Leadsomatic Terms of Service
Last updated 8/1/06.
The primary purpose of Leadsomatic is to provide website submissions services to subscribers seeking to promote their own website, product/service, and/or business opportunity by posting advertisements on various websites online. All paying and non-paying members of Leadsomatic agree to abide by the following policies posted herein AND any changes or updates to the Leadsomatic Terms of Service. These terms may be modified at any time without notice.
Leadsomatic.com is owned and administrated by Veretekk.com. Any reference to Leadsomatic contained in these Terms of Services shall be understood to be interchangable with Veretekk.com.
CHARGEBACKS, REFUNDS, ACCOUNTING
All clients that request services from Veretekk.com are also stating by their request and signed emailed receipt, 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.
Further more you agree that you indemnify Veretekk.com for any or all issues that may arise from this relationship. You agree to take all responsibility and risk involved with subscribing to our system and representing the company you have hired us to market on your behalf.
Additionally: If you charge back Veretekk for your authorized subscription (Signified by your verfied subscription to Leadsomatic and verified login to the back office), you will be levied with a $300 fee for processing, the amount of your charge back, plus $20 for each occurrence of the bank fee caused by your charge back. Do Not charge back Veretekk for any reason.
Charge back rebuttals require at least 3 hours of preparation, mailing, fax costs, and can damage our good standings with our merchant account.
If we lose the rebuttal, we will sue you to recover our loss. This suit will also include attorney's fees. Example charge back: ($10.00 + $300 + $20 = $330.00 x 3 = $990.00 + attorney's fees [$300] = $1290.00). You will be required to appear in San Diego to defend against this claim. We win 90% of our cases. If you loose, we sell your judgment to TRW as well as add you to the Internet charge back database, affecting your credit rating until your judgment is satisfied.
Furthermore, if you file a charge back claiming fraud and we can prove otherwise, we will also file criminal charges against you.
A simple phone call is all that is required if you have an issue, especially fraud. 858.625.8373.
To cancel your paid account, log into your Leadsomatic back office and click the "My Billing" button. Then simply click the "Cancel Account" button to cancel your paid membership and prevent further charges. We do not accept email for cancelations because of the inability to verify the cancelation came from you and the nature of abuse email carries.
SPAM, BULK MAIL, NEWS GROUPS and SECURED FORUMS POSTINGS
The transmission of unsolicited or prohibited advertising or other content through electronic mail or inappropriate Usenet postings WITH ANY REFERENCE TO Leadsomatic is forbidden. The use of AND/OR reference to Leadsomatic for unsolicited mass mailings or postings (commonly known as "Spam") by any member will cause that member's services to be terminated immediately without warning and without a refund. Further, the member will be immediately charged a minimum of $500 to cover damages caused by such breach and held legally responsible for the damages to Veretekk.com both monetary and in reputation. AND FURTHERMORE, FOR ALL TIME SPENT BY Veretekk.com STAFF ON HANDLING A BREACH OF THIS POLICY CONCERNING VALIDATED SPAM, A MINIMUM OF $500 WILL BE PAID BY THE VIOLATING MEMBER OF Veretekk.com for the time needed to handle complaints and other items related to the breach of this policy. The USE OF ANY OTHER service to make such a mailing or posting, with any reference to Leadsomatic services, shall also be grounds for member termination and damages as described above. Furthermore, we will serve on the offending party an immediate lawsuit in the amount of $5,000 for damages caused by this breach and we will take immediate action in the courts jurisdiction in San Diego, CA.
UNSOLICITED and HARVESTING
Unsolicited email is any electronic message sent via email to an email address the sender has not received a specific request for. The sender of any commercial solicitation must have on record copies of each recipients request for such an email. These requests must be addressed to the sender and be specific. We do not accept a general request for information from a forum or post unless the response is on an individual basis and is a singular (not bulk-more than one) email in response. Requests that are received from submission services such as FFA sites, Classifieds only apply if the message sent out is part of the automated responder. We do not accept these responses as valid if they have been downloaded from an FFA or like service to the individuals computer and gathered into a new database. Harvesting is also prohibited with our service. If you use a harvested list from any other site and send email to this list you are in violation of our anti spamming policies. Harvesting from our websites is strictly forbidden and is considered theft of our proprietary property. If you do it and we discover it, we will prosecute you. DO NOT DO IT!
