USAGE OF WEB SITE
Effective Date: This Terms of Service was last updated on 5/4/2012.
LeadPress (“Provider”) agrees to furnish services to the subscriber of services (“Client”), subject to the following TOS (“Terms of Service”).
The provider 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.
The provider’s services are offered on a monthly basis.
Payments and Fees
Establishment of this service is dependent upon receipt by LeadPress of payment of stated charges. Subsequent payments are due on the first of each month. 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.
By clicking “COMPLETE ORDER”, Client indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the “COMPLETE ORDER” button is an individual working for Client (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of Client and certifies that he/she is an Agent of Client and has all necessary authority to act on Client’s behalf, including to bind Client to the terms and conditions of this Agreement.
If Client does not agree to the terms of the Agreement, Client is not granted any rights whatsoever in the Software. If Client is not willing to be bound by these terms and conditions, Client should not click on the “COMPLETE ORDER” button, and may not access or otherwise use the Software or Services.
The Software / Services are licensed on a monthly, semi-annual, annual or biannual subscription basis, as selected by Client or its agent. Access to the Software will begin (i) after your acceptance of this Agreement and after LeadPress receives and processes all the information, including the credit card or bank account information requested by the start-up interview form and complete’s setup of Client’s account. Client or its agent completing the start-up interview form must have a valid credit card or a valid debit card with a Visa or MasterCard logo (“Card”) or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain access to the Software. The payment information Client or its agent provides must be accurate and complete, and Client agrees to notify us promptly of any change in the payment information. When Client subscribes and provides payment information, Client’s or its Agent’s (as applicable) Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly, biannual, one-year or other pre-paid subscription term (“Renewal Term”) at the then-current subscription rate to maintain access to the Software.
The provider 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 provider.
Service will be suspended on accounts that reach 5 days past due (due date +4 days) and a reactivation fee may be applied. 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 provider 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. Accounts that are in a suspended or deleted status that still point their domain name nameservers to LeadPress nameservers may have their sites redirected at The provider’s discretion to domains of The provider’s choosing.
Accounts past 14 days due will be deleted. Once account deletion occurs, all data, settings, content, email and related will be gone forever. Client may be allowed to sign up for LeadPress services in the future at the provider’s discretion; new signup fees and terms will apply.
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 and a re-activation fee may apply. Client will not be able to access data, settings, content and related until all past due balances are paid 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 provider reserves the right to keep a service deactivated until funds paid have cleared.
Final month of term is not pro-rated. Accounts are not transferable to others.
Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a support ticket through our client portal at leadpress.com/support or using the cancellation feature in the support portal. Past charges will not be pro-rated upon account cancellation. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
All cancellations must occur before the start of new terms. There are no refunds given under any circumstances, should client fail to cancel prior to the start of the new term of all monthly and pre-paid terms, including bi-annual and annual terms.
Refund and Disputes
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 provider 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.
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 and settings. Client agrees to pay LeadPress a domain rebuild fee for such services.
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.
Client is responsible for editing existing content and creation of new pages. This will require learning how to use the provider’s tools and backend. The provider may edit content for the Client at the provider’s discretion. The client is responsible for exporting their content via the dashboard export function should they stop using Provider’s services. If account has a balance due and or is in suspension, client must bring account balance to zero to access or export content. All content is deleted permanently when balances due are not paid within 14 days.
Default Website Content
Default websites may contain Legal, Privacy & related pages that may or may not be suitable for Client’s intended purposes. Client is responsible for modifying or replacing these and any other pages to suit the Client needs, this may require the services of a suitable attorney.
Domain Name Nameservers
To use the provider’s services, the client will need to have access to their domain name registrar account and will need to make nameserver adjustments as directed in initial setup email to point nameservers or A records to the provider’s nameservers.
