ContactTRACS Terms of Service

By using the ContactTRACS site, a service of LiquidFire, LLC, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

LiquidFire, LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://legal.thenewtracs.com/terms_of_service.

Violation of any of the terms below will result in the termination of your Account. While LiquidFire, LLC prohibits such conduct and Content on the Service, you understand and agree that LiquidFire, LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. LiquidFire, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. One person or legal entity may not maintain more than one free account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their ContactTRACS account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses ContactTRACS, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that LiquidFire, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LiquidFire, LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to ContactTRACS via the API may result in the temporary or permanent suspension of your account's access to the API. LiquidFire, LLC, in its sole discretion, will determine abuse or excessive usage of the API. LiquidFire, LLC will make a reasonable attempt via email to warn the account owner prior to suspension.
3. LiquidFire, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
   

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
   
2. If you initially sign up for a Personal, Basic, Plus, or Premium account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
   
3. An upgrade from the free 1-project plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
   
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
   
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
   
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
   
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. LiquidFire, LLC does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
   
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
   
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
   
4. LiquidFire, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LiquidFire, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. LiquidFire, LLC reserves the right to refuse service to anyone for any reason at any time.
   

Modifications to the Service and Prices

1. LiquidFire, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
   
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ContactTRACS Site (thenewtracs.com) or the Service itself.
   
3. LiquidFire, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
   

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
   
2. LiquidFire, LLC does not pre-screen Content, but LiquidFire, LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
   
3. The look and feel of the Service is copyright©2008 LiquidFire, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from LiquidFire, LLC.
   

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
   
2. Technical support is only provided to paying account holders and is only available via email.
   
3. You understand that LiquidFire, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
   
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LiquidFire, LLC, or any other LiquidFire, LLC service.
   
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by LiquidFire, LLC.
   
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
   
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LiquidFire, LLC customer, employee, member, or officer will result in immediate account termination.
   
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
   
10. You must not transmit any worms or viruses or any code of a destructive nature.
    
11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by LiquidFire, LLC) of other ContactTRACS customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
    
12. LiquidFire, LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
    
13. You expressly understand and agree that LiquidFire, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LiquidFire, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
    
14. The failure of LiquidFire, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LiquidFire, LLC and govern your use of the Service, superceding any prior agreements between you and LiquidFire, LLC (including, but not limited to, any prior versions of the Terms of Service).
    
15. Questions about the Terms of Service should be sent to support@contacttracs.com.

Anti-Spam Conditions

LiquidFire, LLC prohibits the use of the LiquidFire, LLC Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any ContactTRACS services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of LiquidFire, LLC Services or LiquidFire, LLC customers.

In addition, e-mail sent, or caused to be sent, to or through the LiquidFire, LLC Services may not:

• use or contain invalid or forged headers;
  
• use or contain invalid or non-existent domain names;
  
• employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  
• use other means of deceptive addressing;
  
• use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
  
• contain false or misleading information in the subject line or otherwise contain false or misleading content;
  
• fail to comply with additional technical standards described below;
  
• otherwise violate LiquidFire, LLC's Terms of Use.

LiquidFire, LLC does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the LiquidFire, LLC Services. LiquidFire, LLC does not permit or authorize others to use the LiquidFire, LLC Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are LiquidFire, LLC's confidential and proprietary information. Use of the LiquidFire, LLC Services is also subject to the LiquidFire, LLC website Terms of Services.

LiquidFire, LLC does not permit or authorize any attempt to use the LiquidFire, LLC Services in a manner that could damage, disable, overburden or impair any aspect of any of the LiquidFire, LLC Services, or that could interfere with any other party's use and enjoyment of any LiquidFire, LLC Service.

If LiquidFire, LLC believes that unauthorized or improper use is being made of any LiquidFire, LLC Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. LiquidFire, LLC may immediately terminate any account on any LiquidFire, LLC Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the LiquidFire, LLC Services. Failure to enforce this policy in every instance does not amount to a waiver of LiquidFire, LLC's rights.

Unauthorized use of the LiquidFire, LLC Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Opt-In Calling Conditions

LiquidFire, LLC offers its clients voice-recorded telephone mailer services. LiquidFire, LLC does not accept responsibility for the content of these mailers, and assumes that all client voice mailers are created and sent in accordance with the Privacy and Electronic Communications Regulations 2003, which states the following but is not limited to:

• Automated marketing calls are pre-recorded marketing messages and can only be used with the prior permission of an individual or organisation. They do not include ‘live’ sales calls (where you speak to a person), voicemail messages or ‘silent calls’.
• Electronic mail is emails, SMS (text), picture, video and answer-phone messages. Electronic mail marketing messages should not be sent to individuals without their permission unless all these following criteria are met:
  
  1. The marketer has obtained your details through a sale or negotiations for a sale.
  2. The messages are about similar products or services offered by the sender.
  3. You were given an opportunity to refuse the marketing when your details were collected and, if you did not refuse, you were given a simple way to opt out in every future communication.
  
  The regulations do not cover electronic mail marketing messages sent to businesses.

It is the responsibility of the client to inform themselves of and comply with all laws regarding the use of such voice-recorded telephones mailer services. Should a client breach any rules stipulated by the Privacy and Electronic Communications Regulations 2003, LiquidFire, LLC reserves the right to terminate the offending client's account without notice.