Effective Date: February 1, 2022
HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. THESE TERMS
CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CONNECT
BY MODERNIZE HOME SERVICES (“CONNECT”), AND QUINSTREET, INC.
(“QUINSTREET”), WHICH OWNS AND OPERATES CONNECT, AND AFFECT YOUR
LEGAL RIGHTS. BY USING CONNECT’S TEXTING, CALLING, AND EMAIL SERVICES,
(ALSO REFERRED TO AS "SERVICES"), YOU INDICATE THAT YOU HAVE READ,
on a regular basis.
Connect's services may NOT be used for sending any unsolicited messages (commonly known as
spam) except as permitted under applicable law. You agree with the privacy and anti-spam
policies described in this document and agree to enforce the indicated permission-based
marketing practices with anyone using your account as required by law. You agree to assume full
responsibility and accept the legal consequences of any action by anyone using your account.
By accepting these terms, you agree to comply with all applicable laws, including, but not
limited to, the CAN-SPAM Act (15 U.S.C. § 7701), Telephone Consumer Protection Act (47
U.S.C. § 227), Telemarketing Sales Rule (16 C.F.R. Part 310), and applicable international laws
and regulations. Connect reserves the right to suspend or terminate your account at any time, at
its sole discretion, without prior warning or refund, and for any reason, including if your account
activity is reasonably believed to violate any term in this agreement or applicable law or if your
conduct is harmful to the interests of Connect and its affiliates. Violation of any applicable anti-
spam law or regulation may also cause third-party legal action against you. Connect also reserves
the right to refuse service to anyone, for any reason, at any time, and without notice. Connect
reserves the sole discretion and right to permanently delete archived data after 90 days.
Connect will not use your database or any other private information stored in your account for
Connect has a no-tolerance policy toward spam. Although Connect does not assume the duty or
obligation to monitor messages, Connect reserves the right, in its sole and absolute discretion, to
monitor any and all messages created or sent by you or any third party at any time without prior
policies pertaining to our services.
Evading Connect's monitoring system or the transmission of spam messages through the system
Every outgoing email via the Connect service must contain a link that allows the recipient to
unsubscribe from your distribution list(s). All mobile messages must conform to the latest
available best-practice guidelines published by the Mobile Marketing Association (currently
available at http://www.mmaglobal.com/policies/consumer-best-practices), and the latest
available Short Code Monitoring Handbook published by CTIA (currently available at
-%20v1.8.pdf), both of which you agree to review before using Connect's service. For example,
and without limitation, every SMS message must include "STOP" instructions.
IMPORTANT for Mobile Keywords: You must include the opt-in disclosure shown below in all
your promotional materials in all media: website, printed material, digital and event promotions,
broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer
Protection Act (TCPA) and the Short Code Monitoring Handbook published by CTIA strictly
prohibit omission of this disclosure in whole or in part. Failure to include the following terms
may result in suspension of your mobile keyword without warning as well as third-party legal
Summary Terms & Conditions: You agree to receive calls/SMS/text messages (data rates
may apply/frequencies vary) containing marketing content, via auto dialers and prerecorded
messages from Connect, QuinStreet, and up to five lenders with Home Services offers. Our
mobile text messages are intended for subscribers over the age of [minimum age] and are
delivered via U.S. short code [short code]. You agree to receive up to [message count]
message(s) per month for [messaging program or content]. Consent is not a condition of
purchase. This service is available to persons with text-capable phones subscribing to AT&T,
Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial
Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to [short code], email
[support email], or call +1 [support phone number]. There’s no requirement to purchase
goods/services, and you may stop your mobile subscription at any time by text messaging
STOP to short code [short code].
The following terms and information (ending at "Warranty Disclaimer") constitute an
introduction to the concept of spam and the general contours of a responsible, permission-based
campaign. This general information is not an exclusive source for applicable laws, guidelines,
and compliance responsibilities pertaining to your use of Connect's services. In the event of any
conflict between the information below and any law or industry regulation, you are to observe
the applicable law or regulation.
What is spam? Spam is any type of unsolicited message. You should not assume that an
existing relationship with any message recipient constitutes permission to send messages. For
example, if a customer disclosed a mobile number during business but did not give you
specific permission to send messages, you cannot send messages to that number.