Lifetime licenses offer access to source code that is not offered with monthly plan, hosting and email services are not included in this license. Lifetime licenses include installation of source code onto Provider’s server as a hosted service with a monthly fee or installation of source code onto Client’s approved host of choice. Should Client choose to install their website onto the Provider’s website and then later decide to move the site to a non-LeadPress / Provider server, Client shall be responsible for Provider’s time and costs involved in rebuilding the site on Client’s server.
We will do our best to post BlogFeed content in the morning, three to five times per week. That being said, if the market is moving or other factors are at play, BlogFeed content may not be posted when you are expecting.
Self Hosted WordPress Websites
Due to the the multitude of variables involved with running WordPress on the host of your choice, LeadPress BlogFeed may not be compatible with your Web host. The provider will do its best to get BlogFeed running on your web host, but depending on the plugins, server settings and other factors, you may be required to utilize a LeadPress approved web host in order to get BlogFeed to work for you.
BlogFeed Content Usage
Users that subscribe to a plan that includes BlogFeed content may not share Blog Feed with other users. BlogFeed content is good for one website or sub-domain. We encourage sharing of Blog Feed content via services like Facebook, Twitter and other 3rd party sharing sites, but articles cannot be copied in their entirety without obtaining a license for each additional domain / sub-domain the content is posted to. We suggest sharing a summary of the article or the first paragraph of the article, with a link back to the original article on subscriber’s site. Copyright Infringement is not tolerated and will result in immediate account termination.
After cancellation, you will no longer have access to your BlogFeed content / articles. Blog Site and all information contained therein may be deleted by provider. The provider may also remove and discard any content within the Service for any reason, including and without limitation, if the provider believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The provider may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that provider may immediately deactivate or delete your BlogFeed content. You agree that provider shall not be liable to you or any third-party for any termination of your access to the service, and provider accepts no liability for information deleted upon termination.
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
- Monthly Accounts – Unlimited bandwidth, 2 GB media & website storage, 2 GB email per user
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.
The provider provides support services via a support portal at leadpress.com/support, all support requests must be made via support ticket through this portal. Requests made through email or phone will not be accepted. Client agrees to place all support requests via the support portal, this enables the provider to give the fastest responses and track support tickets to insure support questions have been addressed.
Payment Plan / Installment Agreements
If provider agrees to take payment for services or licenses in an installment plan, all monies are non-refundable should client change their mind or be unable to complete plan on agreed upon time table. If client is unable to make an installment payment on a previously agreed upon date, client will be given 48 hour grace period to successfully make payment. If payment is not made during this grace period, client shall forefeit all payments previously made. Credit and refunds will not be given under any circumstances if payment or installment plan is not completed successfully as all payments are non-refundable.
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 provider and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the provider shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the provider. Client further acknowledges that the provider’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 provider 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.
Harassment and Abuse
LeadPress does not tolerate abuse of any kind towards its employees. This includes all verbal harassment, yelling, swearing, rudeness, threats and any intentionally disruptive behavior directed at LeadPress or any of it’s staff or agents. Client agrees to engage our LeadPress in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
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.
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.
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 provider. The provider 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.
Client is responsible for registering and managing their own domain name. A properly registered domain is required to use Provider services. Client is responsible for maintaining registration fees through the registrar of their choice, failure to do so may result in website downtime if Client’s domain name expires.
Acceptable Use Policies
Client shall abide by Provider’s acceptable use policies (“Policies”), which is located at http://leadpress.com/legal/acceptable-use-policy/. 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
Time Limit For Providing Content for Custom Work
Client shall provide the Content and fully completed instructions to LeadPress via email within fourteen (14) 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
You agree that this Agreement and your use of this Site are governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Diego, CA USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. LeadPress has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of LeadPress, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in San Diego, CA USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that LeadPress may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and LeadPress as a result of this Agreement or your use of this Site.
LeadPress’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of LeadPress’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by LeadPress with respect to such use.
We reserve the right to refuse service to anyone at any time for any reason.
The provider 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 the Provider’s client, are solely responsible for the content stored on and served by Provider’s service.
Please direct all questions regarding this TOS leadpress.com/contact.