Terms of Service
Prior to using this website and the LeadCloak ("LeadCloak","our", "we" or "us") proprietary online link control and affiliate marketing service (the "Service"), please read the following terms and conditions carefully.
The Service is offered to you on the condition that you accept the terms, conditions, and notices contained in this Agreement without modification. By registering for the Service, you (the terms "you" and "your" includes the person or entity that is registered with the Service as well as any third parties who access the Service on your behalf) acknowledge that you agree to be bound by all of the Terms and Conditions of the Service (the "Agreement") as set out herein.
All rights not expressly granted to you by this Agreement are reserved by LeadCloak.
To register for the Service and create an account with LeadCloak, you must complete the registration form accurately and fully, including providing your e-mail address, a username and password. You shall protect your password and take full responsibility for all activities that occur under your account by you and any third parties. You agree to notify LeadCloak immediately of any security breach or unauthorized use or attempted use of your account.
It may be necessary for LeadCloak to access youraccount from time-to-time, for example, to provide support, conduct maintenance, or address security-related issues. Should such a situation present itself, LeadCloak will, if practicable, notify you of its intent to use your username and password for this purpose. Regardless of whether such notice is provided to you, you acknowledge and consent to suchaccess as deemed necessary by LeadCloak.
By providing us with your e-mail address, you agree to receive all required notices by email to that address.
2. Account Activation, Terms and Termination
In order to subscribe to the Service, you agree to pay the initial non-refundable deposit (if such deposit exists at the time of subscription) as well as all applicable service fees as described on the LeadCloak website at www.LeadCloak.com (the "Service Fees"). Service Fees will be billed no more frequently than once daily. Unless otherwise indicated, all Service Fees are stated in United States Dollars. All Service Fees will be charged on a monthly basis to the credit card / PayPal / Stripe account provided by you during the registration process. You hereby certify to us that you are at least 18 years of age and that you are the authorized holder of the credit card / PayPal /Stripe account provided to us. Should your credit card / PayPal / Stripe account expire during the term of this Agreement and Service Fees cannot be collected, we reserve the right to deactivate your access to the Service. You hereby authorize us to charge Service Fees to any renewal credit card issued to you as a replacement card on your account.
You are responsible for keeping all personal information you provide to us related to your account up to date and accurate, and you shall edit this information within your account as changes occur. To update your contact information, please submit your new account details to Support. To update your payment method, please visit the 'My Account' section of our website where you can make these changes.
In order to cancel your account at any time, submit a Support Request with the name and email you used for your registration, and "request to cancel" in the subject line. As stated in our Refund Policy, NO refunds will be issued for account cancellations. If you cancel during before the trial period ends, you will not be billed for the plan you have chosen. This cancellation must be performed through ‘Cancel Account’ link under Billing page after logging into your account.
Licenses purchased for LeadCloak services are tied to a single account. Every business/operation must have a separate account for private or business use. LeadCloak account users that are created within an agency account shall only consist of people who are employees of that business/operation. Customers of the business or any other party shall not be added to that business' account as LeadCloak users. Failure to adhere to these conditions can result in LeadCloak terminating the account, licenses and/or users without notice.
Upon receipt of your payment of the applicable Service Fees, and conditional on your compliance with the terms and conditions of this Agreement, LeadCloak hereby grants to you a limited, revocable, non-exclusive, non-transferable license to utilize the LeadCloak Services and software. This license is to be used by you solely for your own individual business purposes.
The license granted under this section will terminate as set forth in section 14. Upon such termination, access to the Services will be terminated.
LeadCloak also grants to you the non-exclusive right and license, subject to the terms set out in this Agreement, to access and use, for your own internal business purposes, any licensed beta/trial services provided by LeadCloak. The beta/trial license granted under this section shall terminate asset forth in section 14, and access to the services are only provided for the term of the beta/trial program as determined by LeadCloak.
Each Service provided under this agreement is governed by limits tied to that specific service, for example, licenses that have a limited timespan (e.g. 1 month) and/or that only allow a certain amount of use (e.g. 10,000 clicks). Each purchased license will dictate specific terms of usage and limitations.
LeadCloak may, at its discretion, periodically update the Services, with or without prior notice to users.
