Terms Of Service
Last updated 18 July 2018
Thank you for your interest in Oxyleads.
These terms of service (the “Terms”) govern your access to and use of Oxyleads services, therefore we kindly ask you to carefully read them before you register and or use Oxyleads services, which include Oxyleads software, and any services that Oxyleads (“we”, “us”, “our”, or “Oxyleads”) provides Oxyleads www.oxyleads.com website (“Website”) (all of which collectively are referred as the “Oxyleads Services”, or “Services”). Oxyleads Services are provided by OxyData Inc.
When you use Oxyleads Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using Oxyleads Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization. If you do not agree to these Terms or any provisions hereof, please do not use our Services.
Oxyleads provides Services to help you to find information about companies, decision makers, and other B2B leads. By accepting our Terms, you agree 1) not to use our Service for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user’s) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of Oxyleads Services; 2) not to use any software, program, application or any other device to access or log on to Oxyleads computer systems, Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Oxyleads computer systems, Website or proprietary software.
Oxyleads is not responsible for and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular. You agree that you will not: 1) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without Oxyleads’ prior written permission; 2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; 3) take any action that imposes an unreasonable or disproportionately large load on Oxyleads’ infrastructure; or 4) reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without Oxyleads’ prior written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Oxyleads without the prior written consent of Oxyleads.
This Website is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to this Website by anyone under 18, is unauthorized, unlicensed and in violation of these Terms. By using the Service or this Website, you represent and warrant that you are eighteen (18) or older and that you agree to abide by all of the terms and conditions of these Terms.
ESTABLISHMENT OF YOUR ACCOUNT
REPRESENTATIONS AND WARRANTIES
FEES AND PAYMENT POLICY
Some Services may be offered by Oxyleads for free while others require payment of a fee. You must pay the applicable subscription or other fees to participate in paid Services. For information about fees for particular Services, please contact us at [email protected]
Please be informed that fees are payable in advance and are not refundable in whole or in part.
When you provide credit card information to Oxyleads or its payment processing agent, you represent to Oxyleads that you are the authorized user of the credit card that is used to pay for fees and authorize Oxyleads to charge your credit card for any fees incurred by you. For subscriptions or other fees, you agree and reaffirm that, until such authorization is timely canceled or revoked, Oxyleads is authorized to charge your credit card for the subscription, subscription renewal or another fee.
Oxyleads reserves the right to change fees or billing methods at any time, including charging a fee for Services previously offered free of charge. For subscription for a Service, Oxyleads will provide you with notice of any changes to the fees or billing methods at least twenty (20) days in advance by posting such changes on the Website. You are responsible for reviewing the Website to obtain timely notice of such changes. Your continued use of the Website and/or any Service twenty (20) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Oxyleads will not refund you any fees that may have accrued to Your Account before cancellation of your subscription, and Oxyleads will not prorate fees for any subscription. In addition, you may lose some or all access to certain features, data, or information associated with the paid Services. If your use of Services is subject to use, sales or other taxes, then Oxyleads may also charge you for any such taxes, in addition to the subscription or other fees.
Payment Options. You may pay fees using the methods available for the particular Service, and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary. When you provide credit card or other payment information to Oxyleads or its payment processing agent, you represent to Oxyleads that you are the authorized user of the credit card or another payment method. By agreeing to these Terms, you have agreed to permit Oxyleads to automatically renew your subscription to the applicable Service by charging a valid credit card number, which you have provided to Oxyleads or its payment processing agent. Your subscription will be automatically renewed on a day of the expiration of the term and each billing period thereafter at then then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. At the time of payment, you must provide current, complete, and accurate information (such as a change in billing address, credit card number, or credit card expiration date). In the absence of a cancellation, you authorize Oxyleads, or any other company that acts as a billing agent for Oxyleads, to automatically continue charging that card unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription and/or to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. Oxyleads and its payment processing agent reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Oxyleads or its payment processing agent. Customers who use a payment method other than credit card may incur an additional payment processing fee and may not be able to renew subscriptions automatically.
Trial Subscriptions. Oxyleads, in its sole discretion, may choose to offer a free trial subscription to Services that are normally offered for a fee. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using the Services, even if we offer a free trial subscription.
By using our Services, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by the U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
TERMINATION OF SERVICES
Oxyleads reserves the right to terminate without notice any Service or Your Account for any reason, such as your violation of these Terms or for no reason in Oxyleads’ sole discretion. Oxyleads’ failure to enforce these Terms, for whatever reason, shall not be construed as a waiver of our right to do so at any time in the future.
