Mind Spring Software & Media Legal -

LEGAL & COMPANY POLICY SUITE

Mind Spring Software & Media LLC

Davis, West Virginia 26260

mindspringsoftware@outlook.com

Effective Date: June 1, 2026

Jurisdiction: State of West Virginia, United States

This document constitutes the complete and legally binding policy suite for Mind Spring Software & Media LLC, a limited liability company duly organized and existing under the laws of the State of West Virginia. All policies contained herein are effective as of the date stated above and supersede any prior agreements, representations, or understandings.

TABLE OF CONTENTS

1. Privacy Policy 3

2. Terms of Service 7

3. Cookie Policy 12

4. Service Agreement & Client Contract Policy 14

5. Intellectual Property Policy 17

6. Refund & Payment Policy 19

7. Non-Disclosure & Confidentiality Policy 21

8. Acceptable Use Policy 23

9. DMCA & Copyright Policy 25

10. Disclaimer & Limitation of Liability 27

11. Governing Law & Dispute Resolution Policy 28

12. Accessibility Policy 29

13. Social Media & External Links Policy 30

14. Company Code of Conduct & Ethics Policy 31

15. Data Retention & Security Policy 32

1. PRIVACY POLICY

Effective Date: June 1, 2026 | Last Updated: June 1, 2026

Mind Spring Software & Media LLC (“Company,” “we,” “us,” or “our”), a West Virginia limited liability company located in Davis, West Virginia 26260, is committed to protecting the privacy and personal information of our clients, website visitors, and service users. This Privacy Policy describes how we collect, use, disclose, and safeguard personal information in accordance with applicable federal and state laws, including the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A), applicable Federal Trade Commission (FTC) regulations, and, where applicable, the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR).

By accessing our website or engaging our services, you acknowledge and agree to the practices described in this Privacy Policy.

1.1 Information We Collect

Personal Information You Provide

Full name, business name, email address, phone number, and mailing address

Billing and payment information (processed through secure third-party payment processors; we do not store full card numbers)

Project briefs, content, login credentials, or business information shared during service engagements

Communications, messages, and correspondence submitted via contact forms, email, or social media

Information Collected Automatically

IP address, browser type, operating system, referring URLs, and pages visited

Cookies, pixel tags, and web beacons (see Section 3: Cookie Policy)

Device identifiers and usage analytics via Google Analytics or similar services

Time and date stamps of website interactions

Information from Third Parties

Social media profile data when you interact with our social media pages

Publicly available business information for prospecting purposes

Referral information from partners or affiliates

1.2 How We Use Your Information

We use collected information solely for legitimate business purposes, including:

Providing, managing, and improving our software development, web design, media, marketing, and consulting services

Processing payments and managing billing inquiries

Communicating with clients regarding projects, proposals, and updates

Sending service-related notifications and, with your consent, promotional communications

Complying with legal obligations and enforcing our agreements

Detecting, preventing, and addressing fraud, security breaches, or policy violations

Conducting internal analytics to improve website performance and user experience

Fulfilling any other purpose disclosed at the time of collection with your consent

1.3 Legal Bases for Processing (GDPR Applicability)

Where GDPR applies, we process personal data under the following legal bases:

Performance of a contract — to deliver services you have engaged us to provide

Legitimate interests — for marketing to existing clients, fraud prevention, and business analytics

Legal obligation — to comply with applicable laws and regulations

Consent — for email marketing and non-essential cookies, which you may withdraw at any time

1.4 How We Share Your Information

We do not sell, rent, or trade personal information. We may share information with:

Service providers and subcontractors engaged to support our operations (e.g., payment processors, hosting companies, analytics providers), subject to confidentiality obligations

Professional advisors including attorneys, accountants, and insurers, under confidentiality

Law enforcement or government authorities when required by law, subpoena, or court order

Successors in interest in connection with a merger, acquisition, or sale of business assets

Third parties with your explicit written consent

1.5 Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, maintain business records, comply with legal obligations (including West Virginia and federal record-keeping requirements), resolve disputes, and enforce our agreements. Client project files are generally retained for a minimum of five (5) years following project completion.