Some Services provided by LeadCloak have minimum billing commitments in order to afford volume documents. Should a recurring payment profile be cancelled prior to the minimum commitment being satisfied, clickswill be retroactively deducted from the account balance. This deduction will be calculated based on the lower Service tiers that had been satisfied at the time of cancellation. Subject to paragraph 12, LeadCloak bears no responsibility for accounts that stop functioning due to depleted balances after adjustments.
For example, if a "Daily" Service (7-day commitment) is purchased and then cancelled on the 5th day, 331,000 clicks will be deducted. This is calculated as 3,750,000 clicks (750,000 clicks "Daily" x 5 days), less 2,820,000 clicks (705,000 clicks "Weekly" x 4 billings satisfied), less 599,000 clicks (599,000 clicks "Large" x 1 billing satisfied).
6. Account Information from Third-Party Sites
As part of this agreement for the Service, you may authorizeus to collect your information from third-party providers with which you have a relationship, maintain an account or engage in services ("AccountInformation"). LeadCloak makes no effort to review third-partyAccount Information for any purpose, including but not limited to the accuracyof the information, non-infringement or legality.In addition, LeadCloak is not responsible for any products and services offered by or on third-party sites.
LeadCloak cannot guarantee its ability to anticipate or foresees all technical or other difficulties which may result in a loss of data, failure to obtain data, or other service interruptions. LeadCloak assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any such data or communications. For example, when displayed through the Service, Account Information is only as current as the time indicated, which reflects the time the information was obtained by LeadCloak. Such information may be more up-to-date when obtained directly from the relevant sites. The associated instructions provide the steps for you to take in order to refresh your Account Information through the Service.
As a condition of your use of and access to the Service, you agree to pay the Service Fees as determined by LeadCloak. LeadCloak may change the Service Fees for any or all of the Services at any time, effective immediately upon notice of such change being posted on our website. Fee changes will not apply to the use of the Service which occurred prior to the effective date of the relevant fee change.
9. Consent to Use of Data
The term "Confidential Information" includes any information disclosed by one Party to the other Party in relation to this Agreement which maybe disclosed electronically, in writing, or orally and is identified as "Confidential" or which a Party should reasonably believe is considered by the other Party as confidential, and any other information disclosed by LeadCloak thatrelates to the Services (including your password) that is not publicly known. Notwithstanding the foregoing, "Confidential Information" shall not includeinformation that:
- was developed by the receiving Party independently and without any use of the other Party’s Confidential Information or by employees of the receiving Party who have no knowledge of such Confidential Information;
- becomes known to the receiving Party, withoutrestriction, from another source without breach of this Agreement or any other obligation of confidentiality;
- was rightfully known to the receiving Party, as shown by prior documentation at the time of the information’s disclosure;
- at the time it was disclosed was in the public domain or enters the public domain through no act or omission of the receiving Party; or
- is disclosed by mutual agreement of the Parties, or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the receiving Party provides prompt notice of such disclosure to the other Party and shall use all commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
11. Proprietary Rights; Copyright; Restrictions on Use;Compliance
With the exception of the limited licenses expressly grantedas set out in this Agreement, LeadCloak expressly reserves all right, title and interest in and to the Service, the content of the LeadCloak website, and all data, analytics, processing, and other software and technology usedby LeadCloak in the provision of the Service ("LeadCloak Technology").This includes, without limitation, any derivatives or extensions of, and improvements or enhancements to, the LeadCloak Technology conceived, reduced topractice or otherwise developed on or on behalf of LeadCloak, all of which are valuable assets of LeadCloak, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not copy all or any part of the Services. You shall not remove any notice of copyright or other proprietary rights from the Services and you must reproduce all notices of copyright and other proprietary rights on any copy you make.
Except as expressly set out in this Agreement, you shall not:
- use, reproduce, modify or create derivative works of the Service;
- use, or allow the use of, the Service or any LeadCloak Technology, except in accordance with the limited rights expressly set out in this Agreement;
- use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by LeadCloak, or inconsistent with LeadCloak’s standard security procedures, if any, which are accessible through your user interface;
- attempt to reverse engineer, hack into, or compromise any aspect of the Service or LeadCloak technology, or attempt to access data of any other LeadCloak customer ;
- remove, obscure or alter any legal notices,including notices of intellectual property rights appearing in or on any materials provided to you by LeadCloak;
- use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; or
- use any robot, spider, scraper, deep link orother similar automated data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the LeadCloak.com website or any portion of such website, without our express written consent, which may be withheld at the sole and absolute discretion of LeadCloak.