You have the right to cancel Your Account or a particular subscription to a Service at any time. If you do not agree to the terms in these Terms, your sole remedy is not to use the Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of Your Account or a particular subscription is your sole right and remedy with respect to any dispute with Oxyleads, including but not limited to, any dispute related to or arising out of 1) any condition of these Terms or Oxyleads’ enforcement or application of these Terms; 2) the content available through the Services or any change in content provided through the Services, 3) your ability to access and/or use the Services; or 4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Services.
If Your Account, or a particular subscription for a Service associated with Your Account, is terminated, no refund will be granted; no credits will be credited to you or converted to cash or other forms of reimbursement.
You represent, warrant and agree that no materials of any kind submitted through Your Account or otherwise posted, transmitted, or shared by you on or through the Website or the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
PROHIBITED AND RESTRICTED USES
Oxyleads Services, Your Account, and this Website may not be used in connection with criminal or civil violations of local, state, federal, or international laws, treaties, regulations, or other governmental requirements or for violation of third party rights. Such violations include, but are not limited to, theft or infringement of copyrights, trademarks or trade secrets, fraud, forgery, theft or misappropriation of funds, libel and defamation. Oxyleads may involve and will cooperate with, law enforcement if criminal activity is suspected.
While using Oxyleads Services you yourself agree not to: 1) register for more than one (1) free user account, register for a user account on behalf of an individual other than yourself (except registration on behalf of a represented company).
The following actions are considered “abuse” and are strictly prohibited: 1) harvest or collect email addresses, passwords, or other contact information of other users from the Services or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 2) use the Services or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; 3) use automated scripts to collect information from or otherwise interact with the Services or the Website; 4) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; 5) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 6) upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; 7) attempt to get a password, account information, or other private information from anyone else on the Services or Website; 8) use or attempt to use another’s account, service or system without authorization from Oxyleads, or create a false identity on the Services or the Website.
You are responsible for making reasonable attempts to immediately report to Oxyleads any known or suspected issue which could compromise the stability or security of the Services.
SOFTWARE LICENSING RIGHTS
The Services may require or allow you to download software, software updates or patches, or other utilities and tools from Oxyleads or its licensors onto your computer (the “Software”). Oxyleads grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by Oxyleads at the time the Software is made available to you. If an end user or similar license agreement is provided with the Software, your use of the Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software. You may not modify the Software or use it in any way not expressly authorized in writing by Oxyleads. You understand that Oxyleads’ introduction of various technologies may not be consistent across all platforms and that the performance of the Software and related Oxyleads services may vary depending on your computer and other equipment.
From time to time, Oxyleads may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue using the Software and/or the Service or other Oxyleads services.
You must configure your system in a secure manner. Should your system be exploited by unauthorized persons, you are responsible for both reporting the violation (where applicable) and fixing the exploited system. For instance, should the security of a mail server be compromised to distribute unsolicited emails, you are responsible for immediately re-configuring the system to prevent further unauthorized use. You are prohibited from interfering or attempting to interfere with services (also referred to as Denial of Service Attacks), whether intentionally or through neglect, of any other user, host, or network. The prevention of “unintentional attacks”, such as infection and subsequent propagation of computer viruses, is your responsibility. Anti-virus software should be installed on every system which connects to the Services. You are prohibited from injecting, intentionally or negligently, false or unauthorized network control data into the network of the Services, such as, but not limited to, in the form of incorrect routing or DNS information.
In addition to the User Conduct described above, you are strictly prohibited from engaging, whether intentionally or through neglect, in any of the following activities, for which may result in termination of Your Account: 1) sending unsolicited mass or commercial messages (also referred to as “spamming”) for any purpose whatsoever; 2) you may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account, commonly known as “mail bombing”; 3) you may not use email to harass or intimidate others. Harassment, whether through language, a frequency of messages, or size of messages, is prohibited. Sending unwelcome messages is considered harassment. If a recipient asks to stop receiving email, you must not send that person any further messages; 4) you may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
In the absence of positive, verifiable proof to the contrary, and after you have 72 hours to provide such proof in writing, Oxyleads consider complaints by recipients of e-mails to be de-facto proof that the recipient did not subscribe or otherwise request the correspondence about which a complaint was generated.
You are solely responsible for your interactions with other Website and Service users. Oxyleads reserves the right but has no obligation, to monitor disputes between you and other users.
THIRD PARTY SERVICES
The Website contains (or you may be sent through the Website or the Service) links to other web Websites, including advertiser websites, (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Websites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Oxyleads, and Oxyleads is not responsible for any Third Party Websites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Applications, Software or Content. The inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Oxyleads. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Applications, Software or Content, you do so at your own risk, and you should be aware that Oxyleads’ terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website.