1.6 Data Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect personal information against unauthorized access, alteration, disclosure, or destruction. These measures include encrypted data transmission (SSL/TLS), access controls, and secure storage practices. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

1.7 Your Privacy Rights

Depending on your jurisdiction, you may have the following rights:

Right to Access: Request a copy of personal information we hold about you

Right to Correction: Request correction of inaccurate or incomplete information

Right to Deletion: Request deletion of your personal information, subject to legal retention requirements

Right to Portability: Receive your data in a structured, machine-readable format

Right to Object or Restrict: Object to or restrict certain types of processing

Right to Opt-Out: Opt out of email marketing at any time via the unsubscribe link in any email

To exercise any of these rights, contact us at mindspringsoftware@outlook.com. We will respond within the timeframe required by applicable law (generally 30-45 days).

1.8 Children’s Privacy

Our services are not directed to individuals under the age of 13 (or 16 under GDPR). We do not knowingly collect personal information from children. If we discover we have inadvertently collected such information, we will promptly delete it.

1.9 Changes to This Policy

We may update this Privacy Policy periodically. Material changes will be posted on our website with an updated effective date. Continued use of our services after such changes constitutes acceptance of the revised policy.

1.10 Contact

Mind Spring Software & Media LLC | Davis, West Virginia 26260 | Email: mindspringsoftware@outlook.com | Website: https://mindspringsoftwaremedia.com

2. TERMS OF SERVICE

Effective Date: June 1, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OUR WEBSITE OR ENGAGING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

2.1 Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “User,” or “you”) and Mind Spring Software & Media LLC, a West Virginia LLC (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website located at https://mindspringsoftwaremedia.com and all software development, web design, media production, marketing, advertising, graphic design, video editing, social media management, SEO, and consulting services we provide (collectively, “Services”).

2.2 Services Offered

The Company provides the following categories of services:

Software Services: Web application development, mobile application development, web design and development, SEO and META optimization, and software consulting

Media Services: Marketing, advertising, graphic design, ad design, video editing, commercial design, social media management, and media consulting

The specific scope, deliverables, timeline, and compensation for each engagement are set forth in a written Statement of Work, Project Proposal, or Service Agreement between the parties.

2.3 Client Responsibilities

By engaging our Services, you agree to:

Provide accurate, complete, and timely information, materials, content, and access necessary for project completion

Designate a primary point of contact authorized to make decisions regarding your project

Review and provide feedback on deliverables within the timeframes specified in the project agreement

Ensure that all content, materials, and intellectual property you provide to us does not infringe any third-party rights

Comply with all applicable laws in connection with your use of our services and deliverables

Pay all fees as agreed and on time

2.4 Payment Terms

Payment terms are specified in each individual Service Agreement or Project Proposal. General terms include:

A deposit or retainer may be required before work commences

Milestone payments may be required for larger projects as outlined in the agreement

Invoices are due within the timeframe stated on the invoice (typically 15 or 30 days)

Late payments may incur interest at the maximum rate permitted by West Virginia law

Unpaid accounts may be referred to collections and/or subject to legal action

We reserve the right to suspend work on any project with outstanding unpaid invoices

2.5 Intellectual Property

Upon receipt of full payment for a project, and unless otherwise agreed in writing:

The Client shall own all custom deliverables specifically created for them under the engagement

The Company retains ownership of all pre-existing tools, frameworks, methodologies, libraries, and proprietary processes used to create deliverables

The Company may display completed work in its portfolio unless the Client requests otherwise in writing

See Section 5 (Intellectual Property Policy) for full details.

2.6 Representations and Warranties

The Company warrants that:

It has the legal authority to enter into agreements and provide the Services

Services will be performed in a professional and workmanlike manner

To the best of its knowledge, deliverables will not infringe the intellectual property rights of third parties

The Client warrants that:

It has the legal authority to enter into the agreement

All materials and content provided to the Company are owned by or licensed to the Client

It will use deliverables only for lawful purposes

2.7 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY PROVIDES ALL SERVICES AND DELIVERABLES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT RESULTS ACHIEVED THROUGH OUR SERVICES (INCLUDING SEO RANKINGS OR MARKETING OUTCOMES) WILL MEET ANY SPECIFIC PERFORMANCE METRICS.

