TERMS OF SERVICE

By using the LinkFacts.com website or utilizing the LinkFacts.com link-tracking service, you agree to the following terms.

DEFINITIONS

(a) LinkFacts.com and Elemental Thought Design shall hereafter be referred to as "We" or "Us".
(b) The agreeing party shall hereafter be referred to as "You".

OWNER/OPERATOR

LinkFacts.com is owned and operated by Elemental Thought Design. This agreement is between You and Us in accordance with the terms laid out below.

ACCOUNT INFORMATION

As an account holder, it is Your responsibility to keep your account information up to date. As a service provider, we require the ability to contact you in regards to your account and service if the need arises. Failure to maintain your account information may result in missed service notices or requests, which may lead to a discontinuation of service.

We agree to keep Your account information strictly confidential. Your information will never be used in any event except where We are required to in regards to your account or service. Your information will never be made available to third parties in any circumstance except where required by law.

Please see our privacy policy for more information on our confidentiality policies.

LINKS AND CONTENT

Be aware that We have no control over the content linked to or from a LinkFacts.com link, nor do we claim any responsibility for the content of any link. Be aware that when using a LinkFacts.com link, you will be directed to a site that is beyond Our control. These sites may contain information or content that is inaccurate or offensive, use cookies, or collect data.

We explicitly disclaim any and all responsibility for the content found on sites that link to or from LinkFacts.com. We make no warranties nor representations as to the availability, reliability, security or accuracy of any such site, nor can we vouch for the content or practices of any such site.

We reserve the right to disable links to or from any LinkFacts.com site.

EMAILS

Utilizing a LinkFacts.com link in an unsolicited commercial email (UCE), or "spam" email, is not permitted. Doing so is grounds for immediate termination of your account without prior notification. All spam complaints will be investigated by Us to the best of Our ability and any deemed violation at our sole discrection shall be cause for termination. YOUR FEES WILL NOT BE REFUNDED and will be used to offset the cost of our investigation. Any and all claims, demands, losses, expenses, damages, actions, suits and other proceedings against or involving Us resulting from Your use of spam email or UCE, including but not limited to legal costs and expenses, shall be the sole responsibility of You, the account holder.

ACCEPTABLE SITES

LinkFacts.com will accept adult-oriented sites as candidates for service. However, We do not condone illegal material or content, and will not accept any site offering or displaying child pornography, warez, stolen content, or unauthorized copyrighted material. Any site found to be offering illegal material or content will not be accepted for membership, or if a membership already exists, the account will be terminated and YOUR FEES WILL NOT BE REFUNDED. In addition, We may notify the proper legal authorities.

SECURITY

You are responsible for the security of Your password and username, and to keep this information safe. If you believe that your account information has been compromised (e.g. loss or theft of your userid or password) you should notify LinkFacts.com immediately and inform Us of the problem to avoid possible liability for any unauthorized damage or charges to your account. Please see our privacy policy for more information on security.

SUBSCRIPTIONS

By opening a subscription based account with LinkFacts.com, you hereby agree to pay all charges to your account in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.

Subscriptions are NOT automatically renewed, and must be renewed manually from within the LinkFacts.com members area. If you allow a subscription to expire, your credit card will NOT be charged and your subscription will become inactive. Renewal charges are subject to current billing prices at the time of renewal. We will do Our best to notify account holders of upcoming subscription expirations, but make no guarantees that notification attempts will be successful.

BILLING

If you choose to pay by credit card, We are a contracted vendor of 2CO.com and Your purchase will be through a 2CO.com secure server. Please see policies and terms of use at the time of payment.

Payment is also possible in other forms. Please see our payment options at the time of payment.

If payment cannot be collected, or payment is returned for any reason including chargeback, We reserve the right to suspend or terminate Your account and service, thereby terminating this Agreement and all obligations hereunder.

REFUNDS

If You are unsatisfied with the LinkFacts.com service, refunds can be requested within 7 days of purchase of a paid subscription.

INDEMNIFICATION

The LinkFacts.com site is provided on an "as is" and "as available" basis. Neither LinkFacts.com nor its affiliates, employees, third-party content providers, designers, contractors, distributors, or associates warrant that use of the LinkFacts.com site will be uninterrupted or error free. Neither LinkFacts.com nor its associates warrant the accuracy, integrity or completeness of the content provided on the LinkFacts.com site or the services offered for sale on the LinkFacts.com site. You expressly agree that use of the LinkFacts.com site is at your sole risk.

Under no circumstances shall LinkFacts.com or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the LinkFacts.com site, including but not limited to reliance by a user on any information obtained at the LinkFacts.com site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to LinkFacts.com records, programs or services. You hereby acknowledge that this paragraph shall apply to all content and services available through the LinkFacts.com site.

LIMITATION OF LIABILITY

The LinkFacts.com site is provided on an "as is" and "as available" basis. Neither LinkFacts.com nor its affiliates, employees, third-party content providers, designers, contractors, distributors, sponsors, licensors, or associates warrant that use of the LinkFacts.com site will be uninterrupted or error-free. Neither LinkFacts.com nor its associates warrant the accuracy, integrity or completeness of the content provided on the LinkFacts.com site or services offered for sale on the LinkFacts.com site. You expressly agree that use of the LinkFacts.com site is at your sole risk.

Under no circumstances shall LinkFacts.com or its associates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the LinkFacts.com site, including but not limited to reliance by a person on any information obtained at the LinkFacts.com site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to LinkFacts.com records, programs or services. User hereby acknowledges that this paragraph shall apply to all content and services available through the LinkFacts.com site.

RESTRICTIONS ON USE OF MATERIALS

LinkFacts.com contains material which is derived in whole or in part from material supplied by Elemental Thought Design, and is protected by Canadian and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The use of any such Materials on any other Web site or networked computer environment is prohibited without Elemental Thought Design's express written consent

TERMINATION

The terms of this Agreement may be terminated at any time by either party. We reserve the right to terminate this Agreement without prior notice if You are found at Our sole discretion in violation or non-compliance of any of the terms or provisions of this Agreement. You may terminate this Agreement by ceasing to use LinkFacts.com services and sites and destroying all copies of materials and information obtained thereof.