Terms of Use

USAGE OF WEB SITE

By using the LeadPress.com Web Site Products and Services you agree to be bound by the following Terms of Use and such Terms of Use are incorporated by reference into the LeadPress.com Web Site Package and Product Agreements. Provider reserves the right to modify or amend these Terms of Use at any time.

Effective Date:

This Terms of Service was last updated on 3/24/2010.

LeadPress (“The Company”) agrees to furnish services to the subscriber of services (“Client”), subject to the following TOS (“Terms of Service”).

LeadPress reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether LeadPress has revised this TOS by noting the “Effective Date” above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide LeadPress with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to LeadPress in order to receive or to continue receiving services. Further, you agree to provide LeadPress with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of this service is dependent upon receipt by LeadPress of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit cards (Visa, MasterCard, American Express, and Discover). Checks or money orders are allowed for clients who pay on a semi-annual or longer basis. Clients are responsible for any additional transaction fees that coincide with any payment methods. Money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by LeadPress in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with The Company.

Service will be suspended on accounts that reach 5 days past due. Accounts that are not collectible by LeadPress may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

Account Cancellation

Client must submit service cancellations through our client portal. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

Domain Name / Website Domain Change

Changing the domain name of your existing LeadPress website account requires rebuilding components of the website, email (through Cpanel) and making other changes to your account. Client agrees to pay LeadPress the domain change fee as listed on the LeadPress pricing page.

Lifetime License

Lifetime licenses are offered as a license to use the code provided, hosting and email services are not included in this license. Client is responsible for costs involved with setting up website, maintenance, hosting services and any other related costs involved when website is not hosted on LeadPress servers using LeadPress hosting services. Not all servers are compatible with LeadPress, there are LeadPress server requirements that must be met for successful installation. Email support@leadpress.com for details. LeadPress is not responsible for Client hosting plans that are pre-paid if they do not meet LeadPress requirements.

Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. LeadPress shall have the right to take corrective action if Client’s bandwidth usage exceeds the amount allocated by Client’s service plan (“Allocation”). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in LeadPress’s sole and absolute discretion. LeadPress believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client’s service to become unavailable.

Bandwidth usage is measured on a monthly basis coinciding with Client’s billing cycle. Both incoming and outgoing traffic are counted.

Bandwidth / Storage Allowances

1. Monthly Accounts – 30 GB total bandwidth / 2 GB media storage / 1 GB email per user
2. Each additional subscribed email users is allotted 1 GB email storage per user

In the event that a customer exceeds the included allocation, LeadPress may, at its sole discretion, collect a deposit in the amount of $0.75 per GB for the projected overage for the month, immediately against customer’s credit card on file with LeadPress.

Client agrees to pay LeadPress any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.75 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

SPAM and Unsolicited Commercial Email (UCE)

LeadPress takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of LeadPress may not use or permit others to use our network to transact in UCE. Clients of LeadPress may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

• a. Violation of LeadPress’s email policy, as outlined in the Acceptable Use Policy (“AUP”) will result in severe penalties. Upon notification of an alleged violation of our AUP, LeadPress will initiate an immediate investigation (within 48 hours of notification). During the investigation, LeadPress may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, LeadPress may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, LeadPress reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. LeadPress will notify law enforcement officials if the violation is believed to be a criminal offense.
• b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that LeadPress personnel must spend to investigate the matter.
• c. As our Clients are ultimately responsible for the actions of their clients over the LeadPress network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Refund and Disputes

If you cancel your free 30 day trial before 30 days when we are offering one (subject to availability and offer), you will not be charged. You can cancel your account at anytime with no future charges, past charges will not be pro-rated upon account cancellation. All payments to LeadPress are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in LeadPress’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay LeadPress an “Administrative Fee” of not less than $75 and not more than $200.

Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.

LeadPress is not responsible for any damages your business may suffer. LeadPress does not make implied or written warranties for any of our services. LeadPress denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by LeadPress.