You agree that you will not access or otherwise use any third-party list of email addresses
or phone numbers without ensuring that consumers have given prior express written consent
to receive solicitation from you. You also agree that you will not otherwise engage in
messaging in connection with our services without ensuring that consumers have given prior
express written consent. You may only access or use third-party lists of email addresses and
phone numbers, and engage in messaging, if you have ensured that consumers have given
prior express written to receive solicitation from you.
You agree that you will import, add, edit, access and otherwise use in connection with
Connect's services, only contact information with proof, which you shall retain, of each
subscriber's' prior express written consent to receive solicitation from you. Connect reserves
the right, at its sole and absolute discretion, to deny access to import functions, to impose a
stringent qualification process, to require proof of consent or opt-in method, or to require
documentation of your or your organization's legal identity.
You agree to represent truthfully your identity, the identity of your organization, your
product or service, availability, pricing, benefits, and any other offering aspects to your
subscribers in all messages.
Connect reserves the right to determine any violation of this Acceptable Use Policy at its sole
discretion. Connect's services may be used for only lawful purposes. Using the services in an
illegal or abusive manner or any other manner that interferes with or diminishes others' use or
enjoyment of the services is prohibited.
Prohibited Content: In addition to and without limitation to terms under the Acceptable Use
Policy, Connect prohibits any use of the services in connection with any of the following types
of content, products, and services.
Pornography, sexual products, otherwise sexually explicit material, and escort services
Illegal drugs and drug contraband
Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
Instructions or materials for the assembly of bombs or other weapons
Disclosure of anyone's private or personally identifying information without such party's
prior express written consent (or parents' prior express written consent in the case of a
Material that displays any person under 18 years of age in an illicit or otherwise
On the basis of the practices and standards of your industry and community, any illegal or
improper promotion to persons under 18 years of age
Products, services, or content commonly associated with unsolicited commercial
messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales
(e.g., health and sexual well-being products), work-at-home businesses, credit or finance
management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims
of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker,
casino games, horse and dog racing, college and professional sporting events)
Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing)
businesses, including but not limited to "get rich quick," "build your wealth," and "financial
Any libelous, defamatory, scandalous, threatening, or harassing activity
Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry,
hatred, and any discrimination on the basis of race, sex, religion, nationality, disability,
sexual orientation, or age
Advocation, promotion, or other encouragement of violence against any government,
organization, group, or individual or any instruction, information, or assistance in causing or
carrying out such violence
Any product or service related to death (e.g., mortuaries and cemeteries)
Any product or service that is unlawful where such product or service or promotion
thereof is received
Images of authors, artists, photographers, or others without prior express written consent
form the content owner
Any mention of any wireless carrier or any representation that copies or parodies any
product or service of any wireless carrier
Any additional action Connect in its sole discretion identifies as prohibited content
CONNECT PROVIDES ITS SERVICES AND ALL RELATED CONTENT ON AN "AS IS"
BASIS. CONNECT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, CONNECT DISCLAIMS ALL
WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY
WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL
AGREEMENT, CONNECT DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE
WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-
FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL
BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH CONNECT SHALL NOT
BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, CONNECT WILL
ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF
THE PRIMARY SHORT CODE IS IMPAIRED. NO VERBAL ADVICE OR WRITTEN
INFORMATION GIVEN BY CONNECT, ITS EMPLOYEES, LICENSORS, LICENSEES,
AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY
WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH
INFORMATION OR ADVICE AS SUCH REPRESENTATION. USING THE SERVICES
WILL MEET CLIENT’S REQUIREMENTS. CONNECT SHALL NOT BE IN DEFAULT OR
HAVE ANY LIABILITY HEREUNDER BY REASON OF ANY FAILURE OR DELAY IN
THE PERFORMANCE OF THE SERVICES TO THE EXTENT SUCH FAILURE OR DELAY
IS DUE TO ANY EVENT WHICH IS BEYOND ITS REASONABLE CONTROL.
