These Terms of Service are incorporated by reference in the Master Subscription Agreement (“MSA”) with Lead Liaison LLC (“Lead Liaison”) and User’s Service may be suspended or terminated for violation in accordance with the Terms of Service. Inquiries regarding this policy should be directed to Lead Liaison at legal@leadliaison.com.

The term “User” below refers collectively to Customer and all persons who use the Service under Customer’s account. Capitalized terms used but not defined in these Terms of Service have the definitions provided in the MSA.

Internet Abuse

User may not use the Service or Lead Liaison’s (or its service provider’s) network to engage in, foster, or promote illegal, harassing or offensive activities, including:

1. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
2. Use of an Internet account, e-mail address or computer without the owner’s authorization, including, but not limited to Internet scamming (tricking other people into releasing their passwords), phishing, and security hole scanning;
3. Forging of any TCP-IP packet header or any part of the header information in an Email Invitation;
4. Use of the Service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
5. Use of the Service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “add/remove” tool);
6. Use the Service in violation of applicable laws or to foster or promote illegal activities, or activities which may compromise national security or interfere with law enforcement investigation; or
7. Any conduct that is likely to result in retaliation against Lead Liaison, the Service, or Site, or Lead Liaison’s employees, agents, customers or service providers, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Further, User shall not attempt to: (i) gain unauthorized access to or use of the Service or Lead Liaison’s or third party’s data, systems or networks; or (ii) interfere or disrupt the integrity or performance of the Service or the data hosted by the Service.

Security

User must take reasonable security precautions in light of User’s use of the Service. User is solely responsible for any breaches of security affecting User’s network or the servers under User’s control. User must protect the confidentiality of User’s password(s). Users are encouraged to change their password(s) periodically, which User may do by accessing the Preferences portion of the Site. User should notify Lead Liaison via email at support@leadliaison.com immediately of any unauthorized use of User’s password or other security breach affecting the Service.

Bulk or Commercial E-Mail

User must comply with all laws and regulations applicable to bulk or commercial e-mail with respect to User’s use of the Service, including without limitation the CAN-SPAM Act of 2003.

In addition, User may not send any bulk Unsolicited Email by use or means of the Service. “Unsolicited Email” is any electronic communication sent to persons other than: (i) persons with whom User has an existing business relationship, OR (ii) persons who have consented to the receipt of such e-mail, including publishing or providing their e-mail address in a manner from which consent to receive e-mail of the type transmitted may be reasonably implied. No E-mail Invitations User sends through the Service may be Unsolicited Email.

Lead Liaison reserves the right (without prior notice to User), to directly opt-out any Prospect email account wherein Prospect has classified User generated email as “Spam” through Prospect’s ISP or email security provider. In addition, and at Lead Liaison’s request as needed to respond to an e-mail related complaint, User will promptly provide to Lead Liaison information User has available documenting the business relationship or consent of the complainant, and will otherwise reasonably cooperate with Lead Liaison in responding to such complaints and mitigating the effect on the Service or Lead Liaison’s (or its service provider’s) network.

User must have procedures in place to allow a Prospect to easily revoke its consent to receiving Email Invitations, such as an opt-out link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Any such revocations of consent should be honored within 72 hours.

In addition:

1. User’s company must have a Privacy Policy posted for each domain associated with the Email Invitation;
2. User’s company must have the means to track abuse complaints; and
3. User may not obscure the source of User’s Email Invitations in any manner. User’s e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.

These policies apply to messages sent using the Services. Lead Liaison may test and otherwise monitor User’s compliance with its requirements, and may block the transmission of e-mail that violates these provisions.

Excessive Email Bounces

High deliverability of email campaigns is at the heart of Lead Liaison’s reputation and of its ability to perform the Service without system degradation or performance issues. For this reason, Lead Liaison reserves the right to monitor all User email campaigns sent using the Service to determine if there are excessive e-mail bounce incidents due to erroneous or inaccessible email addresses. Excessive e-mail bounces are defined as any bounce rate which exceeds reasonable industry standards. User will be informed of all incidents of excessive e-mail bounces so that mitigating steps can be taken by User. If incidents of email bounces continue to occur, User will be required to purchase Lead Liaison’s email list cleansing or email delivery services at the then current rate, in order to ensure that campaign performance is improved.

Sending Thresholds

Anything greater than the threshold will impact your account (limits, possible suspension).

Offensive Content

In using the Service, User agrees that User will not, and User is not permitted to:

1. Transmit or store any content or material that is infringing, obscene, threatening, libelous, defamatory, tortious or otherwise harmful to third parties, including but not limited to content or material harmful to children or which violates third party privacy or proprietary rights;
2. Transmit or store content or material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs of any kind; or
3. Engage in practices that are considered to be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes, or impersonates any person or entity, or falsely stating or otherwise misrepresenting User’s affiliation with a person or entity; or
4. Otherwise engage in malicious, fraudulent, objectionable or offensive activities or activities which may result in retaliation against Lead Liaison, Lead Liaison’s employees, agents, customers or service providers.

Copyrighted Material

User may not use Service, Site or Lead Liaison’s (or its service provider’s) network or equipment to publish, distribute, or otherwise copy in any manner any work protected by copyright law unless:

1. User has been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
2. User is otherwise permitted by established United States copyright law to copy the work in that manner.

Lead Liaison may terminate the Service of repeat copyright infringers.

Cooperation with Investigations and Legal Proceedings

Lead Liaison may, without notice to User:

1. report to the appropriate authorities any conduct by User that it believes violates applicable criminal law, and
2. Provide any information it has about User in response to a formal or informal request from a law enforcement or government agency, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Consequences of Violation of Terms of Service

Lead Liaison may without notice to User, suspend User’s account or remove any content transmitted via the Service if Lead Liaison discovers facts that lead it to reasonably believe User is in violation of our Terms of Service, or if User’s account is being used in violation of these Terms of Service. User must cooperate with Lead Liaison’s reasonable investigation of any suspected violation of the Terms of Service. Lead Liaison will make best effort to contact User prior to suspension of network access to User’s server(s); however, prior notification is not assured. User is strictly responsible for the use of the Service by User or by means of User’s account in violation of these Terms of Service, including use by User’s customers and agents, and including unauthorized use (but not including unauthorized use that results from Lead Liaison’s material failure to perform its obligations under the Terms of Service).

Amendments to Terms of Service

The Internet is still evolving, and the ways in which the Internet may be abused are also still evolving. Therefore, Lead Liaison may from time to time amend these Terms of Service in accordance with the Terms of Service to further detail or describe reasonable restrictions on User’s use of the Service.

Disclaimer

Lead Liaison is under no duty, and does not by these Terms of Service undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for User’s misuse of the Service, Site or the Lead Liaison (or its service provider) network. Lead Liaison disclaims any obligation to any person who has not entered into an agreement with Lead Liaison for services.