2.8 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO ANY CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO A SERVICE ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THAT CLIENT TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

2.9 Indemnification

You agree to indemnify, defend, and hold harmless the Company and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your use of our deliverables in violation of applicable law; (c) any content or materials you provided to us that infringes third-party rights; or (d) your negligence or willful misconduct.

2.10 Termination

Either party may terminate a service engagement as specified in the applicable Service Agreement. In the absence of a specific agreement:

Either party may terminate with 30 days written notice

The Client shall pay for all work completed up to the termination date

Deposits and retainers are non-refundable unless otherwise specified

Upon termination, each party shall return or destroy confidential information of the other party

2.11 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict-of-law principles. See Section 11 for dispute resolution procedures.

2.12 Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated effective date. Your continued engagement of our services after changes are posted constitutes acceptance.

3. COOKIE POLICY

Effective Date: June 1, 2026

This Cookie Policy explains how Mind Spring Software & Media LLC uses cookies and similar tracking technologies on our website.

3.1 What Are Cookies

Cookies are small text files stored on your device when you visit a website. They help websites remember information about your visit, which can make it easier to visit the site again and make the site more useful to you.

3.2 Types of Cookies We Use

Strictly Necessary Cookies

Essential for the website to function properly. These cannot be disabled. They include session cookies for form submissions and security cookies.

Analytics and Performance Cookies

These help us understand how visitors interact with our website (e.g., Google Analytics). Data collected is aggregated and anonymous.

Functional Cookies

These enable enhanced functionality such as remembering your preferences or settings.

Marketing Cookies

Used to track visitors across websites to deliver relevant advertisements. These are only set with your consent.

3.3 Your Cookie Choices

Most browsers allow you to control cookies through their settings. You can set your browser to refuse cookies, alert you when cookies are set, or delete existing cookies. Note that disabling certain cookies may impact website functionality. For Google Analytics opt-out, visit: https://tools.google.com/dlpage/gaoptout

3.4 Third-Party Cookies

Our website may include third-party content (e.g., social media widgets, embedded videos) that set their own cookies. We do not control these cookies. Please refer to the applicable third party’s privacy policy.

4. SERVICE AGREEMENT & CLIENT CONTRACT POLICY

Effective Date: June 1, 2026

This policy governs how Mind Spring Software & Media LLC enters into, executes, and concludes service engagements with clients.

4.1 Project Initiation

All projects begin with a written proposal or Statement of Work (SOW) signed or accepted by both parties

Work does not commence until the SOW and any required deposit are received

Verbal agreements are not binding; all project modifications must be documented in writing

4.2 Scope of Work & Change Orders

The SOW defines the agreed scope, timeline, deliverables, and fees

Any work outside the agreed scope requires a written Change Order

Change Orders may result in additional fees and/or revised timelines

The Company reserves the right to decline requests outside the original scope

4.3 Project Timeline

Estimated timelines are provided in good faith but are not guaranteed unless expressly stated as firm deadlines

Timelines are contingent on timely receipt of client materials, feedback, and approvals

Delays caused by client inaction, late feedback, or scope changes do not constitute breach by the Company

4.4 Client Approvals & Revisions

The number of included revisions is specified in the project proposal

Additional revisions beyond the agreed number will be billed at the Company’s current hourly rate

Client approval of a deliverable constitutes acceptance; subsequent changes are billed as revisions

Failure to provide feedback within 14 days of delivery will be deemed approval

4.5 Third-Party Services

Clients are responsible for all third-party fees, licenses, subscriptions, hosting costs, and domain registrations unless otherwise specified

The Company is not responsible for the uptime, performance, or changes in pricing of third-party platforms

4.6 Maintenance & Post-Launch Support

Post-launch support is not included unless expressly stated in the SOW

Ongoing maintenance, updates, and support are available under a separate maintenance agreement

4.7 Force Majeure

Neither party shall be liable for delays or failure to perform due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, internet outages, or other force majeure events.

5. INTELLECTUAL PROPERTY POLICY

Effective Date: June 1, 2026

This policy governs ownership of intellectual property created, used, or contributed during service engagements.

