaic is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support@mosaicdataservices.com.

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Compatibility with the Services

You agree to cooperate fully with Mosaic in connection with Mosaic’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Mosaic is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Mosaic to provide the Services, which may be changed by Mosaic from time to time in our sole discretion.

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Billing / Payment / Suspension

Payment / Prepayment: It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal: Unless otherwise provided, you agree that until and unless you notify Mosaic of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes: Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Mosaic’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment: All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Mosaic may suspend or terminate your account and pursue the collection costs incurred by Mosaic, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Mosaic will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Mosaic directly after you make a late payment to reactivate the dedicated server.

Domain Payments: It is solely your responsibility to notify Mosaic’s Billing department via a support ticket created from the Mosaic Billing and Customer Support Portal after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Mosaic is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud: It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Mosaic may report any such misuse or fraudulent use, as determined in Mosaic’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes: You have ninety (90) days to dispute any charge or payment processed by Mosaic. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Payment Card Industry Security Standard Disclaimer: Mosaic complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Mosaic does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

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Price Change

Mosaic reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Mosaic through the user billing tool or through other methods of communication, including notices sent or posted by Mosaic.

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Money Back Guarantee / Refunds (Domains and Licenses)

If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, be entitled to a full refund of any fees paid for the service being cancelled. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.

Money back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Mosaic reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.

Domain Names – Domains that you order from Mosaic Data Services are non-refundable at any stage, refunds that are given are only provided if the there is a fault with registration or the order does not process successfully between our Registrar account and our billing services. Refunds will not be given if the domain has been successfully registered on our Registrar account.

Licenses – Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from the purchase date. — Mosaic cannot refund payments based around Licenses that you order and then do not use or cancel within the first month of your services, this carries onto following months.

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Cancellations

You may terminate or cancel the Services by giving Mosaic thirty days written notice via the cancellation form in the Client Support portal. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Mosaic may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Mosaic will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: 240-399-3900.

We require all cancellations to be done through the online support portal or ticket system in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.

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Termination

Mosaic may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Mosaic or others or cause Mosaic or others to incur liability, as determined by Mosaic in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Mosaic shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Mosaic may charge you for all fees due for the Services for the remaining portion of the then current term. Mosaic may terminate your access to the Services FOR ANY REASON upon thirty days written notice.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. We may keep data from terminated accounts for a reasonable period after termination and provide you with access to that data upon request and availability.  IP addresses, space and backup (including data on Backup Services) are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to termination. We have no obligation to forward data, e-mail or any other digital assets following termination.

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Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month will not be carried over to the next month.

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Back Up & Data Loss

Your use of the Services is at your sole risk. Mosaic’s backup service varies from product to product so please check with the Support Team to determine the frequency and retention period of backups for your specific product or products. Mosaic does not take responsibility for files, databases, or any other data that is not backed up as part of Mosaic’s product offerings, or for any data points older than the established retention period. Some products do not include backup services unless specific agreements are established between you and Mosaic. Mosaic assumes no responsiblity for any data associated with these services.

Accounts and products that include routine backups but that exceed certain storage sizes may have backups stopped or otherwise limited. This decision will be made at Mosaic’s sole discretion. We will contact you by email to discuss data use and retention as needed. Please contact our support team for further details regarding your specific product.

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Reseller Client Responsibility

Resellers are responsible for supporting their clients. Mosaic does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their Reseller account and the actions of their clients’. Mosaic will hold any Reseller responsible for any of their clients’ actions that violate the law or the terms of service.

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Shared (Non-Reseller) Accounts

Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must establish and use a reseller account.

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Network Up-time Commitment

Mosaic strives to maintain a 100% network and server up-time service level. This up-time percentage is a monthly figure, and is calculated solely by Mosaic monitoring systems or Mosaic authorized/contracted outside monitoring services. If Mosaic fails to meet its 100% up-time guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Mosaic does not credit a full month’s service for minor downtime. This would not be financially healthy for Mosaic, and in turn would only negatively affect the service level Mosaic provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, Mosaic may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.

Exceptions: Customer shall not receive any credits under these Terms of Service in connection with any failure or deficiency of the Mosaic network caused by or associated with:

    • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
    • Telco Failure (i.e. Verizon™ cutting a fiber line somewhere).
    • Backbone peering point issues (i.e. UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast).
    • Scheduled maintenance for hardware/software upgrades.
    • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Mosaic utilizes only name brand hardware of the highest quality and performance.
    • Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime).
    • DNS issues not within the direct control of Mosaic.
    • Network floods, hacks, attacks from outside parties or individuals.
    • Failure or error of any Mosaic monitoring or measurement system.
    • Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Mosaic service(s) in breach of Mosaic Policy and Service Guidelines (AUP), by Client or others authorized by Client.

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Right To Refusal Without Cause

Mosaic may refuse to accept any customer or any website for participation in the Mosaic network as determined by Mosaic at its sole discretion.

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Indemnification

Customer agrees that it shall defend, indemnify, save and hold Mosaic harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mosaic, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mosaic against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mosaic; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Mosaic’s server.

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Arbitration

By using any Mosaic services, you agree to binding arbitration. If any disputes or claims arise against Mosaic or its subsidiaries, such disputes will be handled by an arbitrator of Mosaic’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

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Disclosure To Law Enforcement

Mosaic may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

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Disclaimer

Mosaic will not be responsible for any damages your business may suffer. Mosaic makes no warranties of any kind, expressed or implied for services we provide. Mosaic disclaims any warranty or merchant-ability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Mosaic and its employees.

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Copyright Policy

All content on this website is Copyright © Mosaic Data Services, Inc. and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of Mosaic Data Services, Inc.

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Changes To The Terms of Service

Mosaic reserves the right to revise its Terms of Service at any time without notice.

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If you have any questions regarding our Terms of Service, please contact us and we respond as quickly as possible.

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