Non-Waiver

Client agrees that LeadPress’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by LeadPress of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice LeadPress from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that LeadPress is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment

Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Domain Names

If Client wishes to register a custom domain name (“Domain Name”) for the Web Site, Provider shall cooperate with Client in registering the Domain Name with the appropriate entity. Client shall be responsible for promptly paying for all registration and renewal fees for the Domain Name as charged by Provider or other appropriate entity. As between Client and Provider, Client shall own all right, title and interest in and to the Domain Name. Client agrees that Provider makes no representations nor provides any warranties that a domain name the Client requests will be available for registration and Client acknowledges that Provider shall not under any circumstances be liable to Client or other parties, in the event that the registration is not made in a timely manner. Client shall be solely responsible for tracking and ensuring that all required renewals for Client Domain Names are made in a timely manner. Provider shall cooperate with Client to renew Domain Names. However, Provider specifically makes no representations or warranties concerning the automatic renewal of Domain Names on behalf of Client and under no circumstances shall Provider be liable to Client or other parties, in the event that Clients Domain name is not renewed in a timely manner. As part of the web maintenance/services provided under this Agreement, Provider will provide Domain Name Server (DNS) assistance. Provider makes no representations or warranties as to the DNS service provided to the Client under this Agreement (pursuant to the disclaimers stated at sections five and six of this Agreement).

Acceptable Use Policies

Client shall abide by Provider’s web site policies (“Policies”), which is located at www.leadpress.com/legal/ (a copy of which will be provided to Client upon written request to Provider). Provider may change the Policies at any time without notice, at Provider’s sole discretion. If the Provider’s Acceptable Use Policies are violated, Provider at its sole discretion may terminate this Agreement with no further services due to Client. Whether the Provider’s Acceptable Use Policies have been violated will be at the sole determination of the Provider. Provider shall

SERVICE LEVEL If due to the fault of Provider, the Web Site is not publicly available to users for 99.9 percent or more, of the hours in any particular month following the month in which Provider first provides Web Hosting service to Client, then Client shall be entitled to a pro rata refund of the Fees paid for such hosting in such month (in proportion to the percentage of the total hours of the month in which the Web Site is not accessible). Provider will not be responsible for refunding any other fees paid by Client such as banner fees, directory listing fees, etc.

Time Limit For Providing Content for Custom Work

Client shall provide the Content and fully completed instructions to LeadPress via email within thirty (30) days of the Effective Date (or if the Web Site Design Service is requested after the Effective Date, within thirty (30) days of Provider’s acceptance of the purchase order.) If Client does not provide adequate Content to Provider within the applicable thirty (30) day period, Provider may use elements and data from Provider’s template database to assist in creating the Web Site. If Provider is unable to create the Web Site due to Client’s failure to provide adequate Content to Provider, within the applicable thirty (30) day period, Provider may discontinue work on Client’s Web Site and Provider shall be entitled to collect the entire amount of all remaining hosting fees due and owing for the initial term and contract.

Modifications to Web Site

Provider shall notify Client upon set up of Client’s Web Site. Any additional changes made to Client’s Web Site after set up, that Provider is required to make on behalf of Client, will be charged at Provider’s then hourly rate.

Provider Communication With Client

By Acceptance of these Terms of Use, Client expressly authorizes and agrees to accept communication from Provider via either email, facsimile or by regular mail with regard to system status issues, product changes/enhancements, billing/account issues and new product and marketing information.

Misc.

We reserve the right to refuse service to anyone at any time for any reason.

The Company is not responsible for data integrity on equipment reclaimed for non-payment.

Anything not explicitly stated in this TOS is subject to interpretation at LeadPress’s sole and absolute discretion.

You, as LeadPress’s client, are solely responsible for the content stored on and served by your LeadPress service.

Contact

Please direct all questions regarding this TOS to support@leadpress.com