- modify, translate, reverse engineer, decompile,or disassemble the Services; directly or indirectly export or re-export the Services;
- disclose the Services to any third party;
- transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your access username and/or password; or
- Otherwise misuse LeadCloak's website and its Services, including but not limited to:
- Breaching or otherwise circumventing any security or authentication measures;
- Probing, scanning, or testing the vulnerability of any system or network;
- Planting malware or otherwise using the Servicesto distribute malware;
- Accessing, tampering with, or using non-public areas of the Services, shared areas of the Services you have not been invited to, or LeadCloak systems;
- Interfering with or disrupting any user, host, or network, for example by sending a virus, overloading, flooding, or spamming any part of the Services;
- Accessing or searching the Services by any means other than LeadCloak’s publicly supported interfaces;
- Sending altered, deceptive or falsesource-identifying information, including “spoofing” or “phishing”;
- Sending unsolicited communications, promotions or advertisements, or spam;
- Promoting or advertising products or services other than your own without the appropriate authorization for you to do so;
- Publishing anything that is fraudulent, misleading, or infringes the rights of any other party;
- Impersonating or misrepresenting your affiliation with any person or entity;
- Publishing or sharing materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or
- Violating the law in any way, violating the privacy of others, or defaming others.
Without limiting the generality of the foregoing, you expressly acknowledge that you will not use the Service in violation of the CAN-SPAM Act of 2003, as amended. You also agree to comply with any and all applicable third party network terms and conditions and associated programsrules and policies.
You hereby agree to indemnify, hold harmless and defend LeadCloak, at your expense, against any and all third party claims, actions, proceedings, and suits brought against LeadCloak or any ofits officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred byLeadCloak or any of its officers, directors, employees, agents or affiliates, arising out of or relating to:
- your breach of any term or condition of this Agreement;
- your use of the Service; or
- your unauthorized use of the Service.
In any such case, LeadCloak will provide written notice to you of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. LeadCloak reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
13. Representations and Warranties; Disclaimers; Limitations of Liability
The Service is provided "as is." The information, reports and services included in or available through the Service may inadvertently include inaccuracies or typographical errors. Revisions are made to the information herein periodically as deemed necessary by LeadCloak. LeadCloak and/or its respective third party partners may make improvements and/or changes to the Service at any time, without obligation to notify any person or entity of such changes prior to or after they occur.
There are no warranties, claims or representations made by LeadCloak, either express, implied or statutory:
- that the Service will be error-free or uninterrupted at all times;
- that defects will be corrected;
- that the Service or the server that makes itavailable, are free of viruses or other harmful components;
- that the use or the results of the use of the Service or the materials provided as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that LeadCloak shall not be responsible for any unauthorized access to or alteration of your data; or
- with respect to non-infringement or merchantability.
You hereby agree that LeadCloak will not be held liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the Service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if LeadCloak has been notified of the possibility of such damages. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed the basis for determining the price charged for the Service. As some jurisdictions do not allow exclusion of an implied warranty, this disclaimer may not apply to you. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
Not withstanding anything set forth in this Agreement to thecontrary, LeadCloak’s cumulative liability to you or any other party for anyloss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed $500 (five hundred United States Dollars).
14. Terms and Termination
LeadCloak reserves the right to suspend or end the Services at any time, with or without cause, and with or without notice to you. This may occur, for example, if you:
(i) Fail to comply with these Terms and Conditions;
(ii) Use the Services in any way that would cause legal liability to LeadCloak or disrupt others' use of the Services; or
(iii) Have not maintained a balance of clicks for 7 days or longer.
Either party may terminate this Agreement at any time andfor any reason. Upon any termination of this Agreement:
- LeadCloak will cease to provide the Service to you;
- Any outstanding balance of Service Fees payable by you to LeadCloak will immediately become due and payable;
- You will not be entitled to any refunds of Service Fees or any other fees, as further set out the Refund Policy that forms part of this Agreement. Any outstanding balance for use of the Services through the date of termination, and any other unpaid payment obligations during the remainder of the billing period will be immediately due and payable in full;and
- Your historical data in its entirety will no longer be available to you. LeadCloak reserves the right to delete all data, files, or other information that is stored in your account subsequent to termination. You agree that LeadCloak may retain certain data related to your use of LeadCloak, except for any personal information. Such data shall be used only to improve LeadCloak performance and quality of service.