CONNECT'S LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE
AGGREGATE AMOUNT OF FEES PAID BY CLIENT HEREUNDER DURING THE THREE
(3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO ANY CLAIM AGAINST
CONNECT. IN NO EVENT SHALL CONNECT BE RESPONSIBLE FOR ANY LOST
PROFITS, LOSS OF BUSINESS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (1) ARISING OUT OF THIS
AGREEMENT, WHETHER UNDER THEORY OF CONTRACT, TORT, OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) DUE TO ANY
MANNER OF USE OR INABILITY TO USE SERVICE ELEMENTS INCLUDING BUT NOT
LIMITED TO SHORT CODES, MOBILE KEYWORDS, ONLINE SIGNUP PAGES, API
KEYS, LOGIN ACCESS, THE CONTROL PANEL, AND DSP EMAIL SERVERS.
You hereby agree to defend, indemnify, and hold harmless Connect and its business and
technology partners, underlying technology creators, third-party suppliers, operators and
providers, licensors, board members, officers, directors, shareholders, employees, distributors,
resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines,
settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in
connection with any claim or action arising from any cause such as (i) any act or omission that, if
true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation
alleged to have been committed through any use of your Connect account, (iii) any violation or
alleged violation of applicable telemarketing laws, including but not limited to failure to ensure a
consumer has given prior express written consent to receive your solicitation, (iv) any other use
violation of the restrictions herein, or in violation or alleged violation of any applicable law or
regulation, and (v) any other reason including but not limited to acts of God, destruction, theft,
defects, viruses, communication failure, failure of performance, impairment or loss of data,
suspension or termination of service, and unauthorized access to Connect's system, records, data,
You agree that Connect has the right to seek and recover all of its damages caused by you
through any use of the services in an unlawful manner, in a manner that violates Connect's
privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms
of this agreement. You acknowledge that such damages may include, without limitation, direct,
indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and
agree that this provision will apply to all services from Connect and its affiliates whether
Connect is notified of any possibility of such damages. The terms of this section shall survive the
termination of this agreement regardless of the cause or nature of such termination.
Cancellation and Termination
1. The services are offered with a free trial for 30 days. If you need more than 30 days, you
will only be able to continue using the services by paying in advance for additional usage. If
you fail to pay for additional usage, your account will be frozen and inaccessible until
payment is made.
2. You are solely responsible for properly cancelling your account. An email or phone
request to cancel your account is not considered cancellation. You can cancel your account at
any time by clicking on the Account link.
3. All of your content will be inaccessible from the services immediately upon cancellation.
Content and data will be retained in accordance with retention practices in Connect’s
ordinary course of business.
4. If you cancel the services before the end of your current paid-up month, your cancellation
will take effect immediately, and you will not be charged again. But there will not be any
prorating of unused time in the last billing cycle.
5. Termination of the services will result in the deactivation or deletion of your Account or
your access to your Account, and the forfeiture and relinquishment of all content in your
You hereby acknowledge and agree to the following terms, subject in each case to the terms
indicated elsewhere in this agreement.
The services will be subject to monthly or yearly software license fees
Some features may not be permissible under the laws of certain jurisdictions. You agree
that you bear sole control and responsibility over compliance with any such laws and assume
sole liability for any noncompliance.
Connect is not required to provide data outside the system that are already available
through the user interface, including but not limited to exported files containing specific
messages, subscriber phone numbers, and opt-out lists.
You are not allowed to import or incorporate (into any contact list, message, social
campaign) or upload (to Connect servers) any of the following information: social security
numbers, national insurance numbers, credit card numbers, passwords, security credentials,
or sensitive personal or medical information of any kind.
If any provision of this agreement is found to be unenforceable or invalid, such provision
shall be limited or annulled to the minimum necessary extent to leave the remainder of this
agreement fully enforceable and valid.
You and Connect agree that this agreement is a factual and necessary statement of the
mutual understanding and working relationship of the parties and that all waivers and
modifications must be in writing signed by both parties, except as otherwise provided herein.
No verbal exception or agreement with any Connect representative will be honored. No delay
or omission by Connect in exercising any right or remedy under this agreement or existing at
law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of this
agreement, and you have no authority of any kind to bind Connect in any respect
In any action or proceeding with you to enforce Connect rights under the Agreement, you
agree that Connect will be entitled to recover its costs and attorneys' fees.
This Agreement will be governed by the laws of the State of California without reference
to its choice of law principles. The parties agree to submit to the exclusive jurisdiction of the
state courts located in San Mateo County, California or the federal courts located in the
Northern District of California with respect to disputes hereunder.