5.1 Client-Owned Deliverables

Upon receipt of full payment, the Client receives all right, title, and interest in the following deliverables specifically created for them under a project:

Custom website designs and graphics created exclusively for the client

Custom-written code created exclusively for the client’s application or project

Marketing and advertising materials created specifically for the client

Video productions created for the client

5.2 Company-Retained Rights

The Company retains all right, title, and interest in:

Pre-existing tools, frameworks, templates, libraries, code modules, and methodologies

General design concepts, workflows, and techniques not unique to the client project

Work product created during the design process that is not included in the final delivered scope

Any open-source components used in deliverables, which remain subject to their respective licenses

5.3 Portfolio Rights

The Company reserves the right to display completed work in its portfolio, case studies, and promotional materials unless the Client submits a written request for confidentiality prior to project completion. Credit to the Company for work performed is appreciated but not required.

5.4 Client-Supplied Materials

The Client warrants that all materials, images, content, logos, and intellectual property supplied to the Company for use in a project are owned by or properly licensed to the Client. The Client indemnifies the Company against any third-party claims arising from client-supplied materials.

5.5 Trademark & Brand Assets

Mind Spring Software & Media, the Company logo, and all associated brand assets are the exclusive property of the Company. No party may use these marks without prior written consent.

6. REFUND & PAYMENT POLICY

Effective Date: June 1, 2026

6.1 Deposits and Retainers

All deposits and retainers paid to initiate a project are non-refundable. They compensate the Company for scheduling, planning, preliminary work, and opportunity cost of reserving capacity for your project.

6.2 Milestone Payments

Payments made upon milestone completion are non-refundable once the milestone deliverable has been accepted by the Client (expressly or by default under Section 4.4).

6.3 Project Cancellation by Client

If a Client cancels a project after work has commenced:

The Client is responsible for payment of all work completed to the date of cancellation, at the rate agreed in the SOW

Any unused balance of a pre-paid package, less completed work, may be issued as a credit toward future services at the Company’s discretion

No refund will be issued for completed work

6.4 Project Cancellation by Company

If the Company cancels a project for reasons other than Client breach, the Company will refund any unearned prepaid amounts on a pro-rata basis.

6.5 Disputes

Payment disputes must be raised within 15 days of invoice delivery. Disputes raised after this period will not be considered. Chargebacks initiated without good faith effort to resolve with the Company first are considered a breach of these Terms and may result in legal action.

6.6 Accepted Payment Methods

We accept payment via the methods specified in each project proposal, which may include bank transfer, check, and major credit/debit cards through a secure payment processor. All fees are in US dollars.

6.7 Taxes

Clients are responsible for any applicable taxes related to services received. The Company will collect and remit applicable West Virginia state and local taxes as required by law.

7. NON-DISCLOSURE & CONFIDENTIALITY POLICY

Effective Date: June 1, 2026

This policy establishes the confidentiality obligations of Mind Spring Software & Media LLC and its clients.

7.1 Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by either party to the other in connection with a service engagement, including but not limited to:

Business strategies, financial data, pricing, and client lists

Software code, technical specifications, and system architectures

Creative concepts, designs, and marketing strategies in development

Any information marked as confidential or that a reasonable party would understand to be confidential

7.2 Obligations

Each party agrees to:

Hold the other party’s Confidential Information in strict confidence

Not disclose Confidential Information to any third party without prior written consent

Use Confidential Information solely for the purpose of performing or receiving services under the engagement

Protect Confidential Information with at least the same degree of care used for its own confidential information, but no less than reasonable care

7.3 Exceptions

Confidentiality obligations do not apply to information that:

Is or becomes publicly available through no fault of the receiving party

Was already known to the receiving party before disclosure

Is independently developed by the receiving party without use of the other’s Confidential Information

Is required to be disclosed by law, court order, or regulatory authority (with prompt notice to the other party if legally permissible)

7.4 Duration

Confidentiality obligations survive the termination of any service agreement and remain in effect for five (5) years following the last disclosure of Confidential Information, or indefinitely for trade secrets.

7.5 Return of Information

Upon termination of an engagement or upon request, each party will promptly return or securely destroy the other party’s Confidential Information.

8. ACCEPTABLE USE POLICY

Effective Date: June 1, 2026

This Acceptable Use Policy governs how clients and users may use the services and deliverables provided by Mind Spring Software & Media LLC.

