LinkTrackr.com is controlled, operated and administered entirely by Kash Media (hereafter referred to as Kash Media).
By using the LinkTrackr.com web site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Kash Media 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://www.linktrackr.com/terms
Violation of any of the terms below will result in the termination of your Account. While Kash Media prohibits such conduct and Content on the Service, you understand and agree that Kash Media 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.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Kash Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- 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).
- 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).
- You must not use an account name that deceives users into thinking that your account URL is part of the official LinkTrackr.com website or is associated with the main LinkTrackr.com website.
- You must not use trademarked names, brand names or the name of another person as your account name.
- You must not at any given time have more than one free account.
- Kash Media may at its discretion cancel any account name that it deems misleading and deceptive, or violates the trademark or brand of others.
Fair Use Policy
- You must not use LinkTrackr as a traffic exchange site, traffic feeder site, or any other abnormal use other than for tracking your own marketing campaigns.
- You must not use LinkTrackr with junk traffic sites, or engage in any form of spamming.
- If we receive verified reports of abuse originating from your account, we will immediately suspend your account. Refunds will not be entertained and you will be liable for damages to our service resulting from your abuse.
Customers may access their LinkTrackr 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 LinkTrackr, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Kash Media 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 Kash Media 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.
- Abuse or excessively frequent requests to LinkTrackr via the API may result in the temporary or permanent suspension of your account’s access to the API. Kash Media, in its sole discretion, will determine abuse or excessive usage of the API. Kash Media will make a reasonable attempt via email to warn the account owner prior to suspension.
- Kash Media 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
- You will be billed in advance, and payments guarantee your access and usage rights until the next payment is due.
- Once an overdue invoice is unpaid for 14 days, your service will be suspended. Your service will be automatically unsuspended as soon as your overdue invoice is paid.
- A late fee of $5 is applicable to all unpaid overdue invoices after 14 days.
- You may request a refund within 30 days of payment. After that period all sales are final and will not be refunded.
- You may cancel your account at any time before the next biling date, and you will not incur further charges.
- If you pay via PayPal, you must manage your own subscriptions when upgrading, downgrading, or terminating your account. You can do this by logging into the PayPal website.
- 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.
- 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.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Kash Media does not accept any liability for such loss.
Cancellation and Termination
- 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 logging into your client area.
- 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.
- Your account will be automatically terminated if no payment is received for an overdue invoice, 28 days from the payment due date.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- Kash Media, 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 Kash Media 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.
- Kash Media reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Kash Media 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.
- 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 LinkTrackr Site (LinkTrackr.com) or the Service itself.
- Kash Media 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
- All content posted on the Service is must comply with U.S. copyright law.
- 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.
- Kash Media does not pre-screen Content, but Kash Media 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.
- The look and feel of the Service is copyright©2010 Kash Media. 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 Kash Media.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Kash Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- 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, Kash Media, or any other Kash Media service.
- 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 Kash Media.
- You agree not to use LinkTrackr to track links that are pornographic, features primarily adult content, or related to gambling.
- 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.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kash Media customer, employee, member, or officer will result in immediate account termination.
- 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.
- You must not use the Service in unsolicited email, SMSs, or “spam” messages. Reports on SPAM will be taken seriously and your account will be suspended.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Kash Media) of other LinkTrackr customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Kash Media 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.
- You expressly understand and agree that Kash Media 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 Kash Media 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.
- The failure of Kash Media 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 Kash Media and govern your use of the Service, superceding any prior agreements between you and Kash Media (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to help [at] linktrackr.com.