Terms of Using LEAD CAPTURE SYSTEM:

In order to keep LEAD CAPTURE SYSTEM safe for all our members from blocks, blacklists, and server shut downs, we have provided the following terms of use for LEAD CAPTURE SYSTEM.
Please review this document carefully.

Terms of Service

1. The agent account owner (herein referred to as 'Owner') agrees to waive liabilty of LEAD CAPTURE SYSTEM from any claims resulting from misuse of the service. Owner agrees to defend, indemnify and hold harmless LEAD CAPTURE SYSTEM and its affiliated companies, from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement. LEAD CAPTURE SYSTEM services may only be used for lawful purposes.
2. Owners must adhere to the strict 'no spam' policy at LEAD CAPTURE SYSTEM. Spam, also called unsolicited commercial email (UCE), first spam complain will result in confirmation added to account, second complaint will result in immediate cancellation of Owner account. Fees paid towards owner account will not be refunded, and Owner agrees to pay $40 per hour until service is restored, for any service interuptions that result from owners abuse of our service. Owner must be 100% Can Spam Act of 2003 Compliant. You are required to display your physical address in every message send through LEAD CAPTURE SYSTEM.
3. Owners must use their LEAD CAPTURE SYSTEM account as an autoresponder service. Uses that are not allowed and subject to suspension of services are, but not limited to: email forwarding, vacation or temporary leave of absence notifications, mail list server uses (importing emails tosend only one message), or relaying illegal content to third parties.LEAD CAPTURE SYSTEM has sole discretion over determining if a violation has occured in regards to this paragraph.
4. Payment for services at LEAD CAPTURE SYSTEM must be made in US Dollars. Charges for services at LEAD CAPTURE SYSTEM are processed at Pay Pal. It is the Owner responsibility to make certain the billing information for each monthly billed account is keep current. If billing data is not keep current, owner account will be deleted after 30 days of none-payment. Owner agrees that LEAD CAPTURE SYSTEM has the right to delete owner account, and all data associated with Owner account, if payment is not received 30 days after it is due.
5. Owner agrees that LEAD CAPTURE SYSTEM shall have the right to FREEZE service of Owner account at any time. LEAD CAPTURE SYSTEM reserves the right to FREEZE Owners account(s) due to, but not limited to: non-payment, spam complaints, illegal activities, or non-compliance with this service agreement.
6. LEAD CAPTURE SYSTEM reserves the right to suspend functionality of our autoresponder service from an Owner account due to, but not limited to: misusing our service, for illegal or unethical practices, or non-compliance with this service agreement.
7. Subscriber understands that a valid email address is required by LEAD CAPTURE SYSTEM for this service. LEAD CAPTURE SYSTEM will NOT give your email address to any 3rd party. Any correspondence sent to you comes directly from LEAD CAPTURE SYSTEM.
8. LEAD CAPTURE SYSTEM exercises no editorial control over the content of messages sent from Owner account. Owners are prohibited from using LEAD CAPTURE SYSTEM's autoresponder system to send any material that is, unlawful, libelous, or hateful. LEAD CAPTURE SYSTEM has sole discretion over determining if a violation has occured in regards to this paragraph.
9. LEAD CAPTURE SYSTEM makes no warranties of any kind for the service it provides, whether expressed or implied. LEAD CAPTURE SYSTEM will not be held liable for any damages suffered to owner, including, but is not limited to: loss of data resulting from delays, nondeliveries of email, misdeliveries of email, or service outages caused by LEAD CAPTURE SYSTEM's negligence. LEAD CAPTURE SYSTEM will not be held liable for any damages suffered to owner by use of the LEAD CAPTURE SYSTEM autoresponder system.
10. LEAD CAPTURE SYSTEM reserves the right to send periodic promotional offers (via email) to Agent account owners..
11. LEAD CAPTURE SYSTEM DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PURPOSE. LEAD CAPTURE SYSTEM WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LEAD CAPTURE SYSTEM FROM ANY CLAIMS RESULTING FROM YOUR USE OF SERVICE. YOU EXPRESSLY AGREE THAT USE OF SERVICE IS AT YOUR SOLE RISK. NEITHER LEAD CAPTURE SYSTEM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.
12. Should any paragraph of this agreement be considered illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining paragraphs of this agreement shall remain unaffected thereby unless otherwise stated.
13. This service agreement is governed by the laws of the state of Iowa and of the United States of America.
14. Multiple account autoresponders are for single users only. If LEAD CAPTURE SYSTEM determines multiple users are accessing a single multiple account autoresponder, said account will be frozen and potentially deleted. LEAD CAPTURE SYSTEM has sole discretion over determining if a violation has occured in regards to this paragraph.
15. All clients that request services from LEAD CAPTURE SYSTEM are also stating by checking agree to terms on the sign up page, complete compliance and agreement of all contained terms and also agree (due to the volatile nature of this industry) that we do not offer any form of a refund after 7 days of your first months billing (Refund will be less a prorate amount of .23 cents per day ) and that the only form of cancellation is through http://www.leadcapturesystem.com/cancel.php
16. These Terms and Conditions supersede all previous written, verbal or implied provisions. Use of LEAD CAPTURE SYSTEM's service constitutes acceptance of these Terms and Conditions.
 

 

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