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
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
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
- Consent — for email marketing and non-essential cookies, which you may withdraw at any time
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
2.3 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.
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 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.
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.
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.
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 deliverables specifically created for them under a project including custom written code, websites, and creative video formats.
5.2 Company-Retained Rights
The Company retains all right, title, and interest in pre-existing tools, frameworks, templates, libraries, code modules, and methodologies.
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.
6.2 Disputes
Payment disputes must be raised within 15 days of invoice delivery. We accept payment via check, bank transfer, and major credit cards.
7. Non-Disclosure & Confidentiality Policy
Effective Date: June 1, 2026
7.1 Definition
“Confidential Information” means any non-public information disclosed by either party to the other in connection with a service engagement, including business strategies, financial data, and codebases.
7.2 Obligations
Each party agrees to hold the other party’s Confidential Information in strict confidence and use it solely for the purpose of performing services.
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, distributing malware, sending spam, or infringing third-party rights.
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 legal@mindspringsoftwaremedia.com.
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.
11. Governing Law & Dispute Resolution Policy
Effective Date: June 1, 2026
11.1 Governing Law
All agreements, policies, and service engagements are governed by the laws of the State of West Virginia, without regard to choice-of-law principles.
11.2 Mediation & Arbitration
If informal resolution fails within 30 days, the parties agree to submit the dispute to non-binding mediation, and subsequently binding arbitration conducted 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. We strive to follow the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA.
13. Social Media & External Links Policy
Effective Date: June 1, 2026
13.1 External Links
Our website may contain links to third-party websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party site.
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. Our values include integrity, quality, respect, and innovation.
15. Data Retention & Security Policy
Effective Date: June 1, 2026
15.1 Data Retention Schedule
We retain client contracts and financial records for a period of seven (7) years from project completion, as required by federal and West Virginia tax law.
15.2 Security Measures
We maintain SSL/TLS encryption for all data transmitted via our website, and restrict internal database credentials on a need-to-know basis.