8.1 Prohibited Uses

You may not use our services or any deliverables we create for:

Any unlawful purpose or in violation of any applicable federal, state, or local laws

Transmitting harmful, offensive, harassing, defamatory, obscene, or fraudulent content

Infringing the intellectual property rights of any third party

Distributing malware, viruses, or other malicious code

Unauthorized access to, or interference with, computer systems or networks

Sending unsolicited commercial communications (spam) in violation of the CAN-SPAM Act

Collecting personal information from individuals without lawful basis or consent

Engaging in deceptive advertising or marketing practices

Facilitating gambling, adult content, or illegal substances without proper licensing

Any purpose that violates the terms of service of any third-party platform integrated into your project

8.2 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of services, forfeiture of all payments made, and legal action to recover damages.

8.3 Reporting

To report potential violations of this policy, contact us at mindspringsoftware@outlook.com.

9. DMCA & COPYRIGHT POLICY

Effective Date: June 1, 2026

Mind Spring Software & Media LLC respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, “DMCA”).

9.1 Reporting Infringement

If you believe content on our website infringes your copyright, submit a DMCA Takedown Notice to our designated agent at:

Mind Spring Software & Media LLC — DMCA Agent | Davis, West Virginia 26260 | Email: mindspringsoftware@outlook.com

Your notice must include:

An electronic or physical signature of the copyright owner or authorized agent

Identification of the copyrighted work you claim has been infringed

Identification of the material claimed to be infringing, with sufficient detail to locate it

Your contact information (address, telephone number, and email)

A statement that you have a good-faith belief the use is not authorized

A statement, under penalty of perjury, that the notice is accurate and you are the copyright owner or authorized to act on their behalf

9.2 Counter-Notice

If you believe your content was removed in error, you may submit a written counter-notice containing the same identifying information, a statement under penalty of perjury that the material was removed by mistake or misidentification, and your consent to jurisdiction of the Federal District Court for the Northern or Southern District of West Virginia.

9.3 Repeat Infringers

We will terminate service relationships with repeat copyright infringers.

10. DISCLAIMER & LIMITATION OF LIABILITY

Effective Date: June 1, 2026

10.1 General Disclaimer

All information provided on our website is for general informational purposes only. While we strive for accuracy, we make no warranties regarding the completeness, reliability, or accuracy of website content. Your use of our website and services is at your sole risk.

10.2 No Performance Guarantees

We do not guarantee specific results from SEO, marketing, or advertising services. Digital marketing outcomes are influenced by many factors outside our control, including search engine algorithm changes, market conditions, and competitor activity.

10.3 Third-Party Services

We are not responsible for the performance, availability, or policies of any third-party platforms, tools, or services recommended or integrated as part of our work.

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM; (B) WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (C) WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. GOVERNING LAW & DISPUTE RESOLUTION POLICY

Effective Date: June 1, 2026

11.1 Governing Law

All agreements, policies, and service engagements between Mind Spring Software & Media LLC and any client or user are governed by the laws of the State of West Virginia, including the West Virginia Consumer Credit and Protection Act and applicable federal law, without regard to choice-of-law principles.

11.2 Informal Resolution

Before initiating any formal dispute process, the parties agree to attempt resolution in good faith through direct communication. Either party may initiate informal resolution by providing written notice of the dispute and a proposed resolution.

11.3 Mediation

If informal resolution fails within 30 days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator in Tucker County, West Virginia (or by video conference), with costs shared equally.

11.4 Arbitration

If mediation fails, disputes shall be resolved by binding arbitration administered under the American Arbitration Association (AAA) Commercial Arbitration Rules, with proceedings conducted in Tucker County, West Virginia. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

11.5 Litigation

Notwithstanding the above, either party may seek emergency injunctive or equitable relief from the courts of Tucker County, West Virginia or the U.S. District Court for the Northern District of West Virginia to protect intellectual property or confidential information.

11.6 Class Action Waiver

All disputes must be brought on an individual basis. You waive any right to bring or participate in a class action lawsuit or representative proceeding.

11.7 Venue and Jurisdiction

For any matters requiring court proceedings, you consent to personal jurisdiction and venue in Tucker County, West Virginia.

12. ACCESSIBILITY POLICY

Effective Date: June 1, 2026

Mind Spring Software & Media LLC is committed to ensuring digital accessibility for all people, including those with disabilities.