15. Data Ownership
Any data created or uploaded shall remain the property of the account owner/licensee of the Services. LeadCloak makes no claim to any data or content stored relative to your account(s).
16. Data Retention
Any data gathered or produced by the Services on behalf of the account holder, including but not limited to logs and statistics, may be deleted at any time at LeadCloak's sole discretion.
If any of the Services are found to or are believed by LeadCloak to be found to infringe a patent, trademark or copyright or misappropriate a trade secret, LeadCloak, at its sole discretion, may:
(i) Obtain any license required to continue operation of Services;
(ii) Providea substitute service with comparable or better functionality or performance characteristics; or
(iii) Terminatethis Agreement and your license to such Services.
18. Service Level Commitment
LeadCloak commits to provide 99.5% uptime with respect to the Customer’s Service during each calendar quarter of the Term, excluding regularly scheduled maintenance times.
99.5% ("two nines five") uptime equates to the following:
- Downtime per year: 1.83 days
- Downtime per month: 3.65 hours
- Downtime per week: 50.40 min
- Downtime per day: 7.20 min
If in any calendar quarter this uptime commitment is not met by LeadCloak and Customer was negatively impacted (i.e., attempted to log into or access the Service and failed due to the unscheduled downtime of the Service), LeadCloak shall provide, as the sole and exclusive remedy, a service credit equal to one days's fee for the use of the Service.
Scheduled and Unscheduled Maintenance
Regularly scheduled maintenance time does not count as downtime. Maintenance time is regularly scheduled if it is communicated in accordance with the notice section set forth below at least two full business days in advance of the maintenance time. Regularly scheduled maintenance time typically is communicated at least a week in advance, scheduled to occur at night on the weekend, and takes less than 10-15 hours each quarter. LeadCloak hereby provides notice that every Saturday night 10:00pm - 10:20pm Pacific Time is reserved for routine scheduled maintenance for use as needed.
LeadCloak in its sole discretion may take the Service down for unscheduled maintenance and in that event will attempt to notify customer in advance in accordance with the Notice section set forth below. Such unscheduled maintenance will be counted against the uptime guarantee.
In order to receive a credit under this service level commitment, Customer must request it simply by emailing LeadCloak at [email protected], within five days of the end of the applicable quarter. If Customer submits a credit request and does not receive a prompt automated response indicating that the request was received, Customer must resubmit the request because the submission was not properly received and will not result in a credit. Customers who are past due or in default with respect to any payment or any material contractual obligations to LeadCloak are not eligible for any credit under this Service Level Commitment. The service credit is valid for up to two years from the quarter for which the credit was issued. LeadCloak shall calculate any service level downtime using LeadCloak’s system logs and other records.
This Service Level Commitment may be amended by LeadCloak in its discretion but only after providing thirty days advance notice. Notices will be sufficient if provided to a user designated as an administrator of your LeadCloak account either: (a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen, or (b) by email to the registered email address provided for the administrator(s) for Customer’s account.
Exclusion of Sandbox and Beta Accounts
LeadCloak Sandbox, Beta and debugger accounts and other test environments are expressly excluded from this or any other service level commitment.
19. Modifications to Terms and Other Policies
LeadCloak reserves the right to amend or update any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time. In such instance, LeadCloak will post the amended Agreement to the LeadCloak website at http://www.leadcloak.com or such other URL as LeadCloak may provide. You are responsible for regularly reviewing the Agreement posted on the LeadCloak website. No amendment to or modification of this Agreement will be binding unless:
- In writing and signed by a duly authorized representative of LeadCloak; or
- You continue to use the Service after updates to the Agreement or to any policy governing the Service have been posted by LeadCloak on its website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If youdo not agree to the new terms, you should stop using the Services immediately.
20. Customer Remedies
LeadCloak's entire liability and your exclusive remedy for any breach of this Agreement by LeadCloak shall be that LeadCloak will make reasonable efforts to recover any lost or corrupted content that was being maintained by LeadCloak. If such content cannot be returned in a suitable form, the most recent license fee paid in respect of the Services shall be refunded.
21. Entire Agreement
This Agreement is the entire agreement between you and LeadCloak regarding the Services, and it supersedes any information you received relating to the Services or the subject matter of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT AND, BY CREATING AN ACCOUNT AND LOGGING IN TO THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.