LIMITATION OF LIABILITY
You agree that your violation of these Terms may result in immediate and irreparable harm to Oxyleads for which it may not be compensated adequately by a monetary award. In the event of your actual or threatened violation of these Terms, you agree that Oxyleads shall be entitled to an injunction or other equitable relief, in addition to such other relief to which such parties may be entitled, including monetary relief, appropriately enjoining or restraining conduct in violation of these Terms, without having to prove damages or post bond or other security.
OXYLEADS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ACTUAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER TYPE OF DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, RECORDS, OR INFORMATION, ARISING FROM OR RELATING TO THE WEBSITE, SERVICES OR YOUR ACCOUNTS, DAMAGE TO ANY SYSTEMS, HARDWARE OR SOFTWARE, LOST PROFITS, LOST SAVINGS AND THIRD PARTY CLAIMS WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, AND/OR WHETHER OR NOT OXYLEADS WAS ADVISED OR WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR WHETHER OR NOT SUCH DAMAGES ARISE UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHER THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OXYLEADS’ LIABILITY IS LIMITED AND EXCLUDED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL THE ENTIRE LIABILITY OF OXYLEADS ARISING FROM OR IN ANY WAY RELATED TO THE WEBSITE OR SERVICES OR ANY PART THEREOF EXCEED IN THE AGGREGATE THE FEES PAID BY YOU IN RESPECT OF YOUR USE OF THE SERVICES OVER THE PRIOR THREE (3) MONTH PERIOD. OXYLEADS HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR ANY WARRANTIES ARISING UNDER ANY STATUTE, COURSE OF DEALING, OR OTHER LEGAL REQUIREMENT, AND ALL OTHER WARRANTIES NOT EXPRESSLY PROVIDED IN THESE Terms.
The Website and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Oxyleads assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Oxyleads is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Software. Under no circumstances will Oxyleads be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the Website or the Services, any user content or Third Party Applications, Software or Content posted on or through the Website or the Services or transmitted to users, or any interactions between users of the Website or Services, whether online or offline.
Oxyleads shall not be liable for any damages, losses, or lawsuits arising from or relating to any event or occurrence beyond Oxyleads commercially practicable and reasonable control, including, but not limited to, any act of terrorism, war, any act of God such as lightning, hurricane, tornado, earthquake, and flood, third-party acts, or any other event or occurrence outside the commercially practicable and reasonable control of Oxyleads.
You agree to indemnify, defend, and hold harmless Oxyleads, its affiliates and their respective directors, employees, officers, licensees, agents, successors, and assigns from and against all damages, losses, lawsuits, and claims, including, without limitation, attorneys’ fees and expenses, arising from or relating to any violation of these Terms by you, at your direction, or with your assistance or cooperation, and/or your negligent or intentionally wrongful acts or omissions and/or your acts and omissions to act in using the website, services, and/or software in accordance with these Terms. You agree that Oxyleads has the right to control the defense and any settlement of all such damages, losses, lawsuits, and claims at your sole cost and expense.
You further agree to indemnify and hold Oxyleads harmless for any improper or illegal use of Your Account, including the illegal or improper use of Your Account by someone to whom you have given permission to use Your Account. You agree that you will be personally responsible for your use of the Website and Services and for all of your communication and activity on the Website and Services, including any content you contribute, and that you will indemnify and hold harmless Oxyleads, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Website and Services, including any content that you contribute.
THIRD PARTY CONTENT
All links to or information on this Website provided about other websites are for the express purpose of providing easy access to content that may be deemed “desirable” by you. Oxyleads does not endorse or sponsor these websites. You will need to make your own determinations about these websites.
Exclusive venue for any litigation regarding these Terms shall be in the federal and/or state courts located in Laramie County, Wyoming; provided, however, Oxyleads reserves the right to initiate legal action in any other jurisdiction Oxyleads deems appropriate in connection with the enforcement of these Terms. The laws of the State of Wyoming, excluding conflicts of laws principles, shall govern the interpretation and enforcement of these Terms.
CHANGES TO THE TERMS
We reserve the right to modify these Terms from time to time. If we make a material change to these Terms, we will post the change on the Website or in these Terms. The Terms are binding from the time that it is updated on our Website. Please check back from time to time to ensure that you are aware of these changes. Your continued use of the Website and/or any Services will signify your acceptance of these changes. If you have questions or concerns regarding these Terms, please contact us at [email protected].
These Terms sets forth the entire agreement between you and Oxyleads regarding the subject matter of these Terms.
If you have further questions or concerns about these Terms, please email Oxyleads at [email protected].