12.1 Our Commitment

We strive to follow the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA as a standard for the websites we design and for our own website, to ensure content is perceivable, operable, understandable, and robust.

12.2 Ongoing Efforts

We regularly review our website for accessibility compliance

We train our team on accessibility best practices

We incorporate accessibility considerations into all web design projects

12.3 Feedback

If you experience accessibility barriers on our website, please contact us at mindspringsoftware@outlook.com. We will respond within 5 business days and work to address the issue.

12.4 Client Projects

Accessibility features for client websites are available and may be included in project proposals. Clients are responsible for maintaining accessibility compliance after project delivery.

13. SOCIAL MEDIA & EXTERNAL LINKS POLICY

Effective Date: June 1, 2026

13.1 External Links

Our website may contain links to third-party websites for informational purposes. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party site. The presence of a link does not constitute our endorsement.

13.2 Social Media Presence

Our official social media pages (Facebook, LinkedIn) are platforms for professional engagement. We reserve the right to remove or moderate content that is offensive, misleading, or violates applicable platform policies or our own standards.

13.3 User-Generated Content

By posting, commenting, or sharing content on our social media pages, you grant us a non-exclusive, royalty-free license to use, share, and display such content in connection with our business. You warrant that you have the right to grant this license.

13.4 Social Media Management Clients

For clients who engage our social media management services, all activity is governed by the applicable SOW and these Terms. We require client approval for advertising campaigns and paid promotions. We are not responsible for social platform policy changes affecting client accounts.

14. COMPANY CODE OF CONDUCT & ETHICS POLICY

Effective Date: June 1, 2026

Mind Spring Software & Media LLC is committed to conducting business with integrity, professionalism, and respect for all stakeholders.

14.1 Core Values

Integrity: We act honestly in all business dealings and honor our commitments

Quality: We deliver work we are proud of and strive for continuous improvement

Respect: We treat all clients, partners, and individuals with courtesy and dignity

Innovation: We embrace creative solutions and stay current with industry developments

Confidentiality: We protect client information and trust

14.2 Anti-Discrimination

We do not discriminate against clients or potential clients on the basis of race, color, religion, national origin, sex, age, disability, sexual orientation, or any other protected characteristic. We are committed to equal access to our services.

14.3 Anti-Corruption & Bribery

We do not offer, solicit, accept, or condone bribes, kickbacks, or corrupt payments in any form.

14.4 Conflict of Interest

We will disclose to clients any conflict of interest that may affect our ability to provide objective advice and will take reasonable steps to mitigate such conflicts.

14.5 Professional Standards

We commit to honesty in advertising our capabilities, accurate reporting of time and work performed, and transparent communication with clients throughout every engagement.

15. DATA RETENTION & SECURITY POLICY

Effective Date: June 1, 2026

15.1 Data Retention Schedule

We retain different categories of information for the following periods:

Client contracts and project records: 7 years from project completion

Financial records and invoices: 7 years as required by federal and West Virginia tax law

Email and communication records: 3 years

Website analytics data: 2 years

Prospect/inquiry data (non-converted): 1 year

Payment records: 7 years

15.2 Data Disposal

Upon expiration of the applicable retention period, or upon verified written request, personal information will be securely deleted or anonymized. Physical records containing personal information will be shredded.

15.3 Security Measures

We maintain the following security measures to protect data:

SSL/TLS encryption for all data transmitted via our website

Password-protected and access-controlled internal systems

Regular software and security updates on all operational systems

Limited access to client data on a need-to-know basis

Secure disposal of hardware containing client data

15.4 Data Breach Response

In the event of a data breach affecting personal information, we will:

Contain and assess the breach promptly

Notify affected individuals as required by West Virginia’s breach notification law (W. Va. Code § 46A-2A) and applicable federal law

Cooperate with law enforcement and regulatory authorities as required

Take corrective steps to prevent future incidents

15.5 Third-Party Data Processors

We engage only reputable third-party service providers that agree to maintain reasonable data security standards. We do not transfer personal data internationally except to processors in jurisdictions with adequate protections or under appropriate safeguards.

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Mind Spring Software & Media LLC

Davis, West Virginia 26260 | mindspringsoftware@outlook.com | https://mindspringsoftwaremedia.com

All Policies Effective: June 1, 2026 | West Virginia LLC