NEWS GROUPS and SECURED FORUMS POSTINGS
Spamming also refers to posting messages to News Groups that do not relate to that group and/or multi posts to a News Group or for that matter posting in rapid succession to any type of posting facility. Leadsomatic also strictly prohibits posting solicitations about and specifically pointing to our systems via URL's on any type of secured, password protected and/or subscription type of forum, posting and or boards. If we detect these type of postings are being made by you, we will immediately suspend your site for a period of 48 hours. DO NOT DO IT! This is our first and most stringently enforced policy. The practices described here can permanently destroy an online reputation overnight, and easily taints any organization associated with the guilty party. Further, complaints from people being spammed sent to our Internet Connection Provider might cause the loss of that Internet connection and the connection of other Veretekk.com systems. We will not tolerate these abuses. If you plan to use Bulk Mail DO NOT purchase or request services from Leadsomatic. Use other services that are available that specialize in Bulk E-Mail.
Adult-oriented sites, designed for entertainment or commercial purposes, are not allowed to be promoted with Leadsomatic. We will not develop or host such sites or allow such post or uploads. Forbidden sites include but are not limited to those that provide access to pornographic materials, whether for free or for payment, regardless of whether adult verification is used or not. Adult content is further defined as any material that is not "family viewable" or other material as determined as "adult-orientated" by Veretekk.com If you want to promote an Adult site please go elsewhere.
FRAUD and MISREPRESENTATION
Leadsomatic services include the ability for subscribers to customize the content of advertisements sent from our servers. Although we do not police this content nor is Veretekk.com responsible for these messages, if it is brought to our attention that one of our subscribers is misrepresenting facts or promoting fraudulent practices (phishing, ponzi schemes, pyramid schemes, racial slurs, terorrist threats, hate threats, etc.), Veretekk.com will terminate the subscriber for publishing fraud or misrepresentations. Veretekk.com may also elect to litigate against the perpetrator as well as turn all evidence, logs and information over to the appropriate authorities.
LEADSOMATIC SUBMISSION CLAIMS
The figures published on Leadsomatic.com regarding the number of websites the service submits advertisements to is based entirely upon the claims made by the various ffa systems, classified ad sites, web boards, guest books, link exchanges, ad systems, etc. that are contained in the Leadsomatic database as to how many individual webpages their respective systems conatin. Website submission technology is not an exact science! Veretekk.com has no control over any of these outside systems. Systems and websites published to by Leadsomatic today may be out of business tomorrow (and removed from the system). Some systems may simply have website failures at any given time and be unable to successfully receive the Leadsomatic submission. We are always adding to the Leadsomatic submission database. As a result, the total websites the system submits to tends to grow over time. However, there is no guarantee that the number of sites the Leadsomatic submission system allows you to submit to will not decrease. Basically, the site submission numbers reported to you on Leadsomatic.com are a reflection of our most accurate guess as to the exact number of websites the system submits to - which is highly dependant upon 3rd party claims. If you are the owner of an FFA system, Classified Ad system, etc. and would like to add it to the Leadsomatic database for remote submission to occur, we want to hear from you. Please contact Veretekk.com at 858-625-8373.
SUSPENSION OF SERVICE
We reserve the right to suspend or terminate a user's account for any reason. Any account terminated for breach of this policy will not receive a refund. Some examples of what may result in account termination:
Violation of the policy on spam, unsolicited mail, fraud or misrepresentation, already mentioned above.
Breaching, or attempting to breach security on any system or network without the written authorization of those responsible for said system or network.
Forging Web Pages, E-mail or news articles. That is, attempting to make pages, articles or E-mail appear to come from someone or somewhere they do not.
Propagating chain letters via E-mail, Usenet news, or other Internet services that refer in any way to Leadsomatic. These letters are usually along the lines of "pass this on to receive good luck," or "send these five people a dollar in order to make thousands."
Extreme violations of netiquette. The Internet is frequently described as the last forum for free speech. People regularly clash loudly over such matters as race, religion, sexual preference, and political standing. It is difficult to be on the Net for any length of time without being offended by someone. It is also quite possible to do the offending. We will investigate any complaints we receive, either by our users or others, but action will NOT be warranted if the disruption does not directly relate to Leadsomatic services.
If a user's presence on our systems jeopardizes our primary purpose, we may suspend or terminate that user's account.
Posting of any material that is or could be considered illegal. This includes but is not limited to information promoting hate groups, slander, posting copyrighted material, or intentional posting of incorrect information.
Leadsomatic reserves the right to issue a warning in lieu of terminating or suspending an account but this will be on an individual case and does not wave further breaches of this policy.
Veretekk.com reserves the right to update and/or modify this policy as Veretekk.com sees fit. If you do not agree to the terms of this policy do not request services from Leadsomatic. Any person, company or entity requesting services from Leadsomatic. is stating total compliance and acceptance of this policy. Further any person, company or entity requesting services from Leadsomatic either directly or through a 3rd party agrees to indemnify and hold harmless Veretekk.com or any of its agents, employees, officers or principals in any legal action that arises as a result of use of services, without limitation or exception. This indemnification extends to all issues associated with all Veretekk.com services or products.
General Terms and Conditions/Service Agreement to all services that are provided by Veretekk.com
This agreement applies to all services provided by Veretekk.com, (resold service or a service actually provided by Veretekk.com ALL clients of Veretekk.com (paid clients or clients using free services of Veretekk.com) (Hereafter referred to as Client) is bound to the following openly posted terms of agreement. Client agrees to indemnify and hold harmless Veretekk.com or any of its agents, employees, officers or principals in any legal action that arises as a result of use of services, without limitation or exception. This indemnification extends to all issues associated with any Veretekk.com Product or Service. All copyrightable works are the exclusive property of Veretekk.com Client maintains a license to use copyrightable works for publishing on the Internet as long as Client remains a client in good standing utilizing Veretekk.com services. Client and Veretekk.com agree that all products or services purchased or obtained free by Client is bou nd to these terms. Client understands that all prices listed for development services are only estimates and that the actual bill will reflect normal hourly cost for time involved unless noted by "not to exceed" or "quoted cost" which must be approved by the Veretekk.com Home Office. Veretekk.com makes no warranties or representations of any kind for the services offered, including warrantees of merchantability or fitness for any purpose. Client agrees not to hold Veretekk.com responsible for any loss suffered as a result of using Veretekk.com services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However Veretekk.com recognizes that any complete service interruption in excess of 24 hours will justify a credit to clients account for the appropriate amount pro-rated if client is in good standing and has paid for services not received, but that no further compensation will be made. Client agrees to a dhere to system policies as published online by Veretekk.com, including restrictions on acceptable use and all other policies designed to protect and enhance the quality and reliability of all Veretekk.com service. Veretekk.com reserves the right to modify or change such policies as needed. Any rights herein granted cannot be transferred, shared, sold or used by anyone other than the Client. If Clients payment is not received by Veretekk.com by the due date Veretekk.com may, at their option, remove such services until payment is received. Client agrees to compensate Veretekk.com for any cost including but not limited to legal fees, court cost or any other expense paid in attempting to collect debits owed to Veretekk.com If any term in this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this agreement, including all the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included. This agreement shall be construed and enforced in accordance with the laws of the State of California and San Diego County California will be the venue for any litigation in which Veretekk.com or any of it's agents are named as defendants. This agreement supersedes any written, electronic, or oral communication or agreement.
All clients that request services from Veretekk.com are also stating by their request 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. Further more you agree that you indemnify Veretekk.com for any or all issues that may arise from this relationship. You agree to take all responsibility and risk involved in your involvement with subscribing to our system and representing the company you have hired us to